A/HRC/11/25*
civil soceities including All China Women’s Federation, Federation of the Disabled Person,
and the Chinese Human Rights Research Institution. These organisations will participate in
its supervision and implementation.
65.
The delegation said China cooperates well with special procedures and replied
seriously to every communication transmitted by the mechanism. In recent years, it has
received six visits by special rapporteurs on torture, religious freedom, education and the
Working Group on arbitrary detention. It will continue to extend invitations to special
rapporteurs and considers inviting one to visit in 2009. It attaches great importance to their
reports and actively implements reasonable recommendations. The delegation noted that it
has provided several times feedback to the Special Rapporteur on torture on the
implementation of his recommendations.
66.
Regarding administrative detention and re-education through labour, the delegation
noted that administrative detention is an administrative sanction that temporarily limits the
liberty of a person. It is applied to persons who have committed offences less than a
criminal offence and can be appealed through administrative review or administrative
litigation. The Chinese system of re-education through labour is similar to that of
correctional service in other countries and is applied to persons who have committed crimes
that do not warrant criminal sentence. There are 320 such centres in China with 190,000
inmates. Its main legal basis is in various specific laws, authorized or passed by the
Standing Committee of the National Congress. This Standing Committee has decided to
formulate a Law on Correctional Services, in which a reform of system of the re-education
through labour is envisaged.
67.
The delegation noted that current circumstances do not allow for abolition of the
death penalty but that its use is strictly controlled. In practice, death penalty is only applied
to very serious crimes and is not used in most of the applicable crimes. If a person
sentenced to death with a stay of execution for two years, does not commit any new crimes
during the period of suspension, his sentence will be commuted to other sentence. A
positive consideration is been given to the proposal to reduce the number of crimes subject
to death penalty, especially for non-violent crimes.
68.
On the issue of judiciary independence, the delegation noted that in China the
Constitution and the law stipulates that the court should carry out their judicial authorities
independently and free from any interference from administrative branches, societal bodies
and individuals. The law on lawyers is amended and the law of state compensations and
criminal procedural law are now on the agenda of the National People’s Congress to realise
justice and equality in judicial system China. Judicial reform and training programmes of
the judiciary are carried out.
69.
On torture and other inhumane treatment, the delegation noted that the number of
cases of torture is declining and that it would never allow torture be used on ethnic groups,
religious believers or other groups. The law clearly prohibits establishment of private
detention facilities, there are no black jails in the country. Under the criminal law,
collecting evidence by force, illegal detention or corporal punishment of detainees
constitutes criminal offences. The law on detention facilities further prohibits any abuse,
physical or oral of detainees. A comprehensive safeguard mechanism against torture exists
in all prisons and detention facilities, comprising four layers: the first layer is internal
discipline and supervision in every facility, the second is supervision by procuratorial
bodies, the third is the National People’s Congress or Political Consultative Conferences,
and the fourth is a special unit to investigate and handle cases of alleged torture. Victims of
torture are entitled to seek compensation under the law.
70.
The delegation informed that the amended law on lawyers contains clear provisions
to protect lawyer’s rights, their personal liberty and immunity from sanctions for speeches
16
GE. 09-16299
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