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

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