A/HRC/11/25*
the death penalty, but noted there remains a lack of transparency over use of the death
penalty, which can still be applied for 68 crimes, including non-violent ones. It expressed
concern about the human rights situation in the Tibet Autonomous Region and other
Tibetan areas, particularly as regards cultural rights, including religious rights, and the use
and teaching of minority languages, history and culture. It asked about plans to strengthen
protections for Chinese media, who face non-official obstacles to reporting freely, in line
with the ICCPR. It asked also how China intends to implement recommendations by the
Committee against Torture on re-education through labour, the treatment of human rights
defenders, and protection for defence lawyers. It recommended that China: (a) release a
clear timetable for work towards ICCPR ratification; (b) reduce the scope of application of
the death penalty, and publish statistics to show that the use of the death penalty is falling in
China; (c) issue a standing invitation to the Special Procedures of the Human Rights
Council; and (d) grant greater access to Tibetan areas for OHCHR and other United Nations
bodies, as well as diplomats and the international media.
43.
Germany asked about the efforts made by China to effectively combat torture and
maltreatment of persons in detention facilities, and the efforts to ensure that evidence
obtained by torture is not used against defendants in criminal proceedings and that persons
committing or officials responsible for acts of torture or serious maltreatment of detainees
are brought to justice regardless of their function. Germany recommended that China: (a)
abolish administrative detention and forced labour without proper trial, access to legal
representation and independent supervision; (b) ensure every detainee has the right to
regularly see visitors and has permanent access to legal counsel and effective complaint
mechanisms; (c) ensure that all detainees, regardless of their crimes are held in facilities
with decent standard and treatment; (d) take effective measures to improve education,
training and supervision of prison staff; (e) continue efforts to change its legal practice in a
way which is conducive to markedly reducing the number of the death sentences being
imposed and persons executed; (f) consider an early release of detainees who are of old age
or in fragile health; (g) review its approach towards religious groups and practitioners,
including those not organized in the officially recognized churches; (h) and guarantee all
citizens of China, including its minority communities and religions, the exercise of
religious freedom, freedom of belief and the freedom of worshipping in private.
44.
Uzbekistan welcomed the efforts made in the area of protecting and promoting all
human rights, including political, civil, social and cultural rights and also the right to
development. Uzbekistan stated that the comprehensive work realized in China on a broad
spectrum in the areas related to protection of human rights clearly attested to the
commitment on the part of the Government to its international obligation in the area of
defence of human rights. It stressed the positive results in the area of protecting the rights of
women and children, education and human rights, the development of civil society, rights
of disabled persons, health and social wellbeing. It noted that particular attention should be
paid to the national human rights plan of actions for 2009–2010 that assists in further
strengthening of the system of human rights protection in the country and ensures
effectiveness of the work in this area.
45.
Sudan commended China for its indivisibility of human rights, through its inclusion
of social, cultural rights and the right to development as well as political and civil rights. It
appreciated the efforts undertaken in recent years to continue to promote democracy and the
rule of law, including a number of measures aimed to improve the judicial system,
including the system of “re-education through labour”. It understood that the system of reeducation through labour is a special legal system based on China’s realities. It has a clearly
defined legal basis, strict approval procedures and full judicial remedy channels. According
to Sudan’s understanding, “correctional service” was a more suitable interpretation of the
system of “re-education through labour.” Sudan recommended that China actively and
GE.09-16299
11
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