Recommendation (E/CN.4/2006/6/Add.6) A/HRC/19/61/Add.3 11 f) Recourse to pre-trial detention in the Criminal Procedures Law should be restricted, particularly for Steps taken in previous years Situation in during visit in 2005 (See A/HRC/4/33/Add.2, A/HRC/7/3/Add.2, Information received in the (See E/CN.4/2006/6/Add.6) A/HRC/10/44/Add.5 and A/HRC/16/52/Add.2) reporting period dealing with the regulation and law enforcement of detention facilities throughout China. In April 2009, the SPP stated that there had been 15 unexplained deaths in custody to date that year. - Reportedly, there are dozens of reports of deaths in custody received by NGOs – many from politically sensitive groups including Uighurs, Falun Gong, Tibetans, and petitioners -- suggest that the cases reported on by the media and acknowledged by the authorities are likely to be only a small proportion of the total. - The above-mentioned amendments to the State Compensation Law include measures aimed at strengthening the legal framework to address deaths in custody. Previously, the burden of proof that the death had been caused by ―negligence‖ rested on the family that lodged the complaint. Now the revised law requires compensation to be paid if an individual in detention is found dead or incapacitated and the detention centre or prison fails to provide evidence that the death was not caused by ―negligence‖ on the part of the authorities. Non-governmental sources 2009: It is reported that as of 2009, no steps had been taken to change the CPL and stop the practice of excessive periods of pretrial detention. Non-governmental sources 2008: It is reported that extensive time periods specified for summons, formal arrest by the police, approval of the arrest by the procuratorate, and special arrangements for some categories of suspects remained in force. It is alleged that suspects could still be held legally in police custody for up to 37 days prior to approval by the procuratorate. Non-governmental sources: Reportedly, pre-trial Upon approval by the procuratorate, suspects could be detention continued to be applied excessively and for prolonged periods; in cases involving State Secrets, held for up to a total of seven detention could be indefinite. During the pre-trial months in investigative