Situation during visit in 2005
(See E/CN.4/2006/6/Add.6)
(r) The scope of the
death penalty should be
reduced, e.g. by
abolishing it for
economic and nonviolent crimes.
Chinese law provided for the
death penalty in relation to a
wide range of offences that did
not reach the international
standard of “most serious
crimes”; among the more than 60
capital offences, there were
many economic and other nonviolent crimes.
(s) 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.
The replacement of the crimes of
“counter-revolution” and
“hooliganism” in 1997 with
vaguely defined crimes in the
Chinese CL left their application
open to abuse particularly
against the peaceful exercise of
the fundamental freedoms of
religion, speech and assembly.
Steps taken in previous years
(See A/HRC/4/33/Add.2 and
A/HRC/7/3/Add.2)
sentences passed by lower courts and an
average of approx. 15% of overturned
death sentences by the SPC. However,
NGOs indicate that no official annual
statistics were published and that the
estimated number of executions in 2007
was between 5,000 and 6,000.
2006 and 2007: Non-government
sources: statistics released by the SPP
state that the number of arrests for
endangering state security rose from 296
in 2005 to 604 in 2006. Arrests
reportedly increased further in 2007 to
742, the highest number since 1999.
Information received on steps taken
since December 2007/current situation
on the impact of SPC oversight on the
number of cases of capital punishment
was provided.
Non-governmental sources: The number
of crimes that carry the death penalty has
not been reduced (at present 68). Several
death sentences for non-capital crimes
have been imposed during the reporting
period. The SPC is currently working on a
judicial interpretation of “the most
serious and vile” crimes, for which the
death penalty should be applied
exclusively.
Non-governmental sources: The number
of arrests for endangering state security
has risen in 2008 in light of the mass
arrests following the March 2008
demonstrations in Tibet and the unrest in
Xinjiang. The majority of people arrested
for endangering state security are
arrested for “subversion”, “incitement to
subversion”, “splittism” and “incitement
to splittism”. The vague definitions of
these crimes in the Criminal Law provide
the PSB and the State Security Ministry
with broad discretion in deciding what
constitutes a political crime and how it
should be handled. The prohibition on
A/HRC/10/44/Add.5
page 16
Recommendation
(E/CN.4/2006/6/Add.6)
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