E/CN.4/2006/6/Add.6
page 10
and the prosecution generally reads out their statements, depriving the accused of the opportunity
to cross-examine them, as per the 1996 CPL revision.26 Rules of evidence are rudimentary, and
illegally obtained evidence is often admitted in practice.27
Access to medical examination and care
26.
While Chinese law and prison and detention centre regulations cover medical attention
for detainees quite comprehensively, none of the provisions establish prisoners’ rights to
independent medical examinations.
Right to habeas corpus
27.
Domestic legislation does not provide for any process similar to the system of
habeas corpus or any other legal recourse for imprisoned persons to challenge decisions on
pretrial detention before a court. At the most, suspects, defendants, lawyers and relatives may
request the release of suspects or defendants upon finding that their detention has exceeded time
limits (article 75 of the CPL).
Length of detention without charge
28.
There are three types of custodial pretrial detention and two types of non-custodial
pretrial restriction.
29.
Custodial detention includes coercive summons (juchuan), a measure by which public
security departments, prosecutors and courts may forcibly take in a suspect for questioning for a
period of up to 12 hours.28 Another form of custodial detention is criminal detention (juliu),29
and the third is arrest (daibu).30
30.
Other forms of pretrial restriction without charge or judicial review include supervised
residence (jianshi juzhu), and taking a guarantee and awaiting trial (qubao houshen). Pursuant to
article 57 of the CPL, those subjected to supervised residence are forbidden to leave their home
or their designated place of residence or meet other persons without permission. Interpretations
of the CPL have extended the period of supervised residence to up to three years.
Length of detention for investigation after charge
31.
According to the CPL, once the procuratorate has approved a formal arrest, a suspect
may be held for up to a total of seven months in investigative detention31 or, in the exceptional
case of the discovery of “new crimes”, indefinitely.32 In addition, the suspect could be held
in detention for a total of an additional six and a half months after the initial post-arrest
investigative detention period has ended and before an indictment is issued in the case where
the procuratorate requests supplementary investigations to be carried out.33
32.
The Special Rapporteur has been informed by China that the public security,
procuratorial, and court departments place a high level of importance on and have taken strong
measures to rectify and prevent the problem of extended custody in China.34
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