e) Those legally arrested should not be held in facilities under the control of their interrogators or investigators for more than the time required by law to obtain a judicial warrant or pre-trial detention, which normally should not exceed a period of 48 hours. After this period they should be transferred to a pre-trial facility under a different authority, where no further unsupervised contact with the interrogators or investigators is permitted The CPL gave public security organs broad discretion to detain suspects for long periods in custody without judicial review. Coercive summoning (Juchuan) could be extended for up to 48 hours and the period of examination following formal arrest (Daibu) and prior to submitting the case to the Public Procuratorate for approval could take up to 7 days, and up to 30 days for suspects of organised crimes (Art. 69). Detention for the purpose of criminal investigation (Juliu) was generally possible for up to 14 days and could be prolonged for up to 37 days (Art. 61). Extensive time periods specified for summons, formal arrest by the police, approval of the arrest by the procuratorate and special arrangements for some categories of suspects remained in force. Suspects could still be held legally in police custody for up to 37 days prior to approval by the procuratorate. Non-governmental sources: No steps have been taken to change the CPL and stop the practice of excessive periods of pre-trial detention. The SPP placed extended detention in criminal cases within the sphere of oversight of the people’s supervisors, which led to a reduction of the use of extended pre-trial detention. Non-governmental sources: Pre-trial detention continued to be applied excessively and for prolonged periods; in cases involving State Secrets, detention could be indefinite. During the pre-trial phase, suspects remained in detention centres under the authority of the PSB. Criminal detainees are held in detention centres (Juliusuo) under the jurisdiction of the Public Security Bureau (PSB). f) Recourse to pre-trial detention in the Criminal Procedures Law should be restricted, particularly for non-violent, minor or less serious offences, and the application of non-custodial measures such as bail and recognizance be increased. Upon approval by the procuratorate, suspects could be held for up to a total of seven months in investigative detention by the police (Daibu), which could be extended by the procuratorate for up to six and a half months or, in the case of the discovery of new crimes, indefinitely. g) All detainees should be China’s domestic legislation did Government: Under the NHRA, effective A/HRC/13/39/Add.6 40 Convention. CAT

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