52
also contend that the vague concept of State Secret is used extensively and arbitrarily to deny access to
legal representation, access to case files and to hold trials in camera.115
152. Amnesty International also observed that death penalty cases tend to be flawed with
irregularities such as 1) the lack of prompt access to lawyers; ii) a lack of presumption of innocence; iii)
political interference in the judiciary, and iv) the failure to exclude evidence extracted through
torture.116 Likewise, other nongovernmental organizations reported that 1) death row prisoners are
prevented from having their farewell visits with families; ii) the appeals process in death penalty cases is
closed to outside observers, and iii) the death penalty is still being administered for non-violent
crimes.117
153. Finally, Amnesty International underscored the fact that Chinese authorities have been
active abroad, seeking detention and deportation of Chinese citizens who have fled the country,
including some who have requested asylum in other countries or whose refugee status has been
recognized.118 It also observed that those who have been returned to China from abroad are in great
danger of becoming victims of torture and cruel, inhuman or degrading treatment.119
2.
Regarding the possible application of torture, cruel and inhumane treatment and
other aspects of due process
154. The United Nations Committee against Torture (CAT), in its final comments on China in
2008, and the former Special Rapporteur on torture and other cruel, inhuman or degrading treatment
or punishment, Manfred Nowak, on his 2005 visit to China,121 addressed the problems with the laws and
regulations on the subject of torture, particularly the fact that they do not make reference to some of
the basic elements constituting torture.
120
155. Former Special Rapporteur Manfred Nowak confirmed that the following are among the
various methods of torture used in China: i) beatings with sticks and batons; ii) the use of electric shock
115
UN, Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Follow-up
to the recommendations made by the Special Rapporteur. China. A/HRC/13/39/Add.6, February 26, 2010, p.. 43,
available at: http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A.HRC.13.39.Add%206_EFS.pdf
116
Amnesty International, The Death Penalty in Asia in 2008, available at: http://www.amnesty.org/en/deathpenalty/death-sentences-and-executions-in-2008/asia
117
UN, Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Follow-up
to the recommendations made by the Special Rapporteur. China. A/HRC/13/39/Add.6, February 26, 2010, p. 45,
available at: http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A.HRC.13.39.Add%206_EFS.pdf
118
Amnesty International. People's Republic of China, Briefing for the Committee against Torture in advance of their
consideration of China's fourth periodic report, 3-21 November 2008, p. 12, available at:
http://www2.ohchr.org/english/bodies/cat/docs/ngos/AI_China_41.pdf
119
Amnesty International. People's Republic of China, Briefing for the Committee against Torture in advance of their
consideration of China's fourth periodic report, 3-21 November 2008, p. 12, available at:
http://www2.ohchr.org/english/bodies/cat/docs/ngos/AI_China_41.pdf
120
UN, Committee against Torture, Concluding observations, China. CAT/C/CHN/CO/4, December 12, 2008, paragraph
32, available at: http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G08/457/10/PDF/G0845710.pdf?OpenElement
121
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 17, available at: http://daccess-ddsny.un.org/doc/UNDOC/GEN/G06/117/50/PDF/G0611750.pdf?OpenElement