A/HRC/4/33/Add.2 Page 22 120. The Special Rapporteur notes a number of positive developments since he carried out his visit in November 2005. In particular he noted the commitment of the Government to addressing torture as expressed in the remarks of the Deputy Procurator General, Wang Zhenchuan, in November 2006, that suspects’ rights needed to be protected by stopping the use of illegal interrogations involving the use of torture and that nearly every wrongful verdict in recent years is involved in illegal interrogation. The Special Rapporteur further notes that as of January 2007, the restoration of the review of all death sentences by the Supreme People’s Court. Investigation and prosecution of torture 121. Recommendation (a) stated: The crime of torture should be defined as a matter of priority in accordance with article 1 of the Convention against Torture, with penalties commensurate with the gravity of torture. 122. The Government informed that the Supreme People's Procuratorate’s (SPP) Regulations on Case-Filing Standards in Cases of Rights Infringement through Dereliction of Duty of 26 July 2006 specifically set out standards for 42 different crimes in this category. These regulations replace the provisional measures of 1999. They set out more than 220 situations, an increase of more than 60 over the 1999 regulations. Eight types of situations in which cases should be filed for the crime of coercing a confession have been specifically laid out for the first time in a judicial interpretation. According to the regulations, coercing a confession has been defined as “use of corporal or disguised corporal punishment against a criminal suspect or defendant by a judicial employee in order to extract a confession.” A case should be filed under these eight situations: use of beating, bondage, illegal use of weapons, or other methods to extract confessions; prolonged use of cold, hunger, exposure, or scorching to extract confessions in a way that causes serious physical injury to the health of a suspect or a defendant; minor or serious injury or death of a suspect or defendant as a result of a coerced confession; coercive confession under serious circumstances leading a suspect or defendant to commit suicide, or commit self-injury leading to serious injury or death, or insanity; coercive confession resulting in a miscarriage of justice; coercion of confessions on more than three different occasions; allowing, authorizing, instructing, or forcing others to coerce confessions with one of the above results; and other situations involving coercive confessions that should be pursued through criminal prosecution. 123. The regulations also describe seven situations in which cases should be filed for the crime of abusing a detainee. Such a crime covers beating or physical abuse of detainees in prisons, detention facilities, holding cells, labour camps, and Re-education through Labour (RTL) facilities by employees of those facilities. Cases should be filed under the following seven circumstances: use of beating, bondage, illegal use of weapons, or other methods to abuse detainees; prolonged use of cold, hunger, exposure, or scorching to abuse detainees in a way that causes serious physical injury to the health of a detainee; minor or serious injury or death of a detainee as a result of abuse; detainee abuse under serious circumstances leading a detainee to commit suicide, or commit self-injury leading to serious injury or death, or insanity; abuse of a detainee on more than three different occasions; allowing, authorizing, instructing, or forcing others to abuse prisoner detainees with one of the above results; and other serious circumstances. 124. The SPP Regulations also provide a clearer definition of the meaning and scope of the phrase “civil servant/state employee”:

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