Skip to content Skip to navigation

Excerpts from China’s Responses to the Committee Against Torture’s List of Issues

The UN Committee Against Torture will review China on November 17 and 18 in Geneva for its compliance with the Convention Against Torture. Here are short excerpts from China’s responses to the Committee’s List of Issues in advance of the review. 

October 2015

[English translation by Human Rights in China]

Full version of China’s Responses to the Committee Against Torture’s List of Issues

Concerning Article 2, Convention Against Torture

Para 3 (Committee Against Torture’s List of Issues)

According to Chinese law, public security organs must not use state secrets (guojia jimi) as a basis for detention of unlimited duration, and reports from which this question has been derived are untrue.
根据中国法律,公安机关不得以涉及国家机密为由无限期拘留,问题中所引的报告不实。


Detainees’ rights to life and health are fully guaranteed through the active promotion of the socialization of medical treatment and health care, hospitals establishing outpatient clinics or hospitals inside detention centers, doctors conducting cell rounds at fixed intervals, prompt medical treatment for ill persons in detention, and prompt transportation of the seriously ill to hospitals for treatment.
通过积极推行医疗卫生社会化,由医院在看守所设立门诊或医院,医生定期在监室巡诊,对患病在押人员及时医治,病情严重的及时送医院治疗,充分保障在押人员的生命健康权益。


In practice, public security organs undertake investigative activities in strict accordance with the Criminal Procedure Law and Procedural Regulations on the Handling of Criminal Cases by Public Security Organs, safeguarding lawyers’ practice rights in accordance with the law, not permitting violations of criminal suspects’ rights to have the assistance of a lawyer or to meet with a lawyer
实践中,公安机关严格按照《刑事诉讼法》和《公安机关办理刑事案件程序规定的要求》依法开展侦查活动,依法保障律师的执业权利,不允许侵犯犯罪嫌疑人获得律师帮助或律师会见犯罪嫌疑人的权利,


“Reports” that some so-called “holders of different political views” have been forbidden from having contact with the outside world and detained for periods exceeding three months and have been “tortured” are untrue.
所谓一些“持不同政见者”被实施了禁止与外界接触的羁押超过3个月和遭受“酷刑”的“报告”不属实。


Para 4

(2) Chinese lawyers are an important force in implementing the basic strategy of ruling the country by law and in the construction of a rule-of-law state. The Chinese government has always attached great importance to this role of lawyers, continuously strengthening and improving the system for lawyers.
(2)中国律师是落实依法治国基本方略、建设法治国家的一支重要力量。中国政府一直高度重视律师的这一作用,不断加强和完善律师制度。


In 2007, the Lawyers Law, promulgated 11 years prior, was amended (with adopted amendments taking effect on June 1, 2008) to:  . . . enhance safeguards for lawyers’ practice rights and independence, including: clearly stipulating that lawyers carrying out their work in accordance with the law have the protection of the law, that no organization or individual may infringe upon the lawful rights and interests of a lawyer, and that lawyers engaged in professional activities shall not have their personal rights infringed upon  . . .
2007年对已颁布实施11年的《律师法》加以修订(通过的修订案于2008年6月1日正式实施),……是充实律师执业权利和独立性保障内容,包括:明确规定律师依法执业受法律保护,任何组织和个人不得侵害律师的合法权益,律师在执业活动的人身权利不受侵犯……


China’s lawyers will inevitably play a bigger role in the promotion of rule of law, and in defending parties’ lawful rights and interests and social equity and justice.
中国律师在促进法治、维护当事人合法权益和社会公平正义方面必将发挥更大作用。


Art. 37 [of the Lawyers Law] stipulates that the personal rights of lawyers engaged in professional activities are not to be violated. China has always encouraged and supported lawyers in performing their duties in accordance with the law and engaging in professional practice in accordance with law, and does not permit what is called “retaliation” against lawyers who are engaged in normal professional practice.
第37条规定,律师在执业活动中的人身权利不受侵犯。中国一向鼓励、支持律师依法履行职责,依法执业,不允许对律师正常执业进行所谓“报复”。


