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| Chinese Justice System Relies on Torture, U.N. Panel Says | Chinese Justice System Relies on Torture, U.N. Panel Says |
| (about 3 hours later) | |
| GENEVA — Torture remains deeply entrenched in China’s criminal justice system, United Nations experts said Wednesday, calling for an end to the widespread use of secret detention in “black prisons” and to the punishment of lawyers for representing clients. | |
| The United Nations Committee Against Torture delivered its recommendations on Wednesday in a hard-hitting review of China’s claims at a hearing in Geneva last month that it had made progress in combating the practice and promoting the rule of law. | |
| The panel of 10 independent experts welcomed changes undertaken by China since its last appearance in 2008, including amendments to its criminal procedure law that prohibited the use of confessions obtained through torture and required audio or video recordings of interrogations in major cases. It also noted China’s abolition of re-education through labor and changes to a law covering the treatment of refugees. | The panel of 10 independent experts welcomed changes undertaken by China since its last appearance in 2008, including amendments to its criminal procedure law that prohibited the use of confessions obtained through torture and required audio or video recordings of interrogations in major cases. It also noted China’s abolition of re-education through labor and changes to a law covering the treatment of refugees. |
| Yet, “there is a long way to go to reform the criminal justice system in China and somehow the problems are entrenched both in legislation and in practice,” George Tugushi, one of the panel’s two main investigators on China, told journalists in Geneva. | Yet, “there is a long way to go to reform the criminal justice system in China and somehow the problems are entrenched both in legislation and in practice,” George Tugushi, one of the panel’s two main investigators on China, told journalists in Geneva. |
| A spokeswoman for the Chinese Ministry of Foreign Affairs, speaking before the release of the report, said the panel should acknowledge the government’s achievements in protecting citizens’ rights. | A spokeswoman for the Chinese Ministry of Foreign Affairs, speaking before the release of the report, said the panel should acknowledge the government’s achievements in protecting citizens’ rights. |
| “China is fully advancing governance according to the law and has made massive efforts in every aspect, including in fighting torture,” Hua Chunying, the spokeswoman, said at a regular news briefing. “The progress is there for all to see. We hope that the committee can objectively and fairly view and deal with the issues at hand.” | “China is fully advancing governance according to the law and has made massive efforts in every aspect, including in fighting torture,” Hua Chunying, the spokeswoman, said at a regular news briefing. “The progress is there for all to see. We hope that the committee can objectively and fairly view and deal with the issues at hand.” |
| The ministry had no comment after the report was released. | The ministry had no comment after the report was released. |
| The panel expressed regret that China had not put in place recommendations dating from 2009 for providing legal safeguards against torture, concluding that it “is still deeply entrenched in the criminal justice system, which overly relies on confessions as the basis for convictions.” | The panel expressed regret that China had not put in place recommendations dating from 2009 for providing legal safeguards against torture, concluding that it “is still deeply entrenched in the criminal justice system, which overly relies on confessions as the basis for convictions.” |
| Moreover, the panel expressed concern over amendments to the criminal procedure law that now permit holding people under “residential surveillance” for up to six months for undefined crimes of endangering state security. | Moreover, the panel expressed concern over amendments to the criminal procedure law that now permit holding people under “residential surveillance” for up to six months for undefined crimes of endangering state security. |
| In successive reviews, the committee had expressed concerns about the practice of holding people in unofficial and secret “black prisons,” where they were particularly vulnerable to abuse. The amendment allowing so-called residential surveillance was in fact legitimizing secret detention, said Jens Modvig, the second of the panel’s investigators on China. | In successive reviews, the committee had expressed concerns about the practice of holding people in unofficial and secret “black prisons,” where they were particularly vulnerable to abuse. The amendment allowing so-called residential surveillance was in fact legitimizing secret detention, said Jens Modvig, the second of the panel’s investigators on China. |
