54
Treatment or Punishment.129 In his 2000 report on the follow-up of the visit to China, he again
expressed concern over the use of torture-induced confessions in juridical proceedings.130
159. The CAT, for its part, was troubled by the failure to investigate any episode related to
acts of torture131 and noted that that allegations of torture and/or ill-treatment committed by law
enforcement personnel are seldom investigated and prosecuted.132 The Committee also observed that
some instances of torture involving acts which are considered as “relatively minor offences” can lead to
only disciplinary or administrative punishment.133 This was a concern shared by former Special
Rapporteur Manfred Nowak who spoke of the lack of investigation, prosecution and punishment of
perpetrators of torture.134
160. The failure to investigate is compounded because there are no complaint mechanisms
or independent monitoring mechanism.135 The CAT pointed out that China does not have an effective
mechanism for investigating allegations of torture as required by the Convention.136 Furthermore, the
domestic laws do not offer any process similar to that of habeas corpus or any other legal recourse that
would serve as a means for imprisoned persons to file a claim alleging torture or cruel, inhuman or
degrading treatment.137
161. Former Special Rapporteur Manfred Nowak also noted that most suspects are
interrogated without lawyers,138 which, in the CAT’s view, is a fundamental legal safeguard to prevent
129
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 37, available at: http://daccess-ddsny.un.org/doc/UNDOC/GEN/G06/117/50/PDF/G0611750.pdf?OpenElement
130
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, paragraph 19,
available at: http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A.HRC.13.39.Add%206_EFS.pdf.
131
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
132
UN, Committee against Torture, Concluding observations, China. CAT/C/CHN/CO/4, December 12, 2008, paragraph
31, available at: http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G08/457/10/PDF/G0845710.pdf?OpenElement
133
UN, Committee against Torture, Concluding observations, China. CAT/C/CHN/CO/4, December 12, 2008, paragraph
33, available at: http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G08/457/10/PDF/G0845710.pdf?OpenElement
134
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, paragraph 19,
available at: http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A.HRC.13.39.Add%206_EFS.pdf
135
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, paragraph 19,
available at: http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A.HRC.13.39.Add%206_EFS.pdf
136
UN, Committee against Torture, Concluding observations, China. CAT/C/CHN/CO/4, December 12, 2008, paragraph
20, available at: http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G08/457/10/PDF/G0845710.pdf?OpenElement
137
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 27, available at: http://daccess-ddsny.un.org/doc/UNDOC/GEN/G06/117/50/PDF/G0611750.pdf?OpenElement
138
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 55, available at: http://daccess-ddsny.un.org/doc/UNDOC/GEN/G06/117/50/PDF/G0611750.pdf?OpenElement