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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