CAT/C/CHN/CO/5
Independent medical examination
16.
While welcoming the information that all the detention centres of the State party
have implemented a system of medical examinations upon entry, the Committee remains
concerned that public security officials in detention centres can verify the health
examination form recorded by doctors, and that doctors must report to the supervisory
department of the public security organ whenever they identify signs of torture. The
Committee is concerned that these arrangements may create a conflict of duties for medical
practitioners and expose them to pressure to supress evidence (art. 2).
17.
The State party should:
(a)
Ensure that detained persons undergo a medical examination at the
detention centre by medical professionals who operate independently of the police and
custodial authorities;
(b)
Ensure that all examinations are conducted out of the hearing and sight
of public security organs;
(c)
Make the records of such examinations accessible to detainees and their
legal representatives;
(d)
Ensure that doctors report signs and allegations of torture or illtreatment confidentially and without fear of reprisals to an independent investigating
authority.
Reported crackdown on defence lawyers and activists
18.
The Committee is deeply concerned about the unprecedented detention and
interrogation of, reportedly, more than 200 lawyers and activists since 9 July 2015. Of
those, 25 remain reportedly under residential surveillance at a designated location and 4 are
allegedly unaccounted for. This reported crackdown on human rights lawyers follows a
series of other reported escalating abuses on lawyers for carrying out their professional
responsibilities, particularly on cases involving government accountability and issues such
as torture and the defence of human rights activists and religious practitioners. Such abuses
include detention on suspicion of broadly defined charges, such as “picking quarrels and
provoking trouble”, and ill-treatment and torture while in detention. Other interferences
with the legal profession have been, reportedly, the refusal of annual re-registration, the
revocation of lawyers’ licences and evictions from courtrooms on questionable grounds, as
in the cases of Wang Quanzhang, Wu Liangshu or Zhang Keke. The Committee expresses
concern at the all-inclusive category of “other conduct that disrupts court order” in various
articles of the Law on Lawyers, the Criminal Procedure Law and in the newly amended
article 309 of the Criminal Law, which in its view is overbroad, undermines the principle of
legal certainty and is open to abusive interpretation and application. The Committee is
concerned that the above-mentioned abuses and restrictions may deter lawyers from raising
reports of torture in their clients’ defence for fear of reprisals, weakening the safeguards of
the rule of law that are necessary for the effective protection against torture (art. 2).
19.
The State party should stop sanctioning lawyers for actions taken in
accordance with recognized professional duties, such as legitimately advising or
representing any client or client’s cause or challenging procedural violations in court,
which should be made possible without fear of prosecution under national security
laws, or being accused of disrupting the court order (see Basic Principles on the Role
of Lawyers, para. 16). The State party should also:
(a)
Ensure the prompt, thorough and impartial investigation of all the
human rights violations perpetrated against lawyers, that those responsible are tried
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