50
145. He also wrote that refusal to provide statistics on the death penalty is incompatible with
human rights standards in various respects.98 This is because such secrecy i) undermines many of the
safeguards which might operate to prevent errors or abuses and to ensure fair and just procedures at all
stages; ii) denies the human dignity of those sentenced, many of whom are still eligible to appeal, and
iii) denies the rights of family members to know the fate of their closest relatives.99
146. Another factor to consider is the type of crimes that carry the death penalty. Former
Special Rapporteur Manfred Nowak observed with concern the high number of crimes for which the
death penalty can be applied.100 Here he indicated that Chinese law provides for the death penalty for a
wide range of offences that do not reach the international standard of “the most serious crimes” 101
including economic and other non-violent crimes.102 Former Special Rapporteur Asma Jahangir
observed that a growing number of people have allegedly been sentenced to death for corruption,
embezzlement, bribery and other non-lethal crimes.103
The Office of the United Nations High
Commissioner for Human Rights recommended to China that the scope of the death penalty should be
reduced.104
147.
It is precisely within the framework of this case that the Commission has received
information regarding the alleged derogatory of the death penalty in the People’s Republic of China for an
array of economic crimes, during the month of February, 2011. This topic will be referred to in the
analysis of the law applicable to the present case.
148. For its part, the CAT expressed concern over the detention conditions of convicted
prisons awaiting execution.105 It specifically brought attention to the fact that such persons tend to be
98
UN, Special Rapporteur on extrajudicial, summary or arbitrary executions, Philip Alston.. Civil and Political Rights,
Including the Questions of Disappearances and Summary Executions. E/CN.4/2005/7, December 22, 2004, paragraph 57,
available at: http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G05/101/34/PDF/G0510134.pdf?OpenElement
99
UN, Special Rapporteur on extrajudicial, summary or arbitrary executions, Philip Alston.. Civil and Political Rights,
Including the Questions of Disappearances and Summary Executions. E/CN.4/2005/7, December 22, 2004, paragraph 57,
available at: http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G05/101/34/PDF/G0510134.pdf?OpenElement
100
UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment. Mission to
China. E/CN.4/2006/6/Add.6,
March 10, 2006, paragraph 69, available at: http://daccess-ddsny.un.org/doc/UNDOC/GEN/G06/117/50/PDF/G0611750.pdf?OpenElement
101
UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment. Mission to
China. E/CN.4/2006/6/Add.6,
March 10, 2006, note no. 72, available at: http://daccess-ddsny.un.org/doc/UNDOC/GEN/G06/117/50/PDF/G0611750.pdf?OpenElement
102
UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment. Mission to
China. E/CN.4/2006/6/Add.6,
March 10, 2006, recommendation r), available at: http://daccess-ddsny.un.org/doc/UNDOC/GEN/G06/117/50/PDF/G0611750.pdf?OpenElement
103
UN, Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, Report Civil and Political Rights,
including questions of: disappearances and summary executions. E/CN.4/2002/74, January 9, 2002, paragraph 101,
available at: http://www.unhchr.ch/huridocda/huridoca.nsf/(Symbol)/E.CN.4.2002.74.En?Opendocument
104
UN, Office of the High Commission for Human Rights, Compilation prepared by the Office of the High Commission
for Human Rights, in accordance with paragraph 15(b) of the annex to Human Rights Council Resolution 5/1. China.
A/HRC/WG.6/4/CHN/2,
January
6,
2009,
paragraph
16,
available
at:
http://lib.ohchr.org/HRBodies/UPR/Documents/Session4/CN/A_HRC_WG6_4_CHN_2_E.pdf
105
UN, Committee against Torture, Concluding observations, China. CAT/C/CHN/CO/4, December 12, 2008, paragraph
34, available at: http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G08/457/10/PDF/G0845710.pdf?OpenElement