57
167. Amnesty International also pointed out that “[d]etainees’ access to their families and
legal representatives is limited, discretionary and conditional.”157 Other nongovernmental organizations
maintained that there is no right to access a lawyer before the initial interrogation158 and that the
repression and harassment of lawyers who take on “sensitive” cases has increased, many of whom lose
their licenses to practice law, are targeted, detained and even convicted of various crimes.159
168. Compounding the problem is the fact that the courts ignore complaints of persons on
trial being tortured.160 Nongovernmental organizations observed that [p]erpetrators of torture are
rarely suspended, indicted or held legally accountable.161 In practice, the punishment against
perpetrators of torture is very light in comparison to the gravity of the crime. 162 They also report that
police retain full control over the recordings of interrogations and in cases where torture has been used
the tapes tend to go missing.163
IV.
THE LAW
A.
Preliminary observations
169. Before going into the legal issues in this report, the Commission must begin by
observing that it regards extradition as an important tool in combating impunity and as a means through
which States are able to collaborate on the question of justice. The Inter-American Court, for its part,
has repeatedly written about the importance of extradition,164 observing that “[i]t is in the interests of
157
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. 4, available at:
http://www2.ohchr.org/english/bodies/cat/docs/ngos/AI_China_41.pdf
158
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
159
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, pp. 43-44,
available at: http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A.HRC.13.39.Add%206_EFS.pdf
160
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. 42,
available at: http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A.HRC.13.39.Add%206_EFS.pdf
161
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. 39, available
at: http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A.HRC.13.39.Add%206_EFS.pdf
162
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
163
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. 41,
available at: http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A.HRC.13.39.Add%206_EFS.pdf
164
I/A Court H.R. Case of Goiburú et al. v. Paraguay. Merits, Reparations and Costs. Judgment of September
22, 2006. Series C No. 153, Paragraph 132; Case of La Cantuta v. Peru. Merits, Reparations and Costs. Judgment of
November 29, 2006. Series C No. 162, paragraphs 159 and 160; Case of the Ituango Massacres v. Colombia. Supervision of
Compliance with the Judgment. Order of the Inter-American Court of Human Rights, July 7, 2009, Consideranda 19, and
Case of the Mapiripán Massacre v. Colombia. Supervision of Compliance with the Judgment. Order of the Inter-American
Court of Human Rights. July 8, 2009, Consideranda 40 and 41.