treatment in some cases, particularly when the enforcement of such a sentence
remained pending for a long period. It was also asked whether the bodies of
persons executed could be used for the purpose of organ transplants.
406. Lastly, the members of the Committee asked whether the Government of China
was planning to recognize the Committee’s competence under articles 21 and 22 of
the Convention and to withdraw its reservation on article 20 of the Convention.
407. In reply to the questions raised, the representative of the State party
said that, in conformity with article 126 of the Constitution, the courts
exercised their functions without any interference by administrative organs,
social groups or individuals. The Chinese judicial system was based on the
responsibility of the courts to the People’s Congress, but those courts handed
down their decisions in complete freedom. Judges and the Procurator General
were elected by the People’s National Congress, which could revoke their
appointment. The independence of the courts with regard to social groups was
guaranteed and the Communist Party did not intervene at all in decisions of the
courts.
408. With reference to articles 1 and 4 of the Convention, the representative of
the State party said that chapters IV and VII of the Penal Code contained
specific provisions guaranteeing the protection of individuals against any
violation of their rights. The definition given in article 136 of the Penal
Code corresponded to that contained in article 1 of the Convention.
409. Responding to questions raised in connection with article 2, paragraph 3,
of the Convention, the representative of the State party explained that superior
orders could not be invoked to excuse offences involving torture, and
administrative and criminal procedures were available in such cases.
410. With regard to articles 8 and 9 of the Convention, the representative of
the State party explained that China was currently drafting legislation on the
question of extradition and had signed bilateral agreements with a number of
countries on reciprocal arrangements in commercial and judicial matters,
including extradition. Any extradition order had to comply with the basic
principles of international law, including the provisions of the Convention, and
if not extradited, a citizen of another State would be tried under provision of
China’s Penal Code.
411. Referring to article 10 of the Convention, the representative of the State
party stressed that the Government of China attached great importance to the
training of judicial personnel with regard not only to domestic legislation, but
also to the international conventions to which China was a party, in particular
the Convention against Torture. No special legal training was given to medical
staff or armed forces personnel, who nevertheless benefited from the measures
taken as part of the national legal training and awareness campaign.
412. With regard to article 11 of the Convention, the representative of the
State party said that, in 1993, there were 684 reform-through-labour centres,
155 prisons, 492 rehabilitation centres and 37 social reintegration centres for
juvenile offenders. The total prison population was some 1,209,945, i.e., about
1 prisoner per 1,000 inhabitants. Solitary confinement applied only to certain
prisoners who had committed serious violations of prison regulations and must
not exceed 15 days. Prisoners subjected to such a regime were entitled to the
same standards of hygiene and living as other inmates and were given support in
order to help them reform.
413. Reform through education and labour in China was carried out in accordance
with an Act approved by the People’s National Congress in 1957. It was intended
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