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05 May 2000
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CAT
24th Session
5 May 2000
Afternoon
Hears China’s Response to Questions Raised by Experts
The Committee against Torture this afternoon offered its conclusions and recommendations on the report of Poland, noting that in spite of the efforts of the State party, some drastic acts of aggressive behaviour by police officers continued to occur, which had resulted in death in some instances.
The Committee was also concerned about the persistence in the army of the practice of the so-called "fala", whereby new recruits were subjected to abuse and humiliation. It recommended, among other things, that Poland should introduce an effective and reliable complaint system that would allow the victims of torture and other forms of cruel, inhuman or degrading treatment or punishment to file complaints.
The Committee noted with satisfaction the impressive and successful efforts made by the State party that had led to a major transformation in the political, social, economic, legislative and institutional spheres in Poland. It noted in particular the adoption of the new Constitution and the abolition of the death penalty, among other things.
Also this afternoon, the Committee heard the response of a Government delegation from China to the questions raised by its experts during a meeting yesterday in which China’s third periodic report was considered.
The delegation of China, headed by Qiao Zonghuai, Permanent Representative of China to the United Nations Office at Geneva, said that Falun Gong had all the salient features of a cult, such as secret association, hierarchical structure, mind control, fabricating heretical ideas, amassing money and endangering society. Falun Gong had caused the death of over 1,500 victims in China, far more than the death toll of 1,000 caused by the cult "Restoration of God's Ten Commandments" in Uganda.
China’s delegation also said that the allegation that the Government applied torture in areas inhabited by minorities was groundless; and the allegation that over 90 per cent of prisoners in Xinjiang were tortured and that nuns in the prisons in Tibet were raped was not worth refuting.
China and Poland are among the 119 States parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and as such they must submit periodic reports to the Committee on their efforts to comply with the terms of the treaty.
China will return to the Committee at 3 p.m. on Tuesday, 9 May, to hear the Committee's conclusions and recommendations on its third periodic report
When the Committee reconvenes at 3 p.m. on Monday, 8 May, in a public session, it will offer its conclusions and recommendations on the report of Portugal in the presence of a Government delegation. It will also hear the response of the Government of Paraguay to the queries put by Committee experts this morning.
The second periodic report of Armenia which had been scheduled for consideration next Monday has been postponed until the next session of the Committee.
Conclusions and Recommendations on the Report of Poland
SAYED KASSEM EL MASRY, the Committee expert who served as rapporteur to the report of Poland, read out the Committee's conclusions and recommendations.
The Committee noted with satisfaction the impressive and successful efforts made by the State party that had led to a major transformation in the political, social, economic, legislative and institutional spheres in Poland. It noted in particular the adoption of the new Constitution and its entering into force on 17 October 1997 and the abolition of the death penalty, among other things.
The Committee was concerned that the amendments of the domestic legislation did not contain any provisions for the prosecution and punishment of those guilty of the crime of torture, as required by article 1 and 4 of the Convention. It was also concerned about the fact that the new penal code did not introduce any substantial change regarding orders of the superiors when they were invoked as justification of torture. According to existing legislation, criminal responsibility of the recipient of the order was based on his awareness of the criminal nature of the command.
Further, the new penal code did not include the "danger of exposure to torture" as one of the grounds for the refusal of extradition as was required by article 3 of the Convention. The Committee noted that, in spite of the efforts of the State party, some drastic acts of aggressive behaviour by police officers continued to occur, which had resulted in death in some instances. It was also concerned about the persistence in the army of the practice of the so-called "fala", whereby new recruits were subjected to abuse and humiliation.
In its recommendations, although the Committee noted that the new Polish Constitution recognized international conventions ratified by Poland to be part of its legal system, it also noted that in the Polish legal system there were no charging conditions nor penalties applicable to the crime of torture. Therefore, the Committee recommended that the State party introduce such legislative changes as were necessary to identify torture as a specific crime and to enable prosecution of torture, as defined in the Convention, and the application of appropriate penalties.
It further recommended amending the penal code to ensure that orders of superiors could not be invoked, in any circumstances, as justification of torture. The State party should introduce an effective and reliable complaint system that would allow the victims of torture and other forms of cruel, inhuman or degrading treatment or punishment to file complaints. Legislative and administrative measures should be introduced to safeguard against excessive use of force by the police, in particular in connection with the supervision of public meetings and to safeguard against the persistence of abusive measures associated with the practice of so-called "fala" in the army.
Response of China
The delegation of China, led by QIAO ZONGHUAI, Permanent Representative of China to the United Nations Office at Geneva, stressed that under China's legal system, the international treaties to which China was a party were deemed as part of Chinese law and therefore were legally binding. In the event of difference between the domestic law and the international treaty, the provisions of the international treaty would take precedence, except those on which China had made reservations.
China's legal provisions fully covered the contents of the definition of torture as stipulated in the Convention. The Convention's definition of torture was regarded as part of Chinese law. In practice, the provisions of the Convention might be applied if an interpretation was needed. China's criminal law provided in detail for acts of torture, giving regard to the different circumstances under which an act of torture might occur.
China always attached great importance to the protection of rights and interests of women and a number of laws had been enacted for that purpose. Rights and interests of women in the judicial proceedings were also fully protected. For example, female criminals were detained in women prisons and they were handled by female police officers. Although the principle for the execution of criminal punishment in female prisons was the same as in male prisons, prisons took full account of the special physiological and psychological features of women.
As for domestic violence against women, it had become a social problem of universal concern. In recent years, cases of such offences were on the rise. It had aroused great concern and attention from the community. China had strengthened its legislation on combatting domestic violence, and offered to help the victims through various channels and provided them with legal assistance.
Falun Gong had all the salient features of a cult, such as secret association, hierarchical structure, mind control, fabricating heretical ideas, amassing money and endangering society. Falun Gong had caused the death of over 1,500 victims in China, far more than the death toll of 1,000 caused by the cult "Restoration of God's Ten Commandments" in Uganda. Some practitioners decided their parents were devils and murdered them; while the Falun Gong leaders engaged in illegal publication to amass money and to spread their malicious fallacies. The Government of China could not and should not sit idly and tolerate the cult Falun Gong endangering society and bringing harm to the population.
The system of reeducation through labour was an administrative measure to conduct compulsory education and reformation of a person who had committed unlawful acts or minor crimes and who was not eligible for criminal penalties. At present, apart from those who had committed theft, gambling, gathering people for ring fights and unlawful acts of disturbing social order and security, persons undergoing reeducation through labour were mainly those who repeatedly committed drug abuse, prostitution and other unlawful acts.
In prisons in ethnic minority areas, prisoners enjoyed the same treatment in terms of execution of criminal punishment, regardless of their ethnic origin. For example, every year on the day of the Tibetan New Year, all the prisons under the administration of the Tibet Autonomous Region would organize festivities according to the Tibetan traditions. The allegation that Chinese Government applied torture in areas inhabited by minorities was groundless. Also, the allegation that over 90 per cent of prisoners in Xinjiang were tortured and that nuns in the prisons in Tibet were raped was not worth refuting.
Concerning organs of the executed, the family of a criminal executed would be notified to collect the dead body and dealt with it on its own; no other individuals or organizations were permitted to handle the corpse arbitrarily. In China, citizens were encouraged to voluntary donate their organs so as to save the life and death of persons with disease.
The Ministry of Public Security had taken a series of measures to address the issue of extortion of confessions through torture. It had also laid down a rule that in the case of an incidence of extorting confessions through torture, officers involved should be investigated for their criminal responsibility. In addition, criminal suspects and defendants had the right to engage a lawyer to defend him or her only at the stage of trial. As a result, lawyers could not intervene in criminal litigation until the stage of trial stated.
Chinese criminal procedure law provided that it should be strictly forbidden to extort confessions by torture and to collect evidence by threat, deceit or other unlawful means. During the trial, if a defendant stated that his previous confessions or statements had been under torture, the court should look into the matter and might suspend the court session for investigation. All cases should be heard in public, except for those involving State secrets or crimes committed by minors.
China applied the death penalty, but its application was strictly restrained. The death penalty was only applied to criminals who had committed extremely serious crimes. The death penalty should not be imposed on persons who had not reached the age of 18 at the time when the crime was committed or women who were pregnant at the time of trial. China prohibited practices such as parading in the street the criminals to be executed. The death penalty was mainly executed by shooting, but it could also be done by lethal injection.
Concerning Hong Kong
The delegation, which also included members of the Hong Kong Special Administrative Region, said that complaints against the police were handled by the Complaint Against Police Office, which comprised police officers under a separate chain of command from the rest of the police force. All investigations were monitored and reviewed by the Independent Police Complaints Council, which was an independent civilian body consisting of 18 non-official members from a wide spectrum of personalities from the community.
Emphasis was laid on the fact that the Hong Kong Government would not condone or tolerate the use of any excessive force by police officers. Police officers were trained to treat all persons, including detainees and arrested persons as individuals, with humanity and respect, and to act within the law at all times. Police officers who failed to comply with those requirements would be subjected to disciplinary action and criminal proceedings as appropriate.
Important measures were taken in recent years to address criticism in connection with the interviews of suspects and vulnerable victims. Recently, 66 video-recording facilities in police stations to record the interviews between the police and suspects had been installed. The police had to record the interviews relating to all cases that were to be tried at the district court or above.
Concerning commercial sex workers and trafficking of women, prostitution itself was not an offence in Hong Kong, but the law targeted at those who organized and exploited prostitution.
