E/CN.4/2006/6/Add.6
page 31
Extended Custody” and launched a national campaign of inspection and clearing-up targeted at
extended custody that rectified extended custody for 7,132 individuals. Presently, the number
of provinces, autonomous regions, and municipalities in which there are no cases of extended
custody anywhere within the litigation system has risen from 14 at the end of 2003 to 29.
Serious cases of extended custody lasting more than three years have been eliminated, and the
number of individuals held beyond time limits in the nation is at a historic low. In order to
consolidate these results of clearing up extended custody, the Supreme People’s Procuratorate
recently established long-acting mechanisms to prevent and rectify extended custody. Courts
nationwide are strictly carrying out a system of weekly reports on clearing up cases of extended
custody and a system of supervision and complaint, and in cases in which the facts are unclear,
evidence is insufficient, or defendants cannot be found guilty they are announcing acquittals
according to law. In 2004, a total of 873 existing and new cases involving 2,432 individuals
were cleared up, and by year end all cases of extended custody were completely cleared up, with
the exception of those cases [extended for] legal reasons. Many media outlets have reported on
this under the headline “Punish the guilty; release the innocent”, creating a strong response from
all circles of society.”
35
Administrative detention includes: Re-education through Labour (laodong jiaoyang);
Custody and Education (shourong jiaoyang); Enforced Drug Rehabilitation (qianzhi jiedu);
Administrative Detention (xingzheng juliu); Work Study Schools (gongdu xuexiao); and
psychiatric incarceration.
36
The major provisions governing the system of RTL include the following: A Decision of the
State Council on the Question of Re-education Through Labor (Guowuyuan guanyu laodong
jiaoyang wenti de jueding) of 1 August 1957; A Supplementary Decision of the State Council
on Re-education Through Labor (Guowuyuan guanyu laodong jiaoyang de fuchong guiding)
of 29 November 1979; A Notice of the State Council on Re-Issuing the Ministry of Public
Security’s Trial Methods for Implementation of Re-education Through Labor (Guowuyuan
guangu zhanfa gonganbu zhiding de laodong jiaoyang shixing banfa de tongzhi) of
21 January 1982; Regulations on Public Security Organs’ Handling of Re-Education
Through Labor Cases (2002).
37
Legislation Law, passed 15 March 2000, effective as of 1 July 2000.
38
See article 3 of the Supplementary Decision of the State Council on Re-education Through
Labor (Guowuyuan guanyu laodong jiaoyang de fuchong guiding) of 29 November 1979.
39
See para 43 of the report of the UN Working Group on Arbitrary Detention on its 1997 visit
to China. UN Doc. E/CN.4/1998/44/Add.2. The Working Group goes on to acknowledge in
paras. 45 and 46 that while the measure of re-education through labour still raises concerns,
important decisions have nevertheless been taken and improvements made … “since the 1996
reform, new guarantees have improved administrative detention and re-education through labour
institution.”
40
See paras 42-53 of the report of the UN Working Group on Arbitrary Detention on its 1997
visit to China. UN Doc. E/CN.4/1998/44/Add.2.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents