E/CN.4/2006/6/Add.6 page 31 Extended Custody” and launched a national campaign of inspection and clearing-up targeted at extended custody that rectified extended custody for 7,132 individuals. Presently, the number of provinces, autonomous regions, and municipalities in which there are no cases of extended custody anywhere within the litigation system has risen from 14 at the end of 2003 to 29. Serious cases of extended custody lasting more than three years have been eliminated, and the number of individuals held beyond time limits in the nation is at a historic low. In order to consolidate these results of clearing up extended custody, the Supreme People’s Procuratorate recently established long-acting mechanisms to prevent and rectify extended custody. Courts nationwide are strictly carrying out a system of weekly reports on clearing up cases of extended custody and a system of supervision and complaint, and in cases in which the facts are unclear, evidence is insufficient, or defendants cannot be found guilty they are announcing acquittals according to law. In 2004, a total of 873 existing and new cases involving 2,432 individuals were cleared up, and by year end all cases of extended custody were completely cleared up, with the exception of those cases [extended for] legal reasons. Many media outlets have reported on this under the headline “Punish the guilty; release the innocent”, creating a strong response from all circles of society.” 35 Administrative detention includes: Re-education through Labour (laodong jiaoyang); Custody and Education (shourong jiaoyang); Enforced Drug Rehabilitation (qianzhi jiedu); Administrative Detention (xingzheng juliu); Work Study Schools (gongdu xuexiao); and psychiatric incarceration. 36 The major provisions governing the system of RTL include the following: A Decision of the State Council on the Question of Re-education Through Labor (Guowuyuan guanyu laodong jiaoyang wenti de jueding) of 1 August 1957; A Supplementary Decision of the State Council on Re-education Through Labor (Guowuyuan guanyu laodong jiaoyang de fuchong guiding) of 29 November 1979; A Notice of the State Council on Re-Issuing the Ministry of Public Security’s Trial Methods for Implementation of Re-education Through Labor (Guowuyuan guangu zhanfa gonganbu zhiding de laodong jiaoyang shixing banfa de tongzhi) of 21 January 1982; Regulations on Public Security Organs’ Handling of Re-Education Through Labor Cases (2002). 37 Legislation Law, passed 15 March 2000, effective as of 1 July 2000. 38 See article 3 of the Supplementary Decision of the State Council on Re-education Through Labor (Guowuyuan guanyu laodong jiaoyang de fuchong guiding) of 29 November 1979. 39 See para 43 of the report of the UN Working Group on Arbitrary Detention on its 1997 visit to China. UN Doc. E/CN.4/1998/44/Add.2. The Working Group goes on to acknowledge in paras. 45 and 46 that while the measure of re-education through labour still raises concerns, important decisions have nevertheless been taken and improvements made … “since the 1996 reform, new guarantees have improved administrative detention and re-education through labour institution.” 40 See paras 42-53 of the report of the UN Working Group on Arbitrary Detention on its 1997 visit to China. UN Doc. E/CN.4/1998/44/Add.2.

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