A/HRC/7/3/Add.2
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88.
According to non-governmental sources, although none of the recommendations
made by the Special Rapporteur specifically address the need to enhance transparency
and declassify information related to torture and abuse in detention facilities, this is the
primary challenge to addressing torture in China, where secrecy is the norm. Access to
accurate, reliable, and comprehensive information is vital to both preventing torture and
investigating and prosecuting torture where it exists. Yet virtually all necessary baseline
information is classified under the state secrets system, effectively preventing any action
on torture in detention facilities in China. Classified information includes: information
on the detention and reform of prisoners of influence currently serving sentences;
statistics on unusual deaths in prisons and other detention facilities; data on instances of
police officers causing injuries or disabilities to prisoners; and instances of police
officers violating the law or codes of discipline. In addition to specific pieces of
information, the state secrets system also provides for retroactive classification of
information when there is a perceived harm. As a result, potentially sensitive information
remains shrouded in secrecy, either because it is already classified, or because the limits
of classification are unclear. Potentially serious sanctions—ranging from administrative
to criminal—can be imposed when information is disclosed, divulged, or leaked.
Information on torture and abuse in prison is therefore not easily accessible, allowing
abuses to go unchecked, and preventing effective implementation of reforms.
89.
Recommendation (o) stated: Victims of torture and ill-treatment should
receive substantial compensation proportionate to the gravity of the physical and
mental harm suffered, and adequate medical treatment and rehabilitation.
Circumstances surrounding capital punishment
90.
Recommendation (p) stated: Death row prisoners should not be subjected to
additional punishment such as being handcuffed and shackled.
91.
Recommendation (q) stated: The restoration of Supreme Court review for all
death sentences should be utilized as an opportunity to publish national statistics on
the application of the death penalty.
92.
Recommendation (r) stated: The scope of the death penalty should be
reduced, e.g. by abolishing it for economic and non violent crimes.
Deprivation of liberty for political crimes
93.
Recommendation (s) stated: Political crimes that leave large discretion to law
enforcement and prosecution authorities such as “endangering national security”,
“subverting State power”, “undermining the unity of the country”, “supplying of
State secrets to individuals abroad”, etc. should be abolished.
94.
According to non-governmental sources, the recommendations by the Special
Rapporteur highlighted the importance of abolishing political crimes, which provide
authorities wide discretion in detaining individuals simply for the peaceful exercise of
freedom of expression. The recommendations correctly identified particularly
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