E/CN.4/2006/6/Add.6 page 28 17 Entered into force in 1997. 18 SPC, SPP, MPS, MSS, MOJ, and NPC Standing Committee Legal Affairs Working Committee: Joint Rules Concerning Several Issues Encountered in the Implementation of the CPL, issued on 19 January 1998. 19 When a suspected accomplice may be alerted to flee or hide, or to destroy or falsify evidence; when the suspect refuses to reveal his true name, address or identity; or when notification would impede investigation or when notification is not feasible. In any case, pursuant to Rule 108, the reason for any failure to notify within 24 hours must be specified in the detention notification. Rule 125 contains a similar clause with respect to notification of arrest. 20 Article 96 of the CPL provides that “after the criminal suspect is interrogated by an investigation organ for the first time or from the day on which compulsory measures are adopted against him, he may appoint a lawyer to provide him with legal advice and to file petitions and complaints on his behalf. If the criminal suspect is arrested, the appointed lawyer may apply on his behalf for obtaining a guarantor pending trial. If a case involves State secrets, the criminal suspect shall have to obtain the approval of the investigation organ for appointing a lawyer. The appointed lawyer shall have the right to find out from the investigation organ about the crime suspected of, and may meet with the criminal suspect in custody to enquire about the case. When the lawyer meets with the criminal suspect in custody, the investigation organ may, in light of the seriousness of the crime and where it deems it necessary, send its people to be present at the meeting. If a case involves State secrets, before the lawyer meets with the criminal suspect, he shall have to obtain the approval of the investigation organ”. This provision constitutes an important improvement upon the 1979 Criminal Code which allowed lawyers to be involved in a process only after the cases were brought before the courts and provided them with seven-day advance notice for the preparation of the defence. In addition, pursuant to articles 36, 156 and 180 of the revised CPL, lawyers can collect evidence, including evidence gathered by the prosecutors, they can meet with their clients and communicate with them and they can defend their clients in court trials, including cross-examining witnesses and appealing on behalf of their clients. 21 Promulgated in 1996 and took effect at the same time as the CPL. 22 See supra note 16. 23 Rules 36, 39, 43 and 44 also refer to the “participation of lawyers in criminal proceedings”. See CAT/C/39/Add.2, para. 74. 24 Issued by the Ministry of Public Security on 17 October 1989. See article 2(c)-11. 25 UN Working Group on Arbitrary Detention, Report of the UN Working Group on Arbitrary Detention, Mission to China, E/CN.4/2005/6/Add.4, para. 76. 26 It is worrying that, while article 47 of the CPL provides that “the testimony of a witness may be used as a basis in deciding a case only after the witness has been questioned and