| The committee said it was “deeply concerned about the unprecedented detention and interrogation” of a reported 200 lawyers since July, including 25 who are reportedly still held under residential surveillance in an unknown location, and four others were simply unaccounted for. | The committee said it was “deeply concerned about the unprecedented detention and interrogation” of a reported 200 lawyers since July, including 25 who are reportedly still held under residential surveillance in an unknown location, and four others were simply unaccounted for. |
| The crackdown “follows a series of other reported escalating abuses on lawyers for carrying out their professional responsibilities, particularly on cases involving government accountability and issues such as torture, defense of human rights activists and religious practitioners,” the panel said. | The crackdown “follows a series of other reported escalating abuses on lawyers for carrying out their professional responsibilities, particularly on cases involving government accountability and issues such as torture, defense of human rights activists and religious practitioners,” the panel said. |
| It went on to bluntly rebut China’s assertion that accusations of cruel treatment of Tibetans and other minorities were groundless. It had credible reports from numerous sources that documented in detail cases of torture, deaths in custody, arbitrary detention and disappearances of Tibetans. The panel said it also remained concerned over the continued threats and intimidation aimed at human rights defenders, lawyers, political dissidents and members of religious or ethnic minorities. | |
| On this and many other issues relating to torture and deaths in custody, including those of Cao Shunli in 2014, and a Tibetan Buddhist leader, Tenzin Delek Ripoche this year, the panel pointed out that China had failed to produce information that it requested. | On this and many other issues relating to torture and deaths in custody, including those of Cao Shunli in 2014, and a Tibetan Buddhist leader, Tenzin Delek Ripoche this year, the panel pointed out that China had failed to produce information that it requested. |
| Such stonewalling is nothing new, human rights groups report. “China now engages in trying to limit what the committee can examine and what it addresses,” Felice Gaer, the committee’s vice chairwoman, said in an interview. “They really take the view that procedure is substance and they prioritize cooperation, not compliance.” | Such stonewalling is nothing new, human rights groups report. “China now engages in trying to limit what the committee can examine and what it addresses,” Felice Gaer, the committee’s vice chairwoman, said in an interview. “They really take the view that procedure is substance and they prioritize cooperation, not compliance.” |
| Mr. Tugushi said he hoped that the report would “push forward towards positive change” in China. “We remain optimistic in that respect,” he said. | Mr. Tugushi said he hoped that the report would “push forward towards positive change” in China. “We remain optimistic in that respect,” he said. |
| But international pressure is unlikely to shift the Chinese government’s position, Zhang Xuezhong, an outspoken lawyer based in Shanghai, said in a telephone interview, adding, “It seems they’re taking a harder line against external pressure.” | |
| External criticism gives heart to domestic opponents of China’s tightening restrictions on citizens rights, said Mr. Zhang, who was sidelined from his lecturing job at the East China University of Political Science and Law after repeatedly criticizing the government’s tightening grip on expression and political life, but “the impact on the Chinese government should not be overestimated.” | External criticism gives heart to domestic opponents of China’s tightening restrictions on citizens rights, said Mr. Zhang, who was sidelined from his lecturing job at the East China University of Political Science and Law after repeatedly criticizing the government’s tightening grip on expression and political life, but “the impact on the Chinese government should not be overestimated.” |
| Still, the committee continued to push the Chinese government to limit the often lengthy period for which detainees are held in police custody and to ensure prisoners access to lawyers. It also called on China to provide details of the number of cases of torture and ill treatment and the measures taken to hold those responsible to account. | |
| In particular, the committee urged China to declassify information relating to torture that is withheld under the state secrets law. | |
| “We have clearly seen the Chinese government try to manipulate these reviews to make them less critical, and it’s extraordinarily important that the committee rejected those efforts,” said Sophie Richardson, the China director at Human Rights Watch. “You couldn’t get a more thoroughgoing critique of the scope of torture in China than by reading that document. It’s remarkable.” | “We have clearly seen the Chinese government try to manipulate these reviews to make them less critical, and it’s extraordinarily important that the committee rejected those efforts,” said Sophie Richardson, the China director at Human Rights Watch. “You couldn’t get a more thoroughgoing critique of the scope of torture in China than by reading that document. It’s remarkable.” |