Labour” and similar forms of
forced re-education in
prisons, pre-trial detention
centres and psychiatric
hospitals should be
abolished.
administrative detention had
been used for many years
against political groups, Falun
Gong practitioners and human
rights defenders, accused of
politically deviant and dissident
behaviour, disturbance of the
social order or similar petty
offences. Some of these
measures of re-education
through coercion, humiliation
and punishment were aimed at
altering the personality of
detainees up to the point of
breaking their will.
discussions on RTL in the National
People’s Congress have not yielded
official results. However, the available
statistical data suggest that the use of RTL
is declining, partly due to the sending of
drug-related offenders to “coercive
quarantine for drug rehabilitation
(CQDR)”, a new form of administrative
detention for drug addicts initiated under
the new Drug Prohibition Law (effective 1
June 2008). Concerns over the treatment
of drug users and persons with HIV/AIDS
in administrative detention have been
raised.
v) Any decision regarding
deprivation of liberty must
be made by a judicial and not
administrative organ.
RTL and other forms of forced
re-education in administrative
detention were solely based on
administrative regulations and
decisions without judicial
control over the deprivation of
liberty.
Non-governmental sources: Punitive
administrative detention and RTL continue
to be used to supplement formal criminal
sanctions, without judicial oversight or
access to a judge. In addition, the
increasing use of house arrests and
alleged black detention sites places
detainees outside both the judicial and
administrative oversight mechanisms.
47
A/HRC/13/39/Add.6
w) The Special Rapporteur
recommends that the
Government continue to
cooperate with relevant
international organizations,
including the Office of the
United Nations High
Commissioner for Human
Rights, for assistance in the
follow-up to the above
recommendations.
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