A/HRC/4/33/Add.2
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132.
On 1 September 2006, SPP placed extended detention in criminal cases within the
sphere of oversight of people’s supervisors, in order to further construct a system to prevent and
redress extended detention. The trial people’s supervisory system begun in 2003 has shown great
results, with 20,848 people’s supervisors from all walks of society overseeing more than 10,000
cases of criminal behaviour by civil servants investigated by the procuratorate. Of these, there
were more than 400 cases in which supervisors issued recommendations for handling the cases
that differed from the procuratoraterecommendations that were eventually accepted for use.
133.
The Government informed that, since last year, not only have new cases of extended
detention dropped but the number of provinces in which there are no cases of extended detention
have been increasing and the number of reported cases of extended detention have been
dropping. SPP has drafted regulations aimed at redressing cases of extended detention, currently
in consultation with SPC and the Ministry of Public Security (MPS), expect regulations will
appear within the year.
134.
Recommendation (g) stated: All detainees should be effectively guaranteed the
ability to challenge the lawfulness of the detention before an independent court, e.g.
through habeas corpus proceedings.
135.
Recommendation (h) stated: Confessions made without the presence of a lawyer and
that are not confirmed before a judge should not be admissible as evidence. Video and
audio taping of all persons present during proceedings in interrogation rooms should be
expanded throughout the country.
136.
The Government informed that the Supreme People's Procuratorate announced that
from 1 March 2006, it would be gradually implementing a system of simultaneous audio-video
recording of interrogations of criminal suspects. Estimated to be in use by procuratorates
nationwide by 1 October 2007. The Ministry of Public Security has set full audio-video
recording as a future goal. In Beijing Shanghai, Zhejiang, Guangdong, and Jiangsu, more and
more public security bureaus have implemented simultaneous audio-video recording of
interrogation of suspects in homicide cases.
137.
The Government informed that from 1 July 2006, all appellate trials in death penalty
cases will be heard in court hearings and there will be a gradual implementation of full audiovisual recording of the proceedings in order to safeguard the fairness of the court proceedings.
138.
Recommendation (i) stated: Judges and prosecutors should routinely inquire of
persons brought from police custody how they have been treated and in any case of doubt
(and even in the absence of a formal complaint from the defendant), order an independent
medical examination.
139.
Recommendation (j) stated: The reform of the CPL should conform to fair trial
provisions, as guaranteed in article 14 of the International Covenant on Civil and Political
Rights (ICCPR), including the following: the right to remain silent and the privilege
against self incrimination; the effective exclusion of evidence extracted through torture; the
presumption of innocence; timely notice of reasons for detention or arrest; prompt external
review of detention or arrest; timely access to counsel; adequate time and facilities to
prepare a defence; appearance and cross examination of witnesses; and ensuring the
independence and impartiality of the judiciary.
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