Para 10

Detention centers have established epidemic prevention and health systems. Ill detainees may obtain prompt and free treatment and services. Detention centers protect the lawful rights and interests of detainees in accordance with the law. Detainees may obtain prompt and free legal aid. Detention centers carry out detentions strictly according to the detention and examination time limits determined by relevant departments in accordance with the law.
拘留所建立有卫生防疫制度,患病被拘留人能够获得及时和免费的治疗和服务。拘留所依法保障被拘留人合法权益,被拘留人能够获得及时和免费的法律援助。拘留所严格按照有关部门依法决定的拘留审查期限执行拘留。


Article 10

Para 14

Law enforcement organs and the judiciary welcome and seriously listen to social organizations’ ideas and recommendations, and accept public supervision.
执法机关和司法机关欢迎并认真听取社会团体提出的意见和建议,接受社会监督。


Article 11

Para 15

Where a prisoner dies of illness, the prison shall issue a medical appraisal. Where the procuratorate has doubts about the prison’s medical appraisal, it may issue a new appraisal as to the cause of death. Where the family of the prisoner has doubts, they may submit them to the procuratorate.
罪犯因病死亡的,由监狱作出医疗鉴定。检察院对监狱的医疗鉴定有疑义的,可以重新对死亡原因作出鉴定。罪犯家属有疑义的,可以向检察院提出。


Art. 27 of China’s Detention Center Regulations stipulates that the death of a detainee in detention should be immediately reported to the procuratorate and the organ handling the case, and an appraisal of the cause of death shall be issued by the forensic investigator or a doctor, and notification shall be made to the families of the deceased.
中国《看守所条例》第27条规定,在押人员在羁押期间死亡的,应当立即报告检察院和办案机关,由法医或者医生作出死亡原因的鉴定,并通知死者家属。


Where the procuratorate organizes for an autopsy, it should notify the close relatives of the deceased detainee to be present [during the autopsy], and invite individuals unrelated to the case or lawyers engaged by the relatives of the deceased to witness [the autopsy].Where the procuratorate appoints another institution that has been verified by judicial authorities as having full forensic evaluation capacity to conduct the autopsy, it should seek the input of the close relatives of the deceased detainee; and where the close relatives of the deceased detainee suggest an alternative institution that has been verified by judicial authorities as having full forensic evaluation capacity to conduct the autopsy, the procuratorate should permit this.
检察院组织进行尸检的,应当通知死亡在押人员的近亲属到场,并邀请与案件无关的人员或者死者近亲属聘请的律师到场见证。检察院委托其他具有司法鉴定资质的机构进行尸检的,应当征求死亡在押人员的近亲属的意见;死亡在押人员的近亲属提出另行委托具有司法鉴定资质的机构进行尸检的,检察院应当允许。


Para 16

China has not found any problems of relevant departments depriving detainees of their right to timely and adequate medical treatment as a form of retaliation.
中国没有发现有关机关以剥夺在押人员及时和充分的医护权利作为报复手段的问题。


Criminal suspects and criminals are entitled, by law, to the right to timely medical treatment; detention centers and prisons are all outfitted with the necessary medical equipment and commonly-used drugs; they establish health records of persons in custody, record their health conditions, and ensure that sick people can get timely treatment. At the same time, China’s prisons generally operate as an open system with regard to prison affairs and accept supervision from prisoners and their families.
犯罪嫌疑人和罪犯依法享有及时治疗的权利,看守所和监狱都配备必要的医疗器械和常用药品,建立在押人员健康档案,记录在押人员健康状况,确保患病人员能够得到及时治疗。同时,中国的监狱普遍推行狱务公开制度,接受罪犯和家属的监督。


