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

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