E/CN.4/2006/6/Add.6
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guanjiao zhizhi zai ya renyuan bianda fanren 6 xiaoshi zhi qi siwang], Boxun (Online),
8 February 05 (citing Heilongjiang Daily story on the case); Supreme People’s Procuratorate
2004 Work Report [Zuigao renmin jianchayuan 2004 nian gongzuo baogao], 9 March 05 (noting
that a yearlong investigation uncovered more than 1,595 cases of torture, illegal detention, and
other violations of human rights in 2003); “‘Nie Shubin Murder Case’ Still Unresolved” [‘Nie
Shubin yuan sha an’ xuaner weijue], Southern Weekend (Online), 24 March 05; “Murdered
Wife Lives, Proves Husbands Innocence”, China Daily (Online), 4 April 05 (indicating that
She Xianglin was beaten and had fingers broken during his interrogation); “14 Years of
An Unjust Case of Wife Murder, ‘Liaoning’s She Xianglin’ Li Huawei Obtains State
Compensation” [14 nian sha qi yuanan ‘Liaoning She Xianglin’ Li Huawei huo guojia
peichang], People’s Daily (Online), 15 April 05; Lei Dao, “Why No Compensation After Eight
Years of Unjust Imprisonment” [Ba nian yuanyu weihe bu peichang], Legal Daily (Online),
17 April 05. Fu Kuanzhi”, Three Essential Elements That Must Be Put Forth to Put a Stop to
Torture” [Dujue xingshi bigong xu jubei sange yausu], Procuratorial Daily (Online),
11 August 04 (stating not all evidence should be included if proven to be true, but that improve
technology, better legal consciousness, and more reliance on material evidence necessary to
combat torture); Li Jinlin, “China Law Society Opens Research Forum on the Torture Problem”,
[Zhongguo faxuehui zhaokai xingxun bigong wenti yanjiu zuotanhui], Procuratorial Daily
(Online), 30 January 05 (citing poor investigative capacity and the use of case breaking rates to
evaluate personnel); “Return of “Murdered Wife” Calls China’s Judicial System in Question”,
People’s Daily (Online), 5 April 05 (citing pressure from above to solve cases); Cheng Jishan,
“Radical Measures to Policies Eliminate The Extortion of Confessions Through Torture”
[Xiaochu xingxun bigong de zhiben zhice], Legal Daily (Online), 13 April 05 (citing lack
of legal rules excluding all evidence derived from torture, presumptions of guilt by law
enforcement, and the failure to prosecute torture cases); “Don’t Allow the Wings of Justice
to break: Using Unjust Cases to Look at Confessions Extorted Through Torture” [Bie rang
zhengyi zheduan le chibang: cong mianan kan xingxun bigong], Legal Daily, 22 April 05 (citing
numerous factors, including low quality and educational levels of investigative personnel,
leadership and social pressure to break cases, the link between salaries/promotions and case
breaking rates, lack of lawyers at interrogation).
54
“Study of the Prevention of and Counter Measures for The Extortion of Confessions”, China
Legal Studies Associations’ Group On The Prevention of the Use of Torture in Interrogation,
March 2005; Suggestions for Enhancing the Rights of Lawyers [Wei zhengjin lvshi quanli
jianyan xiance], China Legal Publicity (Online), November 2004 (a Ministry of Justice Web site,
noting that torture is “widespread” in basic level organs); Qin Ping, “How Local Criminal
Evidence Standards Guarantee Implementation of the Criminal Procedure Law” [Difang de
xingshi zhengju guifan ruhe baozhang xingshi susongfa de zhixing], Legal Daily (Online),
22 April 05 (characterizing the She Xianglin case as a “typical” case); “Return of “Murdered
Wife” Calls China’s Judicial System in Question”, People’s Daily (Online), 5 April 05 (citing an
unnamed law professor as stating, “Although strictly forbidden by law, forced confession has
been common in many places in China because the police are often under great pressure from
above to solve criminal cases.”). An identical quote appeared in Xinhua and China Daily stories
on the She Xianglin case; Cheng Jishan, “Radical Measures to Policies Eliminate The Extortion
of Confessions Through Torture” [Xiaochu xingxun bigong de zhiben zhice], Legal Daily
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