E/CN.4/1994/31
page 30
(a)
Information regarding the practice of torture in general
147. According to the information received, although torture is prohibited by
law in China, police and other State personnel continue to use it to extract
confessions or to intimidate or punish prisoners. Torture often occurs during
initial interrogation, immediately after arrest, when police officers try to
force suspects to give information about themselves or others, or to admit
alleged offences. Torture may also continue throughout the period of
detention without trial, which can last for weeks or months before a detainee
is either prosecuted and tried, or released without charge or given a term of
administrative detention.
148. According to the information received, torture and ill-treatment are also
common in prisons and labour camps where prisoners are transferred after being
tried and sentenced by a court or after being sentenced to a term of
administrative detention without the benefit of a trial. In penal
institutions, ill-treatment often occurs when prisoners infringe regulations
or disobey orders. Both common criminal prisoners and persons detained for
political reasons have, reportedly, been subjected to torture. However, the
majority of victims seem to come from the less educated or less privileged
classes.
149. The most common methods of torture reportedly include beatings, assaults
with electric batons or stun guns, the use of handcuffs and shackles in a way
intended to inflict pain, suspension by the arms in contorted positions, being
made to adopt painful or exhausting physical postures, deprivation of sleep or
food, exposure to cold or heat, and prolonged solitary confinement beyond the
15 day period allowed by the Chinese regulations as a punishment. It is
allegedly common practice for prisoners sentenced to death to wear handcuffs
and/or leg irons from the time they are sentenced to death until they are
executed, even if it is a period of several months.
150. Reports were also received of prisoners becoming ill in jail, frequently
as a consequence of the lack of proper sanitation and hygiene, and poor
nutrition, who were denied proper medical treatment.
151. According to the information received, Chinese law does not provide basic
safeguards to protect prisoners against torture. The law only guarantees
access to a lawyer in cases where detainees are prosecuted under the criminal
law. Even in such cases, there is no provision in law for access to a lawyer
or a judicial authority during pre-trial detention and access to a lawyer is
only guaranteed once the procedure for trial has started. In these
circumstances it is almost impossible for detainees to make complaints about
torture. The legislation includes regulations which permit administrative
detention without charge or trial and, therefore, without any access to a
lawyer or a judicial authority, for a period of up to four years. Access for
the family is usually only granted after a prisoner has been tried and
sentenced or "assigned" a term of administrative detention. Furthermore,
family visits are considered a privilege rather than a right and can therefore
be denied to prisoners.
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