of civil rights by any State organ
or functionary, but it contained
an exception clause for criminal
cases where confessions were
“intentionally fabricated” or
other “evidence of guilt” was
falsified.
Non-governmental sources: Most victims
of torture have not received any
compensation or only small amounts.
p) Death row prisoners
should not be subjected to
additional punishment such
as being handcuffed and
shackled
At the Beijing Municipality
Detention Centre, death row
prisoners awaiting appeal were
handcuffed and shackled with
leg irons for 24 hours a day and
in all circumstances.
Non-governmental sources: Death row
prisoners were denied final farewell visits
by their families.
q) The restoration of
Supreme People’s Court
(SPC) review for all death
sentences should be utilized
as an opportunity to publish
national statistics on the
application of the death
penalty
The SPC restored its power of
review in October 2005.
Plans to implement the full audio-visual
recording of appellate court proceedings in
death penalty cases were announced. In
2007, the SPC resumed review of death
penalty sentences as of Jan 2007. Semiofficial accounts estimated a drop in the
number of executions by 30% in 2007
compared to 2006 as a result of a
reduction in death sentences passed by
lower courts and an average of approx.
15% of overturned death sentences by the
SPC.
Non-governmental sources: China
continues to refuse to release national
statistics on the application of the death
penalty classifying such information as
“state secrets”. It is estimated that there
have been more than 5,000 executions in
2008. Other observers estimate that death
sentences were reduced by half since the
review was returned to the SPC. In the
lack of public statistics, it is impossible to
verify the accuracy of such numbers. The
appeal process in death penalty cases
remains closed to outside observers.
r) The scope of the death
penalty should be reduced,
e.g. by abolishing it for
economic and non-violent
crimes.
Chinese law provided for the
death penalty in relation to a
wide range of offences that did
not reach the international
standard of “most serious
crimes”; among the more than
60 capital offences, there were
many economic and other nonviolent crimes.
The SPC was reportedly working on a
judicial interpretation of “the most serious
and vile” crimes, for which the death
penalty should be applied exclusively.
Non-governmental sources: The number
of capital offences remains the same. The
Government still executes persons for nonviolent, political crimes and there are no
indications that it may change the
practice.
s) Political crimes that leave
large discretion to law
The replacement of the crimes
“counter-revolution” and
Non-governmental sources: The
Government has taken no steps towards
A/HRC/13/39/Add.6
45
of the physical and mental
harm suffered, and adequate
medical treatment and
rehabilitation
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