E/CN.4/1997/7
page 16
bill amending the existing Code of Criminal Procedure and the Penal Code in
respect of detention and introducing rules for strengthening the protection of
civic rights.
China
55.
By letter dated 5 July 1996 the Special Rapporteur advised the
Government that he had received information indicating that torture and other
ill-treatment had continued to be used on a widespread and systematic basis
against both common criminal detainees and persons detained for political
reasons. Criminal suspects were allegedly tortured or otherwise ill-treated
during preliminary or pre-trial detention to intimidate, to coerce
“confessions”, or to elicit information about the detainee or other persons.
56.
Persons detained during the preliminary stages of an investigation of a
case were said usually to be held incommunicado, without access to family or
legal counsel. Such periods of incommunicado detention might last for a
number of months or even years. Under the recent amendments to the Criminal
Procedure Law, lawyers were permitted to meet detainees in the presence of
police officers “following the first interrogation”. However, the provisions
were also said to allow persons to be held without notification of the
detention to family members or legal representatives if “this notification
hinders the investigation of the crimes or cases”.
57.
Torture was also alleged to occur frequently in administrative
detention, including “Shelter and Investigation” (
shourong schencha ), in which
persons may be held for up to three months without any judicial proceedings or
approval, “Re-education Through Labour” (
laodong jioyang ), in which persons
may be sent to labour camps for up to three years without judicial proceedings
or approval, and “Retention for In-Camp Employment” (
liuchang jiuye ), in which
persons may be detained in prison camps after they have completed their
sentences.
58.
The forms of punishment reported to be administered in prisons and
labour camps include beatings, shackling and prolonged solitary confinement.
In some instances, torture was reportedly carried out for discipline or
punishment by inmates, known as “trustees”, acting as surrogates for or at the
instigation of prison officials. Arrangements of this nature were said to
allow prison officials to avoid accountability for abuse inflicted upon
prisoners.
59.
The Special Rapporteur also informed the Government that he had
continued to receive reports according to which the practice of torture was
endemic to police stations and detention centres in Tibet. At police
stations, the forms of torture and ill-treatment reported include kicking;
beating; application of electric shocks by means of batons or small electrical
generators; the use of self-tightening handcuffs; deprivation of food;
exposure to alternating extremes of hot and cold temperatures; enforced
standing in difficult positions; enforced standing in cold water; prolonged
shackling of detainees spread-eagled to a wall; placing of heated objects on
the skin; and striking with iron rods on the joints or hands. Tibetans who
had been forcibly returned to Tibet after seeking asylum in Nepal were alleged
to be particularly vulnerable to torture.
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