* *** *
24th Session
5 May 2000
Afternoon
Hears China’s Response to Questions Raised by Experts
The Committee against Torture this afternoon offered its conclusions and recommendations on the report of Poland, noting that in spite of the efforts of the State party, some drastic acts of aggressive behaviour by police officers continued to occur, which had resulted in death in some instances.
The Committee was also concerned about the persistence in the army of the practice of the so-called "fala", whereby new recruits were subjected to abuse and humiliation. It recommended, among other things, that Poland should introduce an effective and reliable complaint system that would allow the victims of torture and other forms of cruel, inhuman or degrading treatment or punishment to file complaints.
The Committee noted with satisfaction the impressive and successful efforts made by the State party that had led to a major transformation in the political, social, economic, legislative and institutional spheres in Poland. It noted in particular the adoption of the new Constitution and the abolition of the death penalty, among other things.
Also this afternoon, the Committee heard the response of a Government delegation from China to the questions raised by its experts during a meeting yesterday in which China’s third periodic report was considered.
The delegation of China, headed by Qiao Zonghuai, Permanent Representative of China to the United Nations Office at Geneva, said that Falun Gong had all the salient features of a cult, such as secret association, hierarchical structure, mind control, fabricating heretical ideas, amassing money and endangering society. Falun Gong had caused the death of over 1,500 victims in China, far more than the death toll of 1,000 caused by the cult "Restoration of God's Ten Commandments" in Uganda.
China’s delegation also said that the allegation that the Government applied torture in areas inhabited by minorities was groundless; and the allegation that over 90 per cent of prisoners in Xinjiang were tortured and that nuns in the prisons in Tibet were raped was not worth refuting.
China and Poland are among the 119 States parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and as such they must submit periodic reports to the Committee on their efforts to comply with the terms of the treaty.
China will return to the Committee at 3 p.m. on Tuesday, 9 May, to hear the Committee's conclusions and recommendations on its third periodic report
When the Committee reconvenes at 3 p.m. on Monday, 8 May, in a public session, it will offer its conclusions and recommendations on the report of Portugal in the presence of a Government delegation. It will also hear the response of the Government of Paraguay to the queries put by Committee experts this morning.
The second periodic report of Armenia which had been scheduled for consideration next Monday has been postponed until the next session of the Committee.
Conclusions and Recommendations on the Report of Poland
SAYED KASSEM EL MASRY, the Committee expert who served as rapporteur to the report of Poland, read out the Committee's conclusions and recommendations.
The Committee noted with satisfaction the impressive and successful efforts made by the State party that had led to a major transformation in the political, social, economic, legislative and institutional spheres in Poland. It noted in particular the adoption of the new Constitution and its entering into force on 17 October 1997 and the abolition of the death penalty, among other things.
The Committee was concerned that the amendments of the domestic legislation did not contain any provisions for the prosecution and punishment of those guilty of the crime of torture, as required by article 1 and 4 of the Convention. It was also concerned about the fact that the new penal code did not introduce any substantial change regarding orders of the superiors when they were invoked as justification of torture. According to existing legislation, criminal responsibility of the recipient of the order was based on his awareness of the criminal nature of the command.
Further, the new penal code did not include the "danger of exposure to torture" as one of the grounds for the refusal of extradition as was required by article 3 of the Convention. The Committee noted that, in spite of the efforts of the State party, some drastic acts of aggressive behaviour by police officers continued to occur, which had resulted in death in some instances. It was also concerned about the persistence in the army of the practice of the so-called "fala", whereby new recruits were subjected to abuse and humiliation.
In its recommendations, although the Committee noted that the new Polish Constitution recognized international conventions ratified by Poland to be part of its legal system, it also noted that in the Polish legal system there were no charging conditions nor penalties applicable to the crime of torture. Therefore, the Committee recommended that the State party introduce such legislative changes as were necessary to identify torture as a specific crime and to enable prosecution of torture, as defined in the Convention, and the application of appropriate penalties.
It further recommended amending the penal code to ensure that orders of superiors could not be invoked, in any circumstances, as justification of torture. The State party should introduce an effective and reliable complaint system that would allow the victims of torture and other forms of cruel, inhuman or degrading treatment or punishment to file complaints. Legislative and administrative measures should be introduced to safeguard against excessive use of force by the police, in particular in connection with the supervision of public meetings and to safeguard against the persistence of abusive measures associated with the practice of so-called "fala" in the army.
Response of China
The delegation of China, led by QIAO ZONGHUAI, Permanent Representative of China to the United Nations Office at Geneva, stressed that under China's legal system, the international treaties to which China was a party were deemed as part of Chinese law and therefore were legally binding. In the event of difference between the domestic law and the international treaty, the provisions of the international treaty would take precedence, except those on which China had made reservations.
