CAT/C/CHN/CO/5 Shuanggui system 44. While noting the State party’s position that the internal disciplinary system of the Chinese Communist Party for investigating officials (shuanggui) has a legal basis and does not permit the use of torture, the Committee expresses concern at reported cases of officials who have been subject to ill-treatment under this system. It is also concerned that the discipline inspection commissions can summon and investigate officials outside the ordinary law enforcement system, and that suspects do not have a right to have a counsel during the interrogation, which leaves them at risk of torture (arts. 2 and 12). 45. The State party should ensure that the practice of detaining officials for interrogation under the shuanggui disciplinary system is abolished and that any disciplinary proceedings are conducted with full observance of the requirements of fair and proper procedure, including the right to be legally represented. The State party should also ensure that all allegations of ill-treatment within the shuanggui disciplinary system are promptly investigated in an impartial manner by an independent body and that there is no institutional or hierarchical relationship between that body’s investigators and the suspected perpetrators of such acts. Non-refoulement and forced repatriations to the Democratic People’s Republic of Korea 46. While welcoming the adoption in 2012 of the Exit-Entry Administration Law (see para. 4 (b) above), the Committee remains concerned that, in the absence of national asylum legislation and administrative procedures, the refugee determination process has to be carried out by the Office of the United Nations High Commissioner for Refugees (UNHCR). The Committee is also concerned at the State party’s rigorous policy of forcibly repatriating all nationals of the Democratic People’s Republic of Korea on the ground that they have illegally crossed the border solely for economic reasons. In that regard, the Committee takes note of over 100 testimonies received by United Nations sources (see A/HRC/25/63, paras. 42-45), in which nationals of the Democratic People’s Republic of Korea indicate that persons forcibly repatriated to the Democratic People’s Republic of Korea have been systematically subjected to torture and ill-treatment. In the light of this information, the Committee regrets the State party’s failure to clarify, in spite of the questions raised during the dialogue, whether or not nationals of the Democratic People’s Republic of Korea are denied access to refugee determination procedures in China through UNHCR, as reported to the Committee by various sources (art. 3). 47. The State party should: (a) Adopt the necessary legislative measures to fully incorporate into domestic legislation the principle of non-refoulement set out in article 3 of the Convention, and promptly establish a national asylum procedure, in cooperation with UNHCR; (b) Immediately cease forcible repatriation of undocumented migrants and victims of trafficking to the Democratic People’s Republic of Korea, and allow UNHCR personnel unimpeded access to nationals of the Democratic People’s Republic of Korea who have crossed the border, in order to determine if they qualify for refugee status. 48. The Committee reminds the State party that under no circumstance should the State party expel, return or extradite a person to another State where there are substantial grounds for believing that he or she would be in danger of being subjected to torture. In order to determine the applicability of the obligations that it has assumed under article 3 of the Convention, the State party should thoroughly examine the merits of each individual case, including the overall situation with regard to 13