“hooliganism” in 1997 with
vaguely defined crimes in the
CL left their application open to
abuse, particularly against the
peaceful exercise of the
fundamental freedoms of
religion, speech and assembly.
the abolition of political crimes. Many
people are still detained and sentenced for
crimes such as “endangering state
security” (ESS). The specific targeting of
human rights lawyers has increased (see
supra, recommendation j). In addition,
political prisoners face discrimination in
the sentence reduction and parole process.
While a 1997 notice by the SPC prescribes
to handle their cases “strictly”, notices
issued by municipal and provincial high
courts have shown to prohibit parole for
ESS prisoners. According to an analysis of
Government information released in its
human rights dialogues, the rate of
sentence reduction for ESS prisoners is
roughly 50 percent lower than for other
prisoners.
t) All persons who have been
sentenced for the peaceful
exercise of freedom of
speech, assembly,
association and religion, on
the basis of vaguely defined
political crimes, both before
and after the 1997 reform of
the CL, should be released.
Despite the revision of the CL in
1997, political dissidents
sentenced before 1997
continued to serve long prison
sentences for “hooliganism” and
other non-violent offences After
the 1997 changes, political
dissidents, journalists, writers,
lawyers, human rights
defenders, Falun gong
practitioners and members of
the Tibetan and Uighur ethnic,
linguistic and religious
minorities continued to be
prosecuted for peacefully
exercising their human rights on
the basis of vaguely defined
crimes and sentenced to long
prison terms.
Non-governmental sources: No steps
have been taken to release prisoners
sentenced for the non-violent exercise of
their rights.
u) “Re-education through
RTL and other forms of
Non-governmental sources: The
A/HRC/13/39/Add.6
46
enforcement and prosecution
authorities such as
“endangering national
security”, “subverting State
power”, “undermining the
unity of the country”,
“supplying of State secrets to
individuals abroad” etc.
should be abolished
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