49
whether the right to life of the accused in the habeas corpus was threatened or not in case the
91
request for extradition proceed .
141. The information available indicates that as of the date of issuance of this report, Mr.
Wong Ho Wing is still being deprived of his liberty, and the Executive Branch has not yet produced the
supreme resolution pertaining to the extradition request.
D.
Public relevant information to the analysis of an extradition request from the People’s
Republic of China
142. In this section the Commission will consider the information published by the United
Nations committees and thematic rapporteurships, its Office of the High Commissioner for Human
Rights and nongovernmental organizations.
1.
Regarding death penalty
143. In its 2008 concluding comments on China, the CAT regretted that the specific figures on
the death penalty are not made public.92 It highlighted the lack of comprehensive and disaggregated
data on the complaints, investigations, trials and convictions in death penalty cases,93 a concern shared
by the Committee for the Elimination of Racial Discrimination in its 2001 observations on China.94 In a
compilation done in 2009 for the universal periodic review on China, the Office of the United Nations
High Commissioner for Human Rights expressed concern at the fact that China did not publish statistics
on the application of the death penalty in China.95
144. On this same subject, former Special Rapporteur Manfred Nowak noted that the lack of
official statistics on the application of the death penalty contributes to the perception of secrecy.96 For
his part, the former Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, Philip Alston,
observed that for a Government to insist on a principled defence of the death penalty but to refuse to
divulge to its own population the extent to which, and the reasons for which, it is being applied is
unacceptable.97
91
Annex 69. Resolution of the Constitutional Court of March 12, 2013.
92
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
93
UN, Committee against Torture, Concluding observations, China. CAT/C/CHN/CO/4, December 12, 2008, paragraph
17, available at: http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G08/457/10/PDF/G0845710.pdf?OpenElement
94
UN, Committee against Torture, Concluding observations, China. A/56/18, August 9, 2001, paragraph 250,
disponible en: http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G01/446/43/PDF/G0144643.pdf?OpenElement
95
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
96
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
97
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 59,
available at: http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G05/101/34/PDF/G0510134.pdf?OpenElement