China's legal provisions fully covered the contents of the definition of torture as stipulated in the Convention. The Convention's definition of torture was regarded as part of Chinese law. In practice, the provisions of the Convention might be applied if an interpretation was needed. China's criminal law provided in detail for acts of torture, giving regard to the different circumstances under which an act of torture might occur.
China always attached great importance to the protection of rights and interests of women and a number of laws had been enacted for that purpose. Rights and interests of women in the judicial proceedings were also fully protected. For example, female criminals were detained in women prisons and they were handled by female police officers. Although the principle for the execution of criminal punishment in female prisons was the same as in male prisons, prisons took full account of the special physiological and psychological features of women.
As for domestic violence against women, it had become a social problem of universal concern. In recent years, cases of such offences were on the rise. It had aroused great concern and attention from the community. China had strengthened its legislation on combatting domestic violence, and offered to help the victims through various channels and provided them with legal assistance.
Falun Gong had all the salient features of a cult, such as secret association, hierarchical structure, mind control, fabricating heretical ideas, amassing money and endangering society. Falun Gong had caused the death of over 1,500 victims in China, far more than the death toll of 1,000 caused by the cult "Restoration of God's Ten Commandments" in Uganda. Some practitioners decided their parents were devils and murdered them; while the Falun Gong leaders engaged in illegal publication to amass money and to spread their malicious fallacies. The Government of China could not and should not sit idly and tolerate the cult Falun Gong endangering society and bringing harm to the population.
The system of reeducation through labour was an administrative measure to conduct compulsory education and reformation of a person who had committed unlawful acts or minor crimes and who was not eligible for criminal penalties. At present, apart from those who had committed theft, gambling, gathering people for ring fights and unlawful acts of disturbing social order and security, persons undergoing reeducation through labour were mainly those who repeatedly committed drug abuse, prostitution and other unlawful acts.
In prisons in ethnic minority areas, prisoners enjoyed the same treatment in terms of execution of criminal punishment, regardless of their ethnic origin. For example, every year on the day of the Tibetan New Year, all the prisons under the administration of the Tibet Autonomous Region would organize festivities according to the Tibetan traditions. The allegation that Chinese Government applied torture in areas inhabited by minorities was groundless. Also, the allegation that over 90 per cent of prisoners in Xinjiang were tortured and that nuns in the prisons in Tibet were raped was not worth refuting.
Concerning organs of the executed, the family of a criminal executed would be notified to collect the dead body and dealt with it on its own; no other individuals or organizations were permitted to handle the corpse arbitrarily. In China, citizens were encouraged to voluntary donate their organs so as to save the life and death of persons with disease.
The Ministry of Public Security had taken a series of measures to address the issue of extortion of confessions through torture. It had also laid down a rule that in the case of an incidence of extorting confessions through torture, officers involved should be investigated for their criminal responsibility. In addition, criminal suspects and defendants had the right to engage a lawyer to defend him or her only at the stage of trial. As a result, lawyers could not intervene in criminal litigation until the stage of trial stated.
Chinese criminal procedure law provided that it should be strictly forbidden to extort confessions by torture and to collect evidence by threat, deceit or other unlawful means. During the trial, if a defendant stated that his previous confessions or statements had been under torture, the court should look into the matter and might suspend the court session for investigation. All cases should be heard in public, except for those involving State secrets or crimes committed by minors.
China applied the death penalty, but its application was strictly restrained. The death penalty was only applied to criminals who had committed extremely serious crimes. The death penalty should not be imposed on persons who had not reached the age of 18 at the time when the crime was committed or women who were pregnant at the time of trial. China prohibited practices such as parading in the street the criminals to be executed. The death penalty was mainly executed by shooting, but it could also be done by lethal injection.
Concerning Hong Kong
The delegation, which also included members of the Hong Kong Special Administrative Region, said that complaints against the police were handled by the Complaint Against Police Office, which comprised police officers under a separate chain of command from the rest of the police force. All investigations were monitored and reviewed by the Independent Police Complaints Council, which was an independent civilian body consisting of 18 non-official members from a wide spectrum of personalities from the community.
Emphasis was laid on the fact that the Hong Kong Government would not condone or tolerate the use of any excessive force by police officers. Police officers were trained to treat all persons, including detainees and arrested persons as individuals, with humanity and respect, and to act within the law at all times. Police officers who failed to comply with those requirements would be subjected to disciplinary action and criminal proceedings as appropriate.
Important measures were taken in recent years to address criticism in connection with the interviews of suspects and vulnerable victims. Recently, 66 video-recording facilities in police stations to record the interviews between the police and suspects had been installed. The police had to record the interviews relating to all cases that were to be tried at the district court or above.
Concerning commercial sex workers and trafficking of women, prostitution itself was not an offence in Hong Kong, but the law targeted at those who organized and exploited prostitution.
* *** *