Recommendation
(E/CN.4/2006/6/Add.6)
Situation during visit in 2005
(See E/CN.4/2006/6/Add.6)
independence and
impartiality of the
judiciary
(k) The power to order
or approve arrest and
supervision of the
police and detention
facilities of the
procurators should be
transferred to
independent courts.
Information received on steps taken
since December 2007/current situation
were unable to process their annual
license renewal in May 2008
• Over 70% of criminal cases do not
involve lawyers. This is despite the
continuously growing number of
qualified lawyers. A likely cause for
the absence of lawyers from criminal
cases is that lawyers refuse to take up
cases for fear of repression or
harassment (see infra
recommendation l
Non-governmental sources: The Public
Procuratorate continues to be in charge
of decisions over extending police custody
and pretrial detention.
Non-governmental sources: CL articles
306 and CPL 38 remain in force allowing
prosecutors to arrest lawyers on grounds
of “perjury” or “false testimony”,
offences which are punishable by up to
seven years’ imprisonment. These articles
have been used to intimidate, threaten and
detain lawyers, who defend human rights.
Defence lawyers have increasingly
become the target of violence and
torture.
A/HRC/10/44/Add.5
page 13
(l) Article 306 of the
Criminal Law,
according to which any
lawyer who counsels a
client to repudiate a
forced confession, for
example, could risk
prosecution should be
abolished.
There was no provision under
Chinese law for individuals to be
brought promptly before an
independent judicial authority to
assess the lawfulness of the
detention; decisions over an
extension of custody and pretrial
detention rested with the Public
Procuratorate.
Together with article 38 of the
CPL, which made “interfering
with the proceedings before
judicial organs” an offence, CL
article 306 could be invoked to
harass, intimidate and sanction
lawyers.
Steps taken in previous years
(See A/HRC/4/33/Add.2 and
A/HRC/7/3/Add.2)
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