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09 May 2000
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CAT
24th Session
9 May 2000
Afternoon
Reintegration of Hong Kong into China Created No Difficulties in
Implementing Terms of Convention
The Committee against Torture this afternoon offered its conclusions and recommendations on the third periodic report of China recommending that the State incorporate a definition of torture into its domestic law to fully comply with the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
The Committee also expressed concern about the continuing allegations of serious incidents of torture, especially involving Tibetans and other national minorities.
Concerning the situation in Hong Kong, the Committee noted that the reintegration of the Hong Kong Special Administrative Region into China had created no factors and difficulties impeding the application of the Convention; and expressed its appreciation to the Government of China for the steps taken to ensure the continued application of the Convention in the Hong Kong Special Administrative Region, the authorities of which had prepared parts of the report.
As one of the 119 States parties to the Convention against Torture, China must submit periodic reports to the Committee on its performance to implement the terms of the treaty. The report of Hong Kong was included in the report of China under the principle of "one country, two systems".
When the Committee reconvenes at 10 a.m. on Wednesday, 10 May, it will take up the initial report of the United States.
Conclusions and Recommendations on Report of China
The Committee appreciated and encouraged the continuing efforts of the Chinese Government to introduce amendments in its legislation and practices to bring them into line with international norms of human rights and to entrench legality constitutionally; it welcomed action taken to implement a number of the previous recommendations made by the Committee, in particular, with regard to timely access to defence counsel, the presumption of innocence, amendments to the Criminal Law and Procedure pertaining to fair trials and the introduction of more severe punishment for acts of torture; it noted, among other things, the effective abolition of the procedure of shelter for investigation and protection and the introduction of certain aspects of fair trial in respect of other proceedings of administrative detention, including reeducation through labour; and it noted the State party's expressed willingness to cooperate internationally to provide rehabilitation for victims of torture.
Among subjects of concern, the Committee was concerned about the continuing allegations of serious incidents of torture, especially involving Tibetans and other national minorities; about the absence of detailed information and statistics regarding torture and other forms of cruel, inhuman or degrading treatment or punishment, disaggregated by gender; about the fact that reforms were not implemented uniformly and equally in all parts of China; about the fact that rules and practices of certain procurators limited the prosecution of torture suspects to certain serious cases; about the system of administrative sanctions that permited extrajudicial custodial orders in respect of individuals that had not committed, or were not charged with, a violation of the law; the absence of a uniform and effective investigation mechanism to examine allegations of torture; and about reports of coercive and violent measures resorted to by some local officials in implementing the population policy of the State party, contrary to the relevant provisions of the Convention.
The Committee recommended that China incorporate a definition of torture into its domestic law that fully complied with the definition contained in the Convention; invited it to consider, in respect of both its mainland part and the Hong Kong Special Administrative Region, declaring in favour of articles 21 and 22 of the Convention and withdrawing its reservation under article 20, and to ensure, the continued applicability of article 20 in the Hong Kong Special Administrative Region; that China continue the process of reform, to monitor the uniform and effective implementation of new laws and practices and to take other measures as appropriate to that end; that it consider abolishing the need to apply for permission, for any reason, before a suspect could have access to a lawyer whilst in custody; that China consider abolishing, in accordance with relevant international standards, all forms of administrative detention; that the prompt, thorough, effective and impartial investigation of all allegations of torture be ensured; and encouraged the State party to continue and intensify its efforts to provide training courses on international human rights standards for law enforcement officers, among other things.
In the second part of its conclusions on Hong Kong, the Committee noted that the reintegration of the Hong Kong Special Administrative Region into China created no factors and difficulties impeding the application of the Convention; and expressed its appreciation to the Government of China for the steps taken to ensure the continued application of the Convention in the Hong Kong Special Administrative Region, the authorities of which had prepared parts of the report.
The Committee welcomed the release of all Vietnamese refugees and migrants and the closure of the Pillar Point detention centre; further welcomed the adoption of legislation to facilitate the extradition of persons suspected of having committed acts of torture; noted as positive the strengthening of the independence of the Independent Police Complaints Council; welcomed the increase of the maximum sentence for certain sexual crimes such as incest and the abolition of the requirement of corroboration in respect of sexual offences and also welcomed the introduction of training courses and other educational measures targeting law enforcement personnel, and the fact that interviews of detainees were videotaped.
Concern was expressed at the reference to "lawful authority, justification or excuse" as a defence for a person charged with torture, as well as the definition of a public official in the Crimes (Torture) Ordinance, Chapter 427, which were not in full conformity with article 1 of the Convention; about the fact that there were as yet no prosecutions under the Crimes (Torture) Ordinance, despite circumstances brought to the attention of the Committee justifying such prosecutions; that not all instances of torture and other cruel, inhuman or degrading treatment or punishment were covered by the Crimes (Torture) Ordinance; and that the practices in the Hong Kong Special Administrative Region relating to refugees might not be in full conformity with article 3 of the Convention.
The Committee recommended that the necessary steps be taken to ensure that torture, as defined in article 1 of the Convention, was effectively prosecuted and appropriately sanctioned and that efforts be made to prevent other acts of cruel, inhuman or degrading treatment or punishment, in accordance with the provisions of the Convention; that continued efforts be made to ensure that the Independent Police Complaints Council becomes a statutory body, with increased competence; that preventive measures be continued and intensified, including training for law enforcement officials; and that laws and practices relating to refugees be brought into full conformity with article 3 of the Convention.
QIAO ZONGHUAI, the Permanent Representative of China to the United Nations Office at Geneva, said that he would transmit the Committee's conclusions and recommendations for his Government's consideration. He said some of the Committee's conclusions were based on allegations made by certain non-governmental organizations which were totally unfounded. He invited Committee members to visit China to see the reality of the situation by themselves.
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24th Session
9 May 2000
Afternoon
Reintegration of Hong Kong into China Created No Difficulties in
Implementing Terms of Convention
The Committee against Torture this afternoon offered its conclusions and recommendations on the third periodic report of China recommending that the State incorporate a definition of torture into its domestic law to fully comply with the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
The Committee also expressed concern about the continuing allegations of serious incidents of torture, especially involving Tibetans and other national minorities.
Concerning the situation in Hong Kong, the Committee noted that the reintegration of the Hong Kong Special Administrative Region into China had created no factors and difficulties impeding the application of the Convention; and expressed its appreciation to the Government of China for the steps taken to ensure the continued application of the Convention in the Hong Kong Special Administrative Region, the authorities of which had prepared parts of the report.
As one of the 119 States parties to the Convention against Torture, China must submit periodic reports to the Committee on its performance to implement the terms of the treaty. The report of Hong Kong was included in the report of China under the principle of "one country, two systems".
When the Committee reconvenes at 10 a.m. on Wednesday, 10 May, it will take up the initial report of the United States.
Conclusions and Recommendations on Report of China
The Committee appreciated and encouraged the continuing efforts of the Chinese Government to introduce amendments in its legislation and practices to bring them into line with international norms of human rights and to entrench legality constitutionally; it welcomed action taken to implement a number of the previous recommendations made by the Committee, in particular, with regard to timely access to defence counsel, the presumption of innocence, amendments to the Criminal Law and Procedure pertaining to fair trials and the introduction of more severe punishment for acts of torture; it noted, among other things, the effective abolition of the procedure of shelter for investigation and protection and the introduction of certain aspects of fair trial in respect of other proceedings of administrative detention, including reeducation through labour; and it noted the State party's expressed willingness to cooperate internationally to provide rehabilitation for victims of torture.
Among subjects of concern, the Committee was concerned about the continuing allegations of serