• Piloting systems of audio and video recording in interrogation rooms had been started. i) Judges and prosecutors should routinely inquire of persons brought from police custody how they have been treated and in any case of doubt (and even in the absence of a formal complaint from the defendant), order an independent medical examination. While Chinese law and prison detention regulations cover medical care for detainees quite comprehensively, none of the provisions establish the prisoners’ rights to independent medical examinations. Government: Under the NHRA, a system of conducting a physical examination of detainees before an after the interrogation shall be established and promoted. Non-governmental sources: No significant steps have been taken since the visit of the Special Rapporteur. The right to access to medical care provided for by Chinese law is denied for many human rights defenders as a form of punishment. Courts have been reported to frequently ignore torture allegations by defendants. j) The reform of the CPL should conform to fair trial provisions, as guaranteed in article 14 of ICCPR, including the following: • the right to remain silent and the privilege against selfincrimination; • the effective exclusion of evidence extracted through torture; • the presumption of innocence; • timely notice of reasons for detention or arrest; • prompt external review of • The CPL was not in conformity with international fair trial standards (e.g. it did not provide for the right to remain silent and privilege against self-incrimination); Government: According to the NHRA, the state encourages the revision and abolition of laws, regulations and regulatory documents inconsistent with the Lawyers Law to guarantee the right to legal counsel. • The Rules on the Handling of Criminal Cases by Public Security Authorities permitted exceptions to the 24 hours time period for family notification; Non-governmental sources: The unconditional right of confidential access to a lawyer after initial interrogation (Lawyers Law) makes an exception for cases involving state secrets. The law contradicts the broad restrictions of legal counsel in the CPL. The vague concept of State Secret was used extensively and arbitrarily to deny access to legal representation, access to case files and to hold trials in camera. • Extensive periods of police custody permitted by law, no independent judicial review of arrest and detention; • Article 96 of the CPL provides for access to a lawyer A/HRC/13/39/Add.6 42 eliminating confession through torture was among its priorities.