E/CN.4/2006/6/Add.6 page 16 torture that leaves no physical trace is difficult if not impossible to punish with appropriate penalties in China (indeed, the Chinese word for torture, kuxing, principally connotes physical torture). 53. Although the central Government has made significant efforts to reduce the practice of torture (as noted above), the effectiveness of these efforts is significantly hampered by the degree of localism inherent in policing and criminal procedure at the grass-roots level, which impedes the effective implementation of central regulations, guidance, training, prohibitions, etc.60 Although the Ministry of Public Security formally exercises leadership over nationwide public security work, local Party Committees enjoy substantial authority to interpret and implement policy in their regions including by exercising leadership over respective Public Security Bureaux (PSBs). This results in localized and semi-autonomous police forces shaped by local power balances and economic resources, with accountability to local political leaders. This situation is aggravated by problems of underfunding and poor remuneration for police, particularly in the more economically disadvantaged western provinces.61 54. Combating torture in China is further impeded by the absence of essential procedural safeguards necessary to make its prohibition effective, including: the effective exclusion of evidence from statements established to be made as a result of torture; the presumption of innocence;62 the privilege against self-incrimination; the right to remain silent;63 timely notice of reasons for detention or arrest; prompt external review of detention or arrest; granting of non-custodial measures, such as bail; the right of habeas corpus; timely access to counsel; and adequate time and facilities to prepare a defence. 55. The presence of a lawyer is not only a right guaranteed under international human rights law but also an important means to prevent the use of torture. Not only do lawyers ensure supervision of investigators’ behaviour during interrogation, but they facilitate prosecution of investigators who have utilized torture. They also enable witnesses to provide evidence to court that statements were acquired through illegal means. Yet in China, most suspects are interrogated without lawyers.64 56. Other serious shortcomings are the lack of an independent monitoring mechanism of all places of detention and a functional complaints mechanism. While there is no shortage of internal oversight mechanisms in China’s law enforcement system, it must be noted that these are not independent, nor are they publicly perceived as independent. These include the Communist Party Committee that, along with Government’s political and personnel departments, oversees hiring, firing, review and promotion in every Public Security Bureau department; the public security branches of the Party’s Discipline Inspection Committee and the Government��s Ministry of Supervision; the “Masses Letters and Visits Office” that accept and investigate citizens’ complaints within each Public Security Bureau department; and the Procurators. In addition to their lack of independence, these mechanisms are largely ineffective due to the fact that the pressure to crack cases is larger than the incentive to address abuses.65 Yet priority seems to still be placed on developing systems for internal investigation as opposed to independent monitoring. Complex systems for “allocating responsibility” have been publicized in the police, procuratorate and courts in recent years. It is still unclear what impact these will have in practice, particularly as they will be unlikely to exercise genuine independence from Government institutions and authorities.