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

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