CAT/C/CHN/CO/5
objected to the procuratorate’s conclusion on the cause of the death (arts. 2, 11, 12, 13 and
16).
25.
The State party should provide the information and statistical data referred to
in paragraph 23 of the present document, with a view to assessing its compliance with
its obligations under the Convention. In addition, the State party should take the
necessary measures to ensure that:
(a)
All instances of death in custody, allegations of torture and ill-treatment
and refusal to provide medical treatment are promptly and impartially investigated
by an independent body other than the procuratorial authorities;
(b)
Those found responsible for deaths in custody that result from torture,
ill-treatment or denial of medical treatment are brought to justice and, on conviction,
adequately punished;
(c)
Detained persons have access to adequate medical care, including to a
doctor of their choice.
Solitary confinement and use of restraints
26.
The Committee is concerned that the State party considers solitary confinement as a
“management method” in detention centres, which is applied to all “class 1- major safety
risk” detainees, including detainees at risk of self-harm, suspected of having mental
illnesses and those who “pick quarrels and provoke troubles”. Solitary confinement can also
be imposed in compulsory isolation drug treatment centres when persons undergoing drug
treatment are not “reformed through education��� or do not obey discipline, among many
other grounds. The Committee regrets the lack of relevant statistical data on the use of
solitary confinement in both instances, as well as information on its maximum duration. It
also regrets the lack of information with regard to the regulation and due process rights
concerning the use of restraints. In this regard, the Committee expresses concern at the
State party’s explanation that the use of the so-called “interrogation chair” is justified “as a
protective measure to prevent suspects from escaping, committing self-injury or attacking
personnel”, which is highly improbable during an interrogation (art. 16).
27.
The State party should:
(a)
Limit the use of solitary confinement as a measure of last resort, for as
short a time as possible, under strict supervision and with the possibility of judicial
review, in line with international standards. The State party should establish clear and
specific criteria in its regulations for decisions on solitary confinement, indicating the
conduct, type and maximum duration;
(b)
Prohibit the use of solitary confinement for an indefinite period on
persons with intellectual or psychosocial disabilities, juveniles, pregnant women,
women with infants and breastfeeding mothers in prison;
(c)
Ensure that detainees’ due process rights are respected when subjecting
them to disciplinary actions in general and solitary confinement in particular;
(d)
Avoid the use of restraints as much as possible or apply them, only if
strictly regulated, as a measure of last resort, when less intrusive alternatives for
control have failed and for the shortest possible time. The use of the so-called
“interrogation chairs” during interrogations should be prohibited;
(e)
Compile and regularly publish comprehensive disaggregated data on the
use of solitary confinement and restraints, including related suicide attempts and selfharm.
8