Gao Zhisheng (高智晟) was released in August 2014 after serving his full prison term . . . . All judicial organs, including public security organs, ensure the aforementioned person['s] right to medical treatment in accordance with the law and guarantee that their health condition is not unlawfully harmed.
高智晟已于2014年8月刑满释放……对于上述人员,包括公安机关在内的司法机关均依法保障其医疗权,并确保其健康状况不受非法损害。


Para 18

Chinese law strictly prohibits unlawful detention, takes severe measures against it, and prohibits individuals from establishing private places of detention  . . . .
中国法律禁止非法拘留行为,严厉打击和取缔个人私设羁押场所……


Para 19

During the period of detention in solitary confinement, disciplinary police shall speak [with the detainee] daily, to inquire about the situation. To strengthen medical treatment work, doctors shall do morning and afternoon rounds daily, inquiring about the health situation of [those in solitary confinement], conduct physical health checkups at 24 hour intervals of each person in solitary confinement, to confirm whether it is suitable to continue solitary confinement. Four, guaranteeing, in accordance with the law, that persons in solitary confinement have normal meals, rest, and outdoor activities.
在押人员在单独关押期间。管教民警每日谈话,了解情况。加强医疗工作,医生每日上、下午各巡诊一次,了解其身体健康状况,每隔24小时对被单独关押人员进行一次身体健康检查,确认其是否继续适用单独关押。四是依法保证单独关押人员的正常饮食、休息、室外活动等。


Persons detained in solitary confinement may make an appointment with the procuratorial staff stationed within a detention center to make an appeal.
被单独关押的在押人员可以约见驻所检察官进行申诉。


Articles 12 & 13

Para 24

The so-called “harvesting of organs of Falun Gong practitioners” is a rumor entirely fabricated by Falun Gong. On the contrary, it is precisely these preposterous and evil tales fabricated by Falun Gong that are exerting mind control on [Falun Gong practitioners] and causing a large number of fanatical followers to commit self-mutilations and suicide.
所谓“中国摘取‘法轮功’练习者器官”完全是“法轮功”杜撰的谣言。相反,正是“法轮功”编造歪理邪说,实施精神控制,导致大量痴迷者自残、自杀。


Para 27

Chinese citizens will not be detained because they disagree with official policies, and related accusations are untrue. Any detainees are entitled to legal safeguards and humane treatment while in custody. The following are the statuses of persons we have made inquiries about at the present time:
中国公民不会因与官方政策有分歧而被拘留,相关指控并不属实。任何被拘留者在押期间均享有法律保障和人道待遇。以下是目前我们查询到的有关人员的情况:


[S]o-called “arbitrary arrest and detention of relevant persons,” “opening fire indiscriminately resulting in death,” “excessive use of force in the course of suppressing marches and demonstrations,” “relevant detainees being subjected to torture,” and other remarks are distortions of the facts.
所谓“随意逮捕、拘禁相关人员”、“不加区分地开火导致死亡”、“镇压游行示威过程中过度使用武力”、“有关被拘留人员遭受酷刑”等言论属歪曲事实。


Para 29

(3) Upon receiving allegations of torture, Chinese authorities immediately commence investigations, interview victims and their families, provide necessary physical examinations and psychological consultations and treatment, etc.; where it is verified that there is torture, the perpetrator is investigated for legal responsibility in accordance with the law, and compensation is made to the victim, including payment of compensation money, eliminating the impact on the victims, restoring their reputation, a formal apology, as well as payment of related consolation money for psychological harm.
(3)一经收到酷刑指控,中国主管机关立即开展调查,对受害人及家属进行问询,必要的身体检查和心理咨询治疗等,对查实确有酷刑的,对施害人依法追究责任,对受害人给予赔偿,包括支付赔偿金、为受害人消除影响、恢复名誉、赔礼道歉以及支付相应的精神损害抚慰金等。


