56 who might be in a position to inflict torture or other ill-treatment.147 In a 2012 brief to the former Special Rapporteur Manfred Nowak, several nongovernmental organizations reported that by including only a list of situations that amount to torture and ill-treatment, other torture methods risk to fall outside the law.148 165. Furthermore, as a number of nongovernmental organizations observed even in the context of the universal periodic review of China in 2009,149 the use of evidence obtained through torture continues to be admissible and is still being used in judicial proceedings.150 In its January 2012 world report, Human Rights Watch pointed out that judicial proceedings are disproportionately based on the defendants’ torture-induced confessions.151 Amnesty International has also said that China’s domestic laws do not explicitly prohibit the use of confessions obtained by torture or cruel, inhuman or degrading treatment.152 166. As for detention conditions and judicial guarantees as part of due process, Human Rights Watch reported a series of deaths among detainees from unnatural causes, mainly mistreatment and beatings by security forces.153 It underscored that the police dominate the criminal justice system,154 and that latter does not enjoy either autonomy or independence vis-à-vis the government.155 The result is police and prosecutorial interference that obstructs an effective legal defense, particularly in politically sensitive cases.156 147 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. 1, available at: http://www2.ohchr.org/english/bodies/cat/docs/ngos/AI_China_41.pdf 148 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. 38, available at: http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A.HRC.13.39.Add%206_EFS.pdf 149 UN, Office of the High Commissioner 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 15, available at: http://lib.ohchr.org/HRBodies/UPR/Documents/Session4/CN/A_HRC_WG6_4_CHN_2_E.pdf 150 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, page 41, available at: http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A.HRC.13.39.Add%206_EFS.pdf 151 Human Rights Watch, World Report 2012, 2011 Events. http://www.hrw.org/sites/default/files/related_material/china_2012_0.pdf China, p. 2, available at: 152 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. 16, available at: http://www2.ohchr.org/english/bodies/cat/docs/ngos/AI_China_41.pdf 153 Human Rights Watch, Promises Unfulfilled: An assessment of China’s National Human Rights Action Plan, 2011, p. 16, available at: http://www.hrw.org/sites/default/files/reports/china0111webwcover.pdf 154 Human Rights Watch, World Report 2012. 2011 Events. http://www.hrw.org/sites/default/files/related_material/china_2012_0.pdf China, p. 2, available at: 155 Human Rights Watch, Promises Unfulfilled: An assessment of China’s National Human Rights Action Plan, 2011, pp. 26-27, available at: http://www.hrw.org/sites/default/files/reports/china0111webwcover.pdf 156 Human Rights Watch, Promises Unfulfilled: An assessment of China’s National Human Rights Action Plan, 2011, pp. 26-27, available at: http://www.hrw.org/sites/default/files/reports/china0111webwcover.pdf

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