E/CN.4/2006/6/Add.6 page 7 II. LEGAL AND ORGANIZATIONAL FRAMEWORK International level 13. China is a party to five of the seven major international human rights treaties.3 Of these, the following expressly prohibit torture and ill-treatment: the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) and the Convention on the Rights of the Child (CRC). The competence of the Committee against Torture to receive individual complaints has not been recognized by China under article 22 of CAT. Further, China has declared that it does not consider itself bound by articles 20 and 30, paragraph 1, of CAT. China has signed and is preparing to ratify the International Covenant on Civil and Political Rights (ICCPR). National level Constitutional amendment on human rights 14. On 14 March 2004, the National People’s Congress (NPC) amended the Constitution to add the provision, “The State respects and safeguards human rights”, providing for the first time in its history a constitutional protection of human rights.4 The Special Rapporteur was informed that, as a consequence of this decision, the Criminal Law (CL), the Criminal Procedure Law (CPL) and the framework governing administrative detention are under consideration by the NPC Standing Committee in order to bring them into line with the new provisions of the Constitution.5 Definition and prohibition of torture 15. While there is no explicit definition of torture in Chinese domestic legislation, basic elements of the definition of torture under CAT are reflected in several provisions of the Criminal Law6 (CL) which prohibit: extortion of a confession under torture by a judicial officer (xingxun bigong) (art. 247); extraction of testimony by the use of force by a judicial officer (baoli quzheng) (art. 247); physical abuse of inmates as well as instigation of detainee-on-detainee violence by a policeman or other officer of an institution of confinement like a prison, a detention house or a custody house (art. 248). The CL also lists several other offences related to the prohibition of torture and other forms of ill-treatment.7 16. However, Chinese legislation does not fully reflect all aspects of the definition of torture as outlined in article 1 of CAT and as required by its article 4. Article 94 of the revised CL defines “judicial officers” as “persons who exercise the functions of investigation, prosecution, adjudication and supervision or control” leaving room for uncertainty as to whether those hired temporarily, or seconded from non-judicial departments to assist in criminal investigations can be prosecuted for these offences.8 In addition, the Supreme People’s Procuratorate (SPP), which directly handles all investigations of torture, further restricted the application of article 247 of the CL to: cruel methods or evil impact; resulting in suicide or mental disorder; causing unjust, false or erroneous cases; coercing confessions/extorting testimony by violence more than three times or against more than three people; or instigating, instructing or forcing others to coerce