CAT/C/CHN/CO/5
torture in the country of destination. It should also support effective post-return
monitoring arrangements in cases of refoulement, including any conducted by
UNHCR.
Death penalty
49.
The Committee welcomes the information that the State party ended the use of the
death penalty for some economic and non-lethal crimes. However, the Committee remains
concerned at the lack of specific data on the application of the death penalty, which
prevents it from verifying whether this new legislation is actually being applied in practice.
The Committee remains equally concerned by reports on the use of shackles for 24 hours a
day and in all circumstances on persons on death row. While the Committee values the
abolition of the practice of removing organs of executed persons without their consent, it
remains concerned at the lack of independent oversight on whether the consent is
effectively given (art. 16).
50.
The Committee encourages the State party to establish a moratorium on
executions and commute all existing death sentences, and to accede to the Second
Optional Protocol to the International Covenant on Civil and Political Rights, aiming
at the abolition of death penalty. In the meantime, the State party should adopt the
necessary measures to:
(a)
Ensure that the death row regime does not amount to cruel, inhuman or
degrading treatment or punishment, by abstaining from automatically imposing
restraints on death row prisoners on the basis of their penalty;
(b)
Ensure in practice that the removal of organs only takes place on the
basis of informed consent and that compensation is provided to the relatives of
convicted persons whose organs were removed without their consent. The State party
should also commission an independent investigation to look into claims that some
Falung Gong practitioners may have been subjected to this practice (see
CAT/C/CHN/CO/4, para. 25).
Use of coercive measures in the implementation of the population policy
51.
The Committee values that the Population and Family Planning Law prohibits the
use of coercive measures for the implementation of the population policy. However, it is
concerned at reports of coerced sterilization and forced abortions, and regrets the lack of
information on the number of investigations into such allegations. The Committee also
regrets the lack of information regarding redress provided to victims of past violations
(arts. 12 and 16).
52.
The State party should:
(a)
Review the legislation, local regulations, policies and practice related to
the population policy to ensure the effective prevention and punishment of coerced
sterilization and forced abortion;
(b)
Ensure that all allegations of coerced sterilization and forced abortion
are impartially investigated, that the persons responsible are held accountable and
that redress is provided to the victims.
Tiananmen Square protests of 1989
53.
The Committee notes the State party’s position that the measures taken by the
Government of China during the military suppression of the Tiananmen Square protests on
3 and 4 June 1989 “were necessary and correct” and that the case has consequently been
“closed”. The Committee is concerned, however, at the State party’s failure to clarify
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