E/CN.4/2006/6/Add.6
page 35
(Online), 13 April 05 (characterizing torture as a “malignant tumor” that “is difficult to stop in
practice.”) Jin Yan, “Judicial Reform in China: Seeking a Bottom Line to Police Power (Zhong
guo fa gai ge tan jiu jing cha quan li di xian) in Lifeweek (San naian sheng huo zhou kan) 258
(Sept 22-29, 2003).
55
Xingxun Bigong Zui, pg. 9:
China Official Torture Statistics (1979-1996)
Year(s)
1979-1989
1990
1991
1992
1993
1994
1995
1996
Tortured confession cases
formally established
over 4,000 total
(avg. 364+/year)
472
407
352
398
409
412
493
Persons tortured to death
(no report)
(no report)
(no report)
(no report)
126
115
(no report)
at least 32 (Jan.-Aug., MPS statistic)
56
“Qiu Xueqiang, deputy director of the SPP, said the use of torture, threats, delusion and lies
to collect evidence or extract confessions must be stopped.” “China urges police to stop using
torture to make people confess”, Agence France Press, 27 May 2005. Since 2003, a dozen
procuratory organs including the procuratorate at Hengshui City in Hebei Province started an
experiment with “Police Work Areas” to enhance the quality of investigations and prevent the
use of torture. Within a Police Work Area, there is an interview room, an inquiry room, a room
for psychological tests, a room for controlling and monitoring, a case seminar room, a medical
room, police waiting room, police equipment room, and safe keeping room. All activities related
to a case are monitored. The monitoring network extends to detention centres. Within a
Policing Area, there must be at least two judicial police officers present. When the suspect
leaves, s/he must be escorted by judicial officers. There is cassette-taping and video-taping of
the entire process from the moment when the personnel participating in the procedure enter into
a Policing Work Area. “Police Work Areas have standardized the investigative departments’
acts of law enforcement. They have placed investigative personnel under supervision from
judicial police, directive personnel and monitoring systems from beginning to end. On the other
hand, the serious and hushed atmosphere in Police Work Areas put psychological pressure on
people being investigated. This improves results of interviews, ensuring that police is able to
conduct their own case investigations systematically.” March 2005 Study of the Prevention
of and Counter Measures for The Extortion of Confessions by Torture of the Legal Studies
Association.
57
The “Guiding Opinion Regarding Prevention of Extorting Confessions Under Torture During
Criminal Case Activity” went into effect in Hebei province on January 1, 2006. Apparently
the opinion states, “Oral evidence obtained through extortion under torture cannot serve as the
basis for approving arrest and prosecution.” In addition, the opinion provides that the local
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents