CAT/C/CHN/CO/5 party once again to consider including a comprehensive definition of torture in its legislation that is in full conformity with the Convention and covers all the elements contained in article 1, including the purpose of discrimination. The State party should ensure that all public officials and any other person acting in an official capacity or with the consent or acquiescence of a public official can be prosecuted for torture. The Committee draws the State party’s attention to paragraph 9 of its general comment No. 2 (2007) on the implementation of article 2 by State parties, in which it is noted that serious discrepancies between the definition in the Convention and that incorporated into domestic law create actual or potential loopholes for impunity. Prolonged pretrial detention 10. The Committee remains concerned that the State party has not taken any steps to shorten the 30-day maximum legal period during which detainees can be held in police custody and the additional seven days before the procuratorate, who is responsible for supervising detention, approves their arrest. While taking note of the State party’s information that procuratorial authorities disapproved the arrest of 406 persons in 2014, the Committee remains concerned that the excessive period of time during which public security officials may detain persons without independent supervision may increase the risk of detainees being ill-treated or even tortured. The Committee expresses concern over reports that public security officials routinely use the exceptional power of extending the detention period to up to 30 days, and even beyond the legally permitted lengths of time. The Committee notes with concern that the detention of a person in a criminal investigation or prosecution is not brought under judicial control until the case is ready for trial (art. 2). 11. The Committee calls on the State party to: (a) Reduce the 37-day maximum period of police custody and ensure, in law and in practice, that detained persons are promptly brought before a judge within a time limit in accordance with international standards, which should not exceed 48 hours; (b) Ensure that all detainees are either formally charged and remanded by a court pending trial or released; (c) Guarantee the right of detainees, any time during the detention, to challenge the legality or necessity of their detention before a judge who can order their immediate release; (d) Encourage the application of non-custodial measures as an alternative to pretrial detention. Restrictions to the rights to access a lawyer and to give notification of custody 12. While appreciating the 2012 amendment to the Criminal Procedure Law, which, inter alia, stipulates that a defence lawyer may meet with a suspect within 48 hours at the latest from the moment of the request, the Committee regrets that the Law does not guarantee the right of the detained person to meet with a lawyer from the very outset of the detention. The Committee is also concerned that in cases of “endangering State security”, “terrorism” or serious “bribery”, the lawyer must obtain permission from public security investigators to meet with the suspect, and investigators may legally withhold permission for an indefinite period of time if they believe that the meeting could hinder the investigation or could result in the disclosure of State secrets. Public security investigators may also refuse the notification of the detention to family members in the same type of cases if it is considered that the notification may impede their investigation. Notwithstanding that detainees may challenge the decision of whether or not their cases concern State secrets before the national or provincial authorities for confidential affairs, 3

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