Situation in during visit in
2005
(See E/CN.4/2006/6/Add.6)
a) The crime of torture
should be defined as a
matter of priority in
accordance with article 1 of
the Convention against
Torture, with penalties
commensurate with the
gravity of torture.
No explicit definition of torture
in domestic legislation; the
existing legislation relevant to
the prohibition and
criminalization of torture did not
satisfy the requirements of
articles 1 and 4 of CAT; in
particular, it lacked the
following elements:
• mental torture;
• the direct or indirect
involvement of a public official
or another person acting in an
official capacity; and
• Infliction of the act for a
specific purpose.
The penalization of acts of
torture was stipulated in articles
247 and 248 of the Criminal
Law (CL), however a number of
other regulations permit
exceptions (see infra Rec c)).
b) All allegations of torture
and ill-treatment should be
promptly investigated by
an independent authority
with no connection to the
authority investigating or
prosecuting the case against
the alleged victim.
According to Article 18 of the
Criminal Procedure Law (CPL),
the Supreme People’s
Procuratorate (SPP) is the
mechanism responsible for
investigating and prosecuting
crimes committed by State
functionaries. The Procurators
are also mandated to monitor
Steps taken in previous years
Information received in the reporting
(See A/HRC/4/33/Add.2,
A/HRC/7/3/Add.2 and
A/HRC/10/44/Add.5)
period
In 2006, the Ministry of Justice issued
regulations prohibiting torture and illtreatment by specific categories of public
officials, such as “Six prohibitions for
prison guards”, “Six prohibitions for Reeducation Through Labour” (RTL) etc.
Non-governmental sources: Despite the
introduction of new categories of offences
relating to torture by the Supreme
People’s Procuratorate (SPP), the
definition of torture and the prohibition
and criminalization of torture in Chinese
law do not satisfy the requirements of
Articles 1 and 4 of CAT. By including only
a list of situations amounting to torture
and ill-treatment, other torture methods
risk to fall outside the law. In practice, the
punishment against perpetrators of torture
is very light in comparison to the gravity
of the crime. It is still common that
perpetrators of torture escape criminal
punishment or any punishment at all.
In the Regulations on Case-Filing
Standards in Cases of Rights Infringement
through Dereliction of Duty, the Supreme
People’s Procuratorate (SPP) lists several
acts amounting to the crime of coercing a
confession, such as beatings, binding,
prolonged use of cold, hunger, exposure or
scorching to abuse detainees, severely
injuring suspects or leading a suspect to
commit serious self-injury or directly or
indirectly ordering others to use torture for
the purpose of extracting a confession.
Government: The National Human Right
Action Plan 2009-2010 (NHRA) foresees
the establishment and improvement of
supervisory mechanisms for law
enforcement and administration of justice
by establishing responsibility and
accountability systems.
Non-governmental sources: The
Government rejects the release of concrete
A/HRC/13/39/Add.6
38
Recommendation
(E/CN.4/2006/6/Add.6)
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