397. Clarifications were also sought on the legislative measures adopted in
order to safeguard the universal jurisdiction provided for in articles 5 to 7 of
the Convention.
398. Further information was requested about the implementation of articles 8
and 9 of the Convention, particularly with regard to the mutual judicial
assistance procedure followed in practice.
399. The members of the Committee asked what measures were taken to give
practical effect to the provisions of article 10 of the Convention.
400. With regard to article 11 of the Convention, the members of the Committee
requested information on rules relating to the interrogation of suspects and the
prohibition of corporal punishment with a view to extorting confessions, since
allegations by non-governmental organizations referred to many cases of persons
detained in secret, and on opportunities for persons arrested to contact a
family member, consult a qualified doctor and choose a lawyer as soon as they
were arrested. They also asked how many persons were detained in the country’s
prisons or held in administrative detention and whether measures were envisaged
to place a time-limit on the length of pre-trial detention. They requested
further information on the definition of the crime of counter-revolution and on
the situation of the 4,329 persons held in Chinese prisons for such crimes; they
asked whether re-education through labour could be used as part of
administrative penalties, how many persons were affected by such penalties and
how many had died in prison or in re-education-through-labour camps.
401. The members requested clarifications about the conditions in which a person
could be subjected to a form of administrative detention known as "protective
custody during investigation"; the number of persons involved and the procedural
safeguards available to them, in particular any opportunity for remedies in
cases of torture; and allegations that persons thus placed in "protective
custody during investigation" were deprived of certain rights, particularly that
of communicating with members of their family or their defence counsel, and were
frequently detained for longer than the regulation three months and subjected to
torture. They also asked whether steps had been taken by the competent
authorities as a result of allegations of torture and suspicious death among
persons detained in such special centres.
402. As to articles 12 and 13 of the Convention, the members of the Committee
said that they would like further information on complaints filed against public
officials, on the outcome of the inquiries conducted and on the number and
nature of sentences handed down against persons found guilty of violating
citizens’ human and democratic rights and of acts of torture in particular.
403. On the subject of article 14 of the Convention, the members of the
Committee also requested clarifications of the conditions in which a victim of
an act of torture, or claimants on his behalf, could obtain compensation,
particularly when the guilty person was an agent of the State.
404. With reference to article 15 of the Convention, the members of the
Committee asked whether a statement obtained by torture could be invoked as
evidence in a trial, whether such cases had occurred in practice and what use
the courts made of such evidence.
405. On article 16 of the Convention, the members referred to information from
non-governmental sources according to which sentences to the death penalty had
increased sharply during recent years, having reached 1,891 in 1992, involving
1,079 executions. They requested clarifications in that regard and asked
whether the death sentence might not constitute a form of cruel and inhuman
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