E/CN.4/2006/6/Add.6
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down on officials who abuse their powers. The SPP announced in 2005 that eliminating
interrogation through torture was a priority of its work agenda and has instructed procurators that
confessions obtained as a result of torture cannot form a basis for the formal approval of arrests
and that prosecutors must work to eliminate illegally obtained evidence.56
49.
In addition to initiatives at the central level, several promising initiatives have been taken
in several parts of the country. The Zhejiang provincial Public Security Department issued
regulations on forced confessions stating that local police chiefs will be expected to resign in
any district where there are more than two cases of forced confessions resulting in injuries,
miscarriages of justice or public order problems. In mid-April 2005, Sichuan law enforcement
and judicial authorities issued a joint opinion prohibiting the use of illegally obtained evidence,
and requiring courts to exclude coerced statements and confessions if police cannot provide a
rational explanation of the alleged coercion or refuse to investigate allegations of abuse.
Following the Special Rapporteur’s December 2005 visit, he learned that the Hebei provincial
procuratorate, high court, and public security bureau issued a joint opinion prohibiting the use
of torture to obtain evidence against a criminal suspect.57 As well, the Hubei provincial
procuratorate, high court, justice department, public security bureau and State security bureau
together issued regulations on criminal evidence, including the prohibition of the use of
testimonies acquired through torture.
50.
Practical measures to combat torture have included piloting systems of audio and video
recording in interrogation rooms,58 strengthening representation during the investigative and
pretrial phase of the criminal process by placing lawyers on a 24-hour basis in pilot police
stations, designing interrogation rooms which separate suspects from interrogators, and placing
resident procurators in places of detention and near public security bureaux to supervise law
enforcement personnel.
51.
The Special Rapporteur also observes positive developments at the legislative level,
including the planned reform of several laws relevant to the criminal procedure, which he hopes
will bring Chinese legislation into greater conformity with international norms, particularly the
fair trial standards contained in the International Covenant on Civil and Political Rights (ICCPR)
which China signed in 1998 and is preparing to ratify. He also welcomes the resumption by the
Supreme People’s Court (SPC) of its authority to review all death penalty cases,59 particularly
given the fact that the quality of the judiciary increases as one ascends the hierarchy. The
Special Rapporteur suggests that China might use the opportunity of this important event to
increase transparency regarding the number of death sentences in the country, as well as to
consider legislation that would allow direct petitioning to the SPC in cases where individuals do
not feel that they were provided with adequate relief by lower courts in cases involving the use
of torture, access to counsel, etc.
Effectiveness of efforts to combat torture
52.
The Special Rapporteur notes that China was among the first States to ratify the
Convention against Torture (CAT) in 1988, which requires States parties to take measures for the
prevention of torture and to punish every act of torture with appropriately serious penalties.
Although Chinese law prohibits gathering evidence through torture and provides for punishment
of those guilty of torture, the Chinese definition of torture does not fully correspond to the
international standard contained in article 1 of CAT. In particular, physical or psychological
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