51
shackled 24 hours a day, which amounts to cruel, inhuman and degrading treatment.106 During his visits
to several prisons in China, former Special Rapporteur Manfred Nowak observed that those sentenced
to death are handcuffed and shackled with leg irons, which in his view was an inhuman and degrading
practice as it is an additional form of punishment.107 The CAT also observed that it has reports of organs
being removed from people on death row without their giving their free and informed consent.108
149. Within United Nations, this remains a troubling picture to this day. In her opening
address at the XXI Session of the Human Rights Council in 2012, the United Nations High Commissioner
for Human Rights expressed concern over the recent executions of persons sentenced to the death
penalty in China.109
150. Additionally, non-governmental organizations have approach to this issue. In that sense,
both Human Rights Watch110 and Amnesty International111 indicate that the statistics on the application
of the death penalty are classified as a State secret. Nevertheless, Human Rights Watch estimated that
between five and eight thousand are executed every year.112 This would put China at the top of the list
of countries that most use the death penalty.113
151. In the context of the universal periodic review on China done in 2009, the
nongovernmental organizations reported that by classifying the statistics on the death penalty as a State
secret, China prevents them from monitoring the true extent of the use of the death penalty.114 They
106
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
107
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 68, available at: http://daccess-ddsny.un.org/doc/UNDOC/GEN/G06/117/50/PDF/G0611750.pdf?OpenElement
108
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
109
UN, Opening Statement by Ms. Navi Pillay, United Nations High Commissioner for Human Rights to the Human
Rights
Council
21st
Session,
September
10,
20112,
available
at:
http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=12486&LangID=e
110
Human Rights Watch, Promises Unfulfilled: An assessment of China’s National Human Rights Action Plan, 2011, p.
24, available at: http://www.hrw.org/sites/default/files/reports/china0111webwcover.pdf
111
Amnesty International, Death Sentences and executions 2011, 2010,
http://www.amnesty.org/en/library/asset/ACT50/001/2012/en/241a8301-05b4-41c0-bfd92fe72899cda4/act500012012en.pdf.
112
Human Rights Watch, World Report 2012, 2011 Events.
http://www.hrw.org/sites/default/files/related_material/china_2012_0.pdf
China,
p.
p.
8,
available
at:
3,
available
at:
113
Human Rights Watch, Promises Unfulfilled: An assembly of China’s National Human Rights Action Plan, 2011, p. 25,
available at: http://www.hrw.org/sites/default/files/reports/china0111webwcover.pdf
114
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
13,
available
at:
http://lib.ohchr.org/HRBodies/UPR/Documents/Session4/CN/A_HRC_WG6_4_CHN_2_E.pdf