Recommendation (E/CN.4/2006/6/Add.6) (v) Any decision regarding deprivation of liberty must be made by a judicial and not administrative organ. RTL and other forms of forced re-education in administrative detention were based solely on administrative regulations and decisions without judicial control over the deprivation of liberty. Steps taken in previous years (See A/HRC/4/33/Add.2 and A/HRC/7/3/Add.2) Information received on steps taken since December 2007/current situation of the RTL system, which reportedly is before the National People’s Congress, will be promulgated. Non-governmental sources: Punitive administrative detention and re-education continues to be used to supplement formal criminal sanctions, without judicial oversight and access to a judge. In addition, the increasing use of house arrests and alleged black detention sites take detainees outside both the judicial and administrative oversight mechanisms. A/HRC/10/44/Add.5 page 19 (w) The Special Rapporteur recommends that the Government continue to cooperate with relevant international organizations, including the Office of the United Nations High Commissioner for Human Rights, for assistance in the follow-up to the above recommendations. Situation during visit in 2005 (See E/CN.4/2006/6/Add.6)

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