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

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