A/HRC/7/3/Add.2 page 17 “Regulations on filing cases standard on infringing rights by dereliction of duty” (Supreme People’s Procuratorate, 26 July 2006), aimed at investigating abuses. In addition, reforms to the death penalty system aimed at reducing the number of executions, are a positive sign that criminal law reform is possible. Furthermore, instituting a system of review may ensure that cases of wrongful conviction are overturned before executions are carried out. However, while these regulations are necessary improvements, they lack adequate methods of enforcement. Not a single change has been made to the criminal or criminal procedure laws. Necessary changes would include the provision of a comprehensive definition of torture in line with article 1 of the Convention against Torture; adoption of fair trial guarantees as provided for in the International Covenant on Civil and Political Rights (ICCPR), to which China is a signatory; and the abolition of administrative forms of detention, including ReeducationThrough-Labor (RTL). Despite the recommendation of these changes in the Special Rapporteur’s 2006 report, such changes have gone unimplemented. 75. Recommendation (b) stated: All allegations of torture and ill-treatment should be promptly and thoroughly investigated by an independent authority with no connection to the authority investigating or prosecuting the case against the alleged victim. 76. Recommendation (c) stated: Any public official indicted for abuse or torture, including prosecutors and judges implicated in colluding in torture or ignoring evidence, should be immediately suspended from duty pending trial, and prosecuted. 77. Recommendation (d) stated: The declaration should be made with respect to article 22 of CAT recognizing the competence of the Committee against Torture to receive and consider communications from individuals who claim to be victims of a violation of the provisions of the Convention. Prevention of torture and ill-treatment through safeguards in the criminal justice system 78. Recommendation (e) stated: Those legally arrested should not be held in facilities under the control of their interrogators or investigators for more than the time required by law to obtain a judicial warrant of pre-trial detention, which normally should not exceed a period of 48 hours. After this period they should be transferred to a pre-trial facility under a different authority, where no further unsupervised contact with the interrogators or investigators is permitted. 79. Recommendation (f) stated: Recourse to pre-trial detention in the Criminal Procedure Law should be restricted, particularly for non violent, minor or less serious offences, and the application of non custodial measures such as bail and recognizance be increased.

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