effectively guaranteed the ability to challenge the lawfulness of the detention before an independent court, e.g. through habeas corpus not provide for habeas corpus or any other legal recourse to challenge arrest and pre-trial detention before an independent court. steps shall be taken to guarantee the lawful, timely and impartial trial of all cases. Non-governmental sources: No steps to guarantee prompt judicial review before an independent judicial authority of the lawfulness of the arrest have been taken. The courts are not independent and remain politically controlled. The use of administrative detention at the discretion of the police and without legal procedure, such as house arrest and detention in ‘black sites' remain widespread. The use of black jails was systematically applied against petitioners during the Olympic Games and its preparations. h) Confessions made without the presence of a lawyer and that are not confirmed before a judge should not be admissible as evidence. Video and audio taping of all persons present during proceedings in interrogation rooms should be expanded throughout the country • Article 43 of the CPL prohibited the extortion of confessions by torture or the threat of torture, but not the use of confessions extracted through torture as evidence before courts. 41 • The Government has acknowledged the pervasiveness of torture for the purpose of extracting confession and the SPP announced in 2005 that Non-governmental sources: There is no right to access a lawyer before the initial interrogation. The use of evidence obtained through torture remains admissible and is still being used in judicial proceedings. The police retain full control over the recording and the disposal of the video material which has lead to videotapes in alleged torture cases to go “missing”. A/HRC/13/39/Add.6 • The Supreme People’s Court held in 1999 that evidence and confessions obtained through torture could not form the basis of a criminal charge, however it did not exclude their admissibility in judicial proceedings. Article 96 of the CPL provided for access to a lawyer after initial interrogations. In 2006, the Public Order Administration Punishment Law of the National People’s Congress Standing Committee Article entered into force, which prohibited the use of evidence obtained by torture as the basis of a criminal charge (article 75). The same year the SPP announced the nationwide implementation of audio-video recording of interrogations of criminal suspects in the procuratorates by the end of 2007.

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