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implementation of his recommendations. The Special Rapporteur regrets that the Government
has not provided any input. He looks forward to receiving information on China’s efforts to
follow-up to his recommendations and he reaffirms that he stands ready to assist in efforts to
prevent and combat torture and ill-treatment.
8.
Echoing the observations of the United Nations Committee against Torture
of 21 November 2008 (see CAT/C/CHN/CO/4), the Special Rapporteur notes several positive
regulatory changes in recent years that relate to criminalizing acts aimed at coercing confessions.
He regrets, however, that the definition of torture and the criminalization of torture in Chinese
law still do not satisfy the requirements of articles 1 and 4 of the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). He also reiterates his
concerns about Re-education-through-labour (RTL) camps and urges the Government to abolish
the doctrine of RTL. The Special Rapporteur notes with interest the Government’s on-going
efforts to combat torture practices, including through the provision of nationwide training of the
police and the introduction of audio and video recording devices in interrogation rooms.
However, he also notes reports on shortcomings in the implementation of these new measures as
well as on cases of intimidation of defence lawyers. He regrets that the state secrets system
continues to be the primary obstacle to independent investigations of torture allegations, thereby
also hindering the prosecution of perpetrators. Moreover, the secrecy surrounding actions taken
with respect to torture makes it difficult to assess the results of new measures.
9.
The Special Rapporteur welcomes the amended Law on Lawyers but notes with concern
that efforts to reform the Criminal Procedure Law were apparently put on hold at the end
of 2007. The Special Rapporteur urges the Government to resume its reform efforts as soon as
possible, taking into account his recommendations concerning the guarantee of habeas corpus or
equivalent means to challenge the lawfulness of detention and the full guarantee of the right to
fair trial. The Special Rapporteur is particularly concerned about reports of the increasing use of
house arrests for prolonged periods of time without a possibility to challenge the deprivation of
liberty, as well as a reported increase in the number of arrests relating to political crimes in 2008.
10. The Special Rapporteur further notes that no independent mechanism mandated to monitor
all places of detention has been created. In this context, he strongly encourages the Government
to ratify the Optional Protocol to the Convention against Torture.
11. The Special Rapporteur also welcomes efforts made by non-governmental organizations
(NGOs), national and international, to provide him with relevant reports and information, and
encourages the Government to further strengthen its cooperation with them with regard to the
implementation of his recommendations.