56
who might be in a position to inflict torture or other ill-treatment.147 In a 2012 brief to the former
Special Rapporteur Manfred Nowak, several nongovernmental organizations reported that by including
only a list of situations that amount to torture and ill-treatment, other torture methods risk to fall
outside the law.148
165. Furthermore, as a number of nongovernmental organizations observed even in the
context of the universal periodic review of China in 2009,149 the use of evidence obtained through
torture continues to be admissible and is still being used in judicial proceedings.150 In its January 2012
world report, Human Rights Watch pointed out that judicial proceedings are disproportionately based
on the defendants’ torture-induced confessions.151 Amnesty International has also said that China’s
domestic laws do not explicitly prohibit the use of confessions obtained by torture or cruel, inhuman or
degrading treatment.152
166. As for detention conditions and judicial guarantees as part of due process, Human
Rights Watch reported a series of deaths among detainees from unnatural causes, mainly mistreatment
and beatings by security forces.153 It underscored that the police dominate the criminal justice system,154
and that latter does not enjoy either autonomy or independence vis-à-vis the government.155 The result
is police and prosecutorial interference that obstructs an effective legal defense, particularly in
politically sensitive cases.156
147
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. 1, available at:
http://www2.ohchr.org/english/bodies/cat/docs/ngos/AI_China_41.pdf
148
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. 38,
available at: http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A.HRC.13.39.Add%206_EFS.pdf
149
UN, Office of the High Commissioner 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
15,
available
at:
http://lib.ohchr.org/HRBodies/UPR/Documents/Session4/CN/A_HRC_WG6_4_CHN_2_E.pdf
150
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, page 41,
available at: http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A.HRC.13.39.Add%206_EFS.pdf
151
Human Rights Watch, World Report 2012, 2011 Events.
http://www.hrw.org/sites/default/files/related_material/china_2012_0.pdf
China,
p.
2,
available
at:
152
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. 16, available at:
http://www2.ohchr.org/english/bodies/cat/docs/ngos/AI_China_41.pdf
153
Human Rights Watch, Promises Unfulfilled: An assessment of China’s National Human Rights Action Plan, 2011, p.
16, available at: http://www.hrw.org/sites/default/files/reports/china0111webwcover.pdf
154
Human Rights Watch, World Report 2012. 2011 Events.
http://www.hrw.org/sites/default/files/related_material/china_2012_0.pdf
China,
p.
2,
available
at:
155
Human Rights Watch, Promises Unfulfilled: An assessment of China’s National Human Rights Action Plan, 2011, pp.
26-27, available at: http://www.hrw.org/sites/default/files/reports/china0111webwcover.pdf
156
Human Rights Watch, Promises Unfulfilled: An assessment of China’s National Human Rights Action Plan, 2011, pp.
26-27, available at: http://www.hrw.org/sites/default/files/reports/china0111webwcover.pdf