CAT/C/CHN/CO/4
page 14
The State party should review its legislation with a view to restricting the imposition
of the death penalty. The State party should provide specific data on death penalty
cases and ensure that all persons on death row are afforded the protection provided
by the Convention.
Forced medical treatment
35.
While noting that article 18 of the Criminal Law allows a mentally ill person who has
committed a crime but is not to bear any criminal responsibility for it to be given compulsory
medical treatment by the authorities, the Committee also notes with concern that this provision
has been misused to detain some people in psychiatric hospitals for reasons other than medical.
The case of Hu Jing was raised by the Committee, but the State party has not provided a
satisfactory answer (art. 11).
The State party should take measures to ensure that no one is involuntarily placed
in psychiatric institutions for reasons other than medical. Where hospitalization is
required for medical reasons, the State party should ensure that it is decided only
upon the advice of independent psychiatric experts and that such decisions can be
appealed.
Training of law-enforcement and medical personnel
36.
While welcoming the information provided by the delegation of the State party
concerning its efforts to provide human rights training to law-enforcement and judicial officers,
as well as grassroots officials, on the prevention of torture when they start their posts, when they
are promoted and when they are posted in the field , the information provided does not clarify
whether this training has been effective. The Committee regrets the insufficient level of practical
training with regard to the provisions of the Convention for law enforcement officers. The
Committee also notes with concern the lack of specific training to detect signs of torture and illtreatment for medical personnel in detention facilities (art. 10).
The State party should intensify its efforts to reinforce and expand existing training
programmes, including with non-governmental organisations, on the absolute
prohibition of torture for law enforcement officers at all levels.
The State party should also ensure adequate training for medical personnel to detect
signs of torture and ill-treatment and integrate the Istanbul Protocol of 1999 (Manual
on the Effective Investigation and Documentation of Torture and other Cruel,
Inhuman and Degrading Treatment or Punishment) in such training.
In addition, the State party should develop and implement a methodology to assess
the effectiveness and impact of its training programmes on instances of torture and
ill-treatment.
Measures against terrorism
37.
The Committee appreciates the information on the importance given by the State party to
anti-terrorist work and the information on their attempts to strengthen anti-terrorism legislation