CAT/C/CHN/CO/5 torture in the country of destination. It should also support effective post-return monitoring arrangements in cases of refoulement, including any conducted by UNHCR. Death penalty 49. The Committee welcomes the information that the State party ended the use of the death penalty for some economic and non-lethal crimes. However, the Committee remains concerned at the lack of specific data on the application of the death penalty, which prevents it from verifying whether this new legislation is actually being applied in practice. The Committee remains equally concerned by reports on the use of shackles for 24 hours a day and in all circumstances on persons on death row. While the Committee values the abolition of the practice of removing organs of executed persons without their consent, it remains concerned at the lack of independent oversight on whether the consent is effectively given (art. 16). 50. The Committee encourages the State party to establish a moratorium on executions and commute all existing death sentences, and to accede to the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of death penalty. In the meantime, the State party should adopt the necessary measures to: (a) Ensure that the death row regime does not amount to cruel, inhuman or degrading treatment or punishment, by abstaining from automatically imposing restraints on death row prisoners on the basis of their penalty; (b) Ensure in practice that the removal of organs only takes place on the basis of informed consent and that compensation is provided to the relatives of convicted persons whose organs were removed without their consent. The State party should also commission an independent investigation to look into claims that some Falung Gong practitioners may have been subjected to this practice (see CAT/C/CHN/CO/4, para. 25). Use of coercive measures in the implementation of the population policy 51. The Committee values that the Population and Family Planning Law prohibits the use of coercive measures for the implementation of the population policy. However, it is concerned at reports of coerced sterilization and forced abortions, and regrets the lack of information on the number of investigations into such allegations. The Committee also regrets the lack of information regarding redress provided to victims of past violations (arts. 12 and 16). 52. The State party should: (a) Review the legislation, local regulations, policies and practice related to the population policy to ensure the effective prevention and punishment of coerced sterilization and forced abortion; (b) Ensure that all allegations of coerced sterilization and forced abortion are impartially investigated, that the persons responsible are held accountable and that redress is provided to the victims. Tiananmen Square protests of 1989 53. The Committee notes the State party’s position that the measures taken by the Government of China during the military suppression of the Tiananmen Square protests on 3 and 4 June 1989 “were necessary and correct” and that the case has consequently been “closed”. The Committee is concerned, however, at the State party’s failure to clarify 14

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