before procurators had fallen from 472 in 1990 to 407 in 1991, a reduction of 13.5 per cent, and then to 339 in 1992, a drop of 16.7 per cent. 390. With regard to certain questions raised during the consideration of the initial report of China, the representative of the State party explained the place of Tibet in the constitutional structure of China. He recalled that Tibet was an integral part of Chinese territory and that the political and judicial system of the People’s Republic applied equally to Tibet. Its population enjoyed the same political rights as other Chinese populations. 391. The members of the Committee welcomed the additional report of China, which endeavoured to provide the clarifications requested by the Committee following its consideration of the initial report and said that the presence of a high-level delegation was proof of the desire of the Government of China to cooperate with the Committee. 392. With regard to the constitutional and legal framework for the implementation of the Convention, the members of the Committee asked how the monitoring of the People’s Supreme Court by the Standing Committee of the People’s National Congress could be reconciled with the principle of the independence of the judiciary; how the judges and procurators of the People’s Supreme Court were appointed and dismissed; whether the Chinese Communist Party was subject to non-interference in cases heard by the people’s courts; whether the training given to judicial personnel and doctors related to the Convention; and, in general, what measures had been taken to prevent acts of torture from being committed. 393. The members of the Committee, referring to the assurances given by the Chinese delegation during the consideration of the initial report, asked what the outcome of inquiries conducted into alleged cases of torture in Tibet had been. They also referred to the report of the Special Rapporteur of the Commission on Human Rights to examine questions relevant to torture (E/CN.4/1993/26) generally deploring the use of torture and other cruel, inhuman or degrading treatment or punishment in China. They drew attention to information received from many non-governmental sources alleging repeated violations of human rights in Tibet, the systematic use of force against peaceful demonstrations in Tibet and acts of religious and racial discrimination against the population in general, and asked what the position of the authorities was in that regard. 394. On the subject of article 1 of the Convention as read in conjunction with article 4, the members of the Committee requested clarifications about the incorporation of the definition of torture into Chinese domestic legislation. 395. The members of the Committee asked how article 2, paragraph 3, of the Convention, according to which an order from a superior officer or a public authority may not be invoked as a justification of torture, was applied. In particular, they asked whether the rule stemmed from an administrative decision, whether it covered all forms of torture and whether it also applied to military personnel. 396. With reference to article 3 of the Convention, the members of the Committee wished to know whether an arrested person could be extradited to a country where he would be in danger of the death penalty and, if not, whether there were provisions in Chinese legislation which enabled the person concerned to be brought before the competent national courts. -63-

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