E/CN.4/1993/26
page 25
sometimes in the mouth, soles of the feet and genitals; the use of lighted
cigarettes to inflict burns; the use of dogs to bite detainees; the use of
manacles and chains to restrain prisoners for long periods; the practice of
making people stand outside for several days at a time, sometimes on blocks of
ice, and of making prisoners kneel on the point of triangular pieces of wood.
78.
Convicted prisoners are sometimes tortured or severely
ill-treated as a punishment for alleged breaches of prison discipline.
However, torture and mistreatment most often occur when detainees are held for
a few weeks or months without trial and then released, and prior to the laying
of formal charges. In these cases torture is an adjunct to the intensive
interrogation process and is reportedly carried out by Public Security
Bureau (PSB) or People's Armed Police (PAP) officers.
79.
Detainees are questioned for several hours at a stretch, up to three or
four times a day, sometimes in the middle of the night. The interrogation
usually takes place in a room with one or two chairs and a table. The
detainee is sometimes made to strip naked and sit on the floor. While one
person takes notes, one or more interrogators alternate between questioning
and beating the prisoner. Until the questioning is completed detainees are
normally held incommunicado without access to legal counsel and isolated from
family and friends. On the other hand, there are reportedly no effective
official channels through which a detainee or a relative can make a complaint.
80.
On 28 October 1992 the Government of China sent the following comments
which, at its request, are reproduced below in their entirety:
"1.
Resolutely opposing and prohibiting all forms of torture has
consistently been the Chinese Government's basic position. China has
long conscientiously banned torture, effectively guaranteed its citizens'
right to life and ensured that their individual dignity is not subject to
unlawful encroachments. Its policy has always been that where there is a
law it can and must be adhered to, and breaches must be investigated; it
adheres to the principle that all citizens are equal before the law, and
treats with the utmost seriousness the incessant refinement of its
legislation and the incorporation of its ban on torture into the legal
system.
2.
The Chinese Constitution and relevant legislation lay down
provisions for the prohibition of torture both in principle and in
substance: no citizen may be arrested without the approval of or an
order from a people's procuratorate or an order from a people's court, or
by anyone other than the public security authorities; unlawful taking
into custody and unlawful encroachment or limitation on citizens' right
to life by other means are prohibited; citizens' human dignity is
inviolable. Libelling, slandering, bringing false charges against or
framing citizens in any manner is prohibited. The Chinese Penal Code
lays down corresponding penalties for torture: that is, for the crimes
of extracting confessions by torture, unlawfully taking into custody,
unlawfully placing under surveillance, illegally conducting searches,
libel and slander, inflicting corporal punishment on or ill-treating
prisoners, unlawfully encroaching on citizens' freedom of religious
belief or violating the customs and traditions of ethnic minorities, and
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents