E/CN.4/1993/26
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so forth. The Penal Code also stipulates that if State employees inflict
bodily suffering or disguised bodily suffering on persons undergoing
investigation or convicts serving sentence as a means of extracting
statements, the law enforcement authorities must apply penalties
corresponding to the seriousness of the crime. Where torture does not
result in lasting physical injury, it is to be treated as a serious case
of "causing bodily harm", punishable by three to seven years'
imprisonment; if death ensues, the punishment is from seven years to life
in prison. Chinese legislation also contains provisions to prevent and
prohibit torture during law enforcement procedures. The Administrative
Suits Act, promulgated in 1990, permits citizens to seek legal protection
when their rights are violated by a State institution or its staff, and
provides a direct and effective channel.
3.
In China, the essential rights of convicts serving sentence are
legally protected. Not only are convicts given essential material life,
medical care, industrial safety and labour protection, but they also have
the right to appeal, to defence and to physical safety and the individual
rights not to be humiliated, to complain, to report offences, etc. No
criminals are deprived of their political rights, they are all entitled
to exercise their votes in accordance with the law.
4.
The Chinese law enforcement authorities investigate and punish
individuals guilty of torture every year, mostly State employees who use
torture to extract confessions and prison warders who inflict corporal
punishment on or mistreat inmates. Under the law, when cases of torture
are investigated there are normally two methods of proceeding. In one,
the public security organs or procuratorate register the case and carry
out the investigation, then pass the case to the courts for trial; in the
second, the investigation is handled by the administrative authorities.
The competent administrative body is the supervisory department, which
handles civic discipline; it is required to refer any case which may
constitute a crime to the law enforcement authorities, which conduct the
investigation in accordance with legal procedure.
5.
To check whether penalties are being properly applied in convicts'
housing quarters, prisons and other correction through labour facilities
and whether inmates are being subjected to corporal punishment or
ill-treatment, special prison inspection mechanisms have been set up in
every procuratorate. Some of these are based at prisons and custodial
units, some work on a day-to-day inspection pattern. The departments in
charge of such matters in the public security organs must, when
investigating the handling of a case by public security personnel,
investigate whether confessions have been extracted by torture besides
looking into working procedures and methods. Public security organs at
every level normally have legal, supervisory and disciplinary departments
and a complaints centre which will accept reports and complaints of
torture and beatings, and will mount conscientious inquiries into any
cases of confessions extracted by torture or similar infringements of
citizens' right to life that arise. Where breaches of discipline by
prisoners lead to injuries among inmates, an inspection is carried out by
medical personnel; in the event of deaths, an inquest is held by the
medical examiner attached to a people's procuratorate or people's court.
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