E/CN.4/2006/6/Add.6
page 22
79.
The criminal justice system and its strong focus on admission of culpability,
confessions and re-education is particularly disturbing in relation to political crimes, such as
“counter-revolutionary crimes” before the 1997 CL reform, or crimes “endangering national
security” thereafter. In addition, persons with politically deviant or dissident behaviour are often
subjected to Re-education through Labour and other administrative detention for up to four years
for having disturbed the social order.
80.
Many prisoners serving sentences for political crimes and detainees subjected to RTL
claimed that the disproportionate, discriminatory and unjust deprivation of liberty, together with
the forced re-education, caused more severe pain or suffering than the physical torture during
police interrogation.
81.
In the opinion of the Special Rapporteur, the combination of deprivation of liberty as a
sanction for the peaceful exercise of freedom of expression, assembly and religion, with
measures of re-education through coercion, humiliation and punishment aimed at admission of
culpability and altering the personality of detainees up to the point of even breaking their will,
strike at the very core of the human right to personal integrity, dignity and humanity. It
constitutes a form of inhuman and degrading treatment or punishment leading to submissiveness
and a “culture of fear”, which is incompatible with the core values of any democratic society
based upon a culture of human rights.
Recommendations
82.
On the basis of his conclusions, the Special Rapporteur puts forward a number of
recommendations and expresses his hope that the Government will take them into account
in the context of ongoing reform efforts aimed at the eradication of torture and
ill-treatment.
Investigation and prosecution of torture
(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.
(b)
All allegations of torture and ill-treatment should be promptly and
thoroughly investigated by an independent authority with no connection to the authority
investigating or prosecuting the case against the alleged victim.
(c)
Any public official indicted for abuse or torture, including prosecutors and
judges implicated in colluding in torture or ignoring evidence, should be immediately
suspended from duty pending trial, and prosecuted.
(d)
The declaration should be made with respect to article 22 of CAT
recognizing the competence of the Committee against Torture to receive and consider
communications from individuals who claim to be victims of a violation of the provisions of
the Convention.
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