CAT/C/CHN/CO/5
(d)
Hold police accountable for withholding, deleting or manipulating
records of interrogations and for breaching the lawyer-client privilege;
(e)
Establish an independent and effective auditing system of the recordings
with no institutional or hierarchical links with the investigators.
Detention and prosecution based on broadly defined offences
36.
While noting the delegation’s statement that “government acts of intimidation
and reprisals against citizens do not exist in China”, the Committee remains
concerned at consistent reports that human rights defenders and lawyers, petitioners,
political dissidents and members of religious or ethnic minori ties continue to be
charged, or threatened to be charged, with broadly defined offences as a form of
intimidation. Such offences reportedly include “picking quarrels and provoking
troubles”, “gathering a crowd to disturb social order” or more severe crimes against
national security. In this respect, the Committee expresses particular concern at the
broadly defined crimes grouped under the categories of “endangering national
security” and “terrorism” in the Criminal Law and in the 2015 National Security
Law, whose scope is further expanded in the definition provided in article 374 of the
“Ministry of Public Security Provision on Procedures for Handling Criminal Cases”.
In view of the above, the Committee regrets the State party’s failure to clarify the
criteria used to qualify these crimes, in spite of the questions raised by the
Committee (arts. 2 and 16).
37.
The State party should:
(a)
Take the necessary legislative or other measures to adopt a more
precise definition of terrorist acts and acts endangering national security, and
ensure that all counter-terrorism and national security legislation, policies and
practices are in full compliance with the Convention;
(b)
Refrain from prosecuting human rights defenders, lawyers, petitioners and
others for their legitimate activities for broadly defined offences.
Obstacles to the cooperation of civil society organizations with the Committee
38.
The Committee is concerned at allegations that seven human rights defenders,
who were planning to cooperate with the Committee in connection with the
consideration of the fifth periodic report of the State party, were prevented from
travelling or were detained on the grounds that their participation could “endanger
national security”.
39.
The Committee calls the State party to investigate the above-mentioned
cases and report back to the Committee.
Investigation of alleged crimes against ethnic minorities
40.
Notwithstanding the delegation’s statement that “the allegations of unfair or
cruel treatment to suspects or criminals from ethnic minority groups are groundless”,
the Committee has received numerous reports from credible sources that document
in detail cases of torture, deaths in custody, arbitrary detention and disappearances of
Tibetans. In addition, allegations have been received about acts directed against
Uyghurs and Mongolians. In view of this information, the Committee remains
seriously concerned at the State party’s failure to provide information on 24 out of
the 26 Tibetan cases mentioned in the list of issues (CAT/C/CHN/Q/5/Add.1, para.
27), despite the questions posed by the Committee during the dialogue (arts. 2, 11,
12 and 16).
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