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.
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