the police and prisons and
exercise oversight functions. In
his dual function of prosecution
and monitoring the SPP is not
an independent authority, as its
primary interest is vested in
convicting suspects as charged.
data about enforcement efforts and
increased transparency in the criminal
justice system.
In most cases no effective investigations
were conducted in torture cases
documented by human rights
organizations. If investigations were
initiated, they failed to meet the
requirements of promptness, effectiveness
and impartiality.
The police, procuratorate and courts are
not independent and remain under the
supervision of the Chinese Communist
Party, including through “Politics and
Law Commissions”.
The Public Security Organs'
Regulations on Pursuing
Responsibility for Policemen’s
Errors in Implementing the Law
and other regulations stipulated
that “responsibility for ‘errors’,
including forcing confessions or
testimony will not be pursued
where the law is unclear or
judicial interpretations
inconsistent” and allowed for a
number of exceptions.
d) The declaration should be
made with respect to article
22 of CAT recognizing the
competence of the
Committee against Torture to
receive and consider
communications from
individuals who claim to be
victims of a violation of the
provisions of the
No declaration made to
recognize individual complaint
procedure.
Non-governmental sources: Perpetrators
of torture are rarely suspended, indicted
or held legally accountable.
A/HRC/13/39/Add.6
39
c) Any public official
indicted for abuse of
torture, including
prosecutors and judges
implicated in colluding in
torture or ignoring evidence,
should be immediately
suspended from duty
pending trial, and
prosecuted.
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