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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