e) Those legally arrested
should not be held in
facilities under the control of
their interrogators or
investigators for more than
the time required by law to
obtain a judicial warrant or
pre-trial detention, which
normally should not exceed
a period of 48 hours. After
this period they should be
transferred to a pre-trial
facility under a different
authority, where no further
unsupervised contact with
the interrogators or
investigators is permitted
The CPL gave public security
organs broad discretion to detain
suspects for long periods in
custody without judicial review.
Coercive summoning (Juchuan)
could be extended for up to 48
hours and the period of
examination following formal
arrest (Daibu) and prior to
submitting the case to the Public
Procuratorate for approval could
take up to 7 days, and up to 30
days for suspects of organised
crimes (Art. 69). Detention for
the purpose of criminal
investigation (Juliu) was
generally possible for up to 14
days and could be prolonged for
up to 37 days (Art. 61).
Extensive time periods specified for
summons, formal arrest by the police,
approval of the arrest by the procuratorate
and special arrangements for some
categories of suspects remained in force.
Suspects could still be held legally in
police custody for up to 37 days prior to
approval by the procuratorate.
Non-governmental sources: No steps
have been taken to change the CPL and
stop the practice of excessive periods of
pre-trial detention.
The SPP placed extended detention in
criminal cases within the sphere of
oversight of the people’s supervisors,
which led to a reduction of the use of
extended pre-trial detention.
Non-governmental sources: Pre-trial
detention continued to be applied
excessively and for prolonged periods; in
cases involving State Secrets, detention
could be indefinite. During the pre-trial
phase, suspects remained in detention
centres under the authority of the PSB.
Criminal detainees are held in
detention centres (Juliusuo)
under the jurisdiction of the
Public Security Bureau (PSB).
f) Recourse to pre-trial
detention in the Criminal
Procedures Law should be
restricted, particularly for
non-violent, minor or less
serious offences, and the
application of non-custodial
measures such as bail and
recognizance be increased.
Upon approval by the
procuratorate, suspects could be
held for up to a total of seven
months in investigative
detention by the police (Daibu),
which could be extended by the
procuratorate for up to six and a
half months or, in the case of the
discovery of new crimes,
indefinitely.
g) All detainees should be
China’s domestic legislation did
Government: Under the NHRA, effective
A/HRC/13/39/Add.6
40
Convention. CAT
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