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.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents