E/CN.4/2006/6/Add.6
page 39
service or show clear awareness of the damaging nature of their criminal behaviour, detention
facilities may, based on the circumstances, request sentence reductions or reduction of time [for
re-education] on their behalf according to law, or make other appropriate reward. But restrictive
punishment measures are only used on those detainees who violate the administrative regulations
of the detention facility. Third, detention centres do not organize any kind of productive labour.
Aside from a small number of persons already convicted to short sentences who carry out
cooking, cleaning, or other maintenance work, detainees are not required to work. Fourth, since
many detainees are led to a life of crime because they love leisure and hate labour and resort to
illegal means to gain others’ property, in order to cultivate abilities and habits of self-reliance
and prevent problems such as poor mental health because they have nothing to do, prisons and
re-education through labour facilities organize appropriate work. The time and intensity are both
lower than average in society at large, and each month they are paid wages. Detention facilities
also provide occupational and technological training in such skills as computers, tailoring,
sewing, electronics repair, carpentry, cooking, hairstyling, driving, and automobile repair, and
those who pass examinations are given cultural and technological certificates recognized in the
general public. In order further to enforce the law in a civilized manner, China’s Ministry of
Justice Prison Bureau has begun training psychotherapists in the prison system with national
professional accreditation in order to prevent and eliminate torture of prison inmates. At present
nearly 90 per cent of China’s prisons have begun this work and more than 1,000 prison system
psychotherapists have already been trained.”
70
See the Government white paper, “Building of Political Democracy in China”,
22 December 2005: “China holds that the harmonious world should be democratic,
harmonious, just, and tolerant.”
71
Prison officials indicated that the average length of appeal was two months; that this practice
was based on a nation-wide regulation for detention facilities; and that such measures were
necessary for the prisoners’ safety, the security of others, to prevent them from fleeing, and to
prevent suicide.
72
Chinese law provides for the death penalty for a wide range of offences that do not reach the
international standard of “the most serious crimes.” Under 51 different articles of the revised
CL, the death penalty can be applied to more than 60 different crimes, including many economic
and other non-violent crimes. The Report of the Secretary-General on capital punishment and
implementation of the safeguards guaranteeing protection of the rights of those facing the death
penalty, E/2005/3, para. 44, states that China is among those countries that do not publish
statistics on sentences and executions. The Special Rapporteur on Summary, Arbitrary or
Extrajudicial Executions indicated in his 2005 Report to the Commission on Human Rights that
the most important step that China could take at this stage would be to make the details as to the
number of persons executed and crimes for which they are executed publicly available. The
report states, “In a considerable number of countries information concerning the death penalty is
cloaked in secrecy. No statistics are available as to executions, or as to the numbers or identities
of those detained on death row, and little if any information is provided to those who are to be
executed or to their families. Such secrecy is incompatible with human rights standards in
various respects. It undermines many of the safeguards which might operate to prevent errors or
abuses and to ensure fair and just procedures at all stages. It denies the human dignity of those
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