n
Immediately suspend and deny export licences for equipment to law enforcement agencies and
security forces where there are credible allegations that those agencies and forces have recently
used such equipment to commit or facilitate serious human rights violations, or where there is
a substantial risk of serious violations of human rights being perpetrated with such equipment.
The suspension should remain until the substantial risk of such violations has been removed,
for example after prompt, independent and impartial investigations into the violations and a
demonstrable commitment by the authorities, for example through prosecution of the perpetrators, legal reforms and revised training and accountability systems, to only use such equipment
in accordance with international standards.
Criminal justice system
Amnesty International and Omega call on the authorities of the Peoples’ Republic of China and those
of all other states to:
n
Bring national legislation into line with the Convention against Torture, the ICCPR and other
relevant international treaties and standards. In relation to the Peoples’ Republic of China, aspects of the Criminal Procedure Law that are not compatible with the ICCPR should be repealed
or amended.
n
End arbitrary arrest and detention as well as the illegal practices of holding detainees in custody
without access to lawyers and their families.
n
End all torture and other ill-treatment, whether physical or mental; thoroughly investigate all allegations of torture and other ill-treatment in custody, including those raised by alleged victims
or their lawyers; and end the impunity of officials who engage in torture and other ill-treatment,
be it directly or through command responsibility, by prosecuting suspected perpetrators in trials
that meet international standards of fairness and without the imposition of the death penalty.
The authorities must also implement the necessary institutional reforms to ensure effective
enforcement of existing laws prohibiting torture; and provide proper reparations to victims in
accordance with international standards.
Law enforcement officers’ conduct with equipment
Amnesty International and Omega call on the authorities of the Peoples’ Republic of China and those
of all other states to:
32
n
Prohibit the abusive and unnecessary use of restraint techniques by law enforcement officials
such as stress positions that pose a danger of asphyxiation, and methods that pose a substantial
risk of unwarranted injury, unnecessary pain, or that constitute torture or other ill-treatment.
n
Establish regulations to cover the deployment of equipment used to contain or disperse crowds
in or near an assembly, where this is strictly necessary to preserve life, security of person,
property or public order and where peaceful measures have failed. Ensure that the selection of
equipment for crowd control is carefully considered beforehand and only deployed when it can
be used proportionately, lawfully and to the minimal extent possible.
n
Prohibit the discharge of ‘less lethal’ projectiles or baton rounds, such as those made purely
from rubber or plastic, unless the projectiles have been rigorously and independently tested to
ensure that they are sufficiently accurate not to cause unwarranted injury, and ensure that their
use is strictly limited to situations of violent disorder posing a risk of harm to persons, where
no less extreme measures are sufficient to achieve the objective of containing and stopping the
violence. Only officers fully trained in the use of firearms and who are subject to effective regulation, monitoring and control should be permitted to discharge such projectiles, which should
be carefully targeted, aimed only at persons directly involved in such violence, and never aimed
at the head, upper body or groin areas. The projectiles should not be intentionally rebounded off
the ground before striking the target. Where possible, clear warnings should be given before discharging such projectiles, and medical care must be promptly made available to anyone injured.
China’s Trade in Tools of Torture and Repression
Amnesty International – Index: ASA 17/042/2014
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