Para 30

[T]here are no situations where the handling of cases exceeded the effective time limit due to so-called [official] inaction.
不存在所谓的因不作为导致超出时效的情况。


Article 16

Para 34

The lawful rights and interests of Chinese citizens are safeguarded by law. Government acts of intimidation and reprisals against citizens do not exist in China.
中国公民的合法权利受到法律保障。中国不存在政府对公民的恐吓及报复行为。


Liu Xiaobo’s wife, Liu Xia (刘霞), is not under house arrest and no legal coercive measures have been taken [against her].
刘晓波之妻刘霞没有被软禁以及采取任何法律强制措施。


The masses putting forward their individual appeals by means of petition is a right conferred to citizens by the Constitution and the law, and receives protection in accordance with the law. Unlawfully restricting the personal freedom of petitioners is prohibited by law.
群众通过信访形式提出个人诉求,是《宪法》和法律赋予公民的权利,依法受到保护。非法限制信访人人身自由的行为,是法律所不允许的。


Para 36

(1) All Chinese citizens are equal before the law and equally protected by the law. Regardless of whom their target is, those suspected of committing criminal acts such as “extracting a confession under torture,”  “obtaining evidence by violence,” or “maltreatment of persons in custody” are all strictly dealt with by China’s procuratorial organs in accordance with legal procedures. This is a consistent judicial practice.
(1)中国公民法律面前一律平等,受到法律的同等保护,无论针对谁,只要涉嫌实施刑讯逼供、暴力取证或虐待被监管人等犯罪行为,中国检察机关一律严格按照法定程序处理,这是司法实践的一贯做法。

Explore Topics

Access to Information Access to Justice Administrative Detention Arbitrary Detention Asset Transparency Bilateral Dialogue
Black Jail Book Review Business And Human Rights Censorship Children Chinese Law
Chinese People's Political Consultative Conference (CPPCC) Citizen Activism Citizen Journalists Citizen Participation Civil Society Communist Party Of China
Consumer Safety Corruption Counterterrorism Cultural Revolution Culture Matters Current and Political Events
Cyber Security Daily Challenges Democratic And Political Reform Demolition And Relocation  Dissidents Economic Reform
Education Enforced Disappearance Environment Ethnic Minorities EU-China Family Planning
Farmers Freedom of Association Freedom of Expression Freedom of Press Freedom of Religion Government Accountability
Government regulation Government transparency Great Leap Forward Heilongjiang Lawyers’ Detention Historical Anecdotes History/Experience
Hong Kong House Arrest House Church Hukou Human Rights Council Human rights updates
Ideological Contest Illegal Search And Detention Inciting Subversion Of State Power Information Control  Information monitoring Information technology
Information, Communications, Technology (ICT) International Covenant on Civil and Political Rights (ICCPR) International Engagement  International Human Rights International Investment  International Relations
International Trade International Window Internet Internet Governance Judicial Reform June Fourth
Kidnapping Labor Camps Labor Rights Land, Property, Housing Lawyer's rights Lawyers
Legal System Legal World Letters from the Mainland Major Event (Environment, Food Safety, Accident, etc.) Mao Zedong Microblogs (Weibo)
National People's Congress (NPC) New Citizens Movement Non-Governmental Organization (NGO) Olympics Online Activism Open Government Information
Personal Story Persons With Disabilities Police Brutality Political commentary Political Prisoner Politics
Prisoner Of Conscience Propaganda Protests And Petitions Public Appeal Racial Discrimination Reeducation-Through-Labor
Rights Defenders Rights Defense Rule Of Law Southern Street Movement Southern Weekly Special Topic
State compensation State Secrets State Security Subversion Of State Power Surveillance Taiwan
Technology Thoughts/Theories Tiananmen Mothers Tibet Torture Typical cases
United Nations Uyghurs, Uighurs Vulnerable Groups Women Xinjiang Youth
Youth Perspective