of civil rights by any State organ or functionary, but it contained an exception clause for criminal cases where confessions were “intentionally fabricated” or other “evidence of guilt” was falsified. Non-governmental sources: Most victims of torture have not received any compensation or only small amounts. p) Death row prisoners should not be subjected to additional punishment such as being handcuffed and shackled At the Beijing Municipality Detention Centre, death row prisoners awaiting appeal were handcuffed and shackled with leg irons for 24 hours a day and in all circumstances. Non-governmental sources: Death row prisoners were denied final farewell visits by their families. q) The restoration of Supreme People’s Court (SPC) review for all death sentences should be utilized as an opportunity to publish national statistics on the application of the death penalty The SPC restored its power of review in October 2005. Plans to implement the full audio-visual recording of appellate court proceedings in death penalty cases were announced. In 2007, the SPC resumed review of death penalty sentences as of Jan 2007. Semiofficial accounts estimated a drop in the number of executions by 30% in 2007 compared to 2006 as a result of a reduction in death sentences passed by lower courts and an average of approx. 15% of overturned death sentences by the SPC. Non-governmental sources: China continues to refuse to release national statistics on the application of the death penalty classifying such information as “state secrets”. It is estimated that there have been more than 5,000 executions in 2008. Other observers estimate that death sentences were reduced by half since the review was returned to the SPC. In the lack of public statistics, it is impossible to verify the accuracy of such numbers. The appeal process in death penalty cases remains closed to outside observers. r) The scope of the death penalty should be reduced, e.g. by abolishing it for economic and non-violent crimes. Chinese law provided for the death penalty in relation to a wide range of offences that did not reach the international standard of “most serious crimes”; among the more than 60 capital offences, there were many economic and other nonviolent crimes. The SPC was reportedly working on a judicial interpretation of “the most serious and vile” crimes, for which the death penalty should be applied exclusively. Non-governmental sources: The number of capital offences remains the same. The Government still executes persons for nonviolent, political crimes and there are no indications that it may change the practice. s) Political crimes that leave large discretion to law The replacement of the crimes “counter-revolution” and Non-governmental sources: The Government has taken no steps towards A/HRC/13/39/Add.6 45 of the physical and mental harm suffered, and adequate medical treatment and rehabilitation

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