E/CN.4/2006/6/Add.6
page 44
II. Beijing No. 2 Municipal Detention Centre (Visited on 23 November 2005)
8.
The authorities initially brought the Special Rapporteur to a cell of nine newly arrived
detainees. They sat rigidly with newspapers and booklets in their hands, reportedly studying for
an exam, not even flinching when the Special Rapporteur approached them. The same situation
of strict discipline, fear and obedience was apparent in other cells where the pretrial detainees
were held. Only one detainee was willing to speak, after lengthy reassurances (see below).
The Special Rapporteur then visited the section of the Beijing No. 2 Municipal Detention Centre
which holds prisoners sentenced to death at first instance and awaiting appeal. There were
approximately 50 death row prisoners held in 12 cells, containing between 7 to 12 prisoners.
Prisoners sentenced to death were handcuffed, as well as shackled with leg-irons weighing
approximately 3kg for 24hrs per day, including during toilet visits and bathing. This practice is
reportedly based on a nation-wide regulation for detention facilities and officials indicated this
was for their own security, to prevent prisoners from committing suicide, and for the security of
others. Among the death row prisoners in each cell, there were pretrial detainees who assisted
the others. The Special Rapporteur noted the presence of a stainless steel restraint chair which
was fixed to the floor and had a steel belt which could be swung across the prisoner’s
mid-section and fixed to the other side of the chair. These chairs were used in interrogation
rooms which separated interrogators from suspects with iron bars, and in “education” rooms,
where prisoners were restrained while being educated about how to rebuild their lives. The
Special Rapporteur observed in one room a prisoner, who was sentenced to death, handcuffed
and shackled, restrained in the chair during a discussion with two officers about his treatment in
the facility. He spoke to another death row prisoner who requested absolute confidentiality.
The Special Rapporteur is of the opinion that the continuous handcuffing and shackling of
death row prisoners constitutes an imposition of additional punishment without
justification, leading to severe suffering, and amounting to torture, as defined by article 1
CAT. The Special Rapporteur recommends that this practice be abolished.
9.
He Zcheng Xiong, aged 19, Qio Xian village, Yudai town, Daxing district.
On 20 July 2005, he was detained by police at his home in connection with an altercation with a
rival gang. He was handcuffed and brought by car to the Daxing District Public Security
Bureau. He was brought to the Beijing No.2 Municipal Detention Centre in August, and
indicated that he was never ill-treated by the police. He stated that he confessed on the first day
he was interrogated, yet remains in custody due to complications of his case. He cannot
communicate with his family, except through his lawyer, who has fully informed them about his
situation. When questioned by the Special Rapporteur why he and his nine cell mates were
sitting rigidly in a row staring at a newspaper unflinchingly when he entered the cell, He
Zcheng Xiong stated that it was customary to concentrate when studying. In the three months he
was held in the 4 x 8 m cell, he indicated that there were no incidents between prisoners due to
the harmonious relations they had with each other. Discipline consisted of discussions with
guards on how to improve their lives. Upon arrival at the facility he was examined by a doctor,
and inspected daily.
III. Beijing Municipal Women’s Re-education Through Labour (RTL) Facility (Visited on
24 November 2005)
10.
The Special Rapporteur observed that the general conditions of the facility seemed
satisfactory. However, he is deeply concerned by the prolonged periods for which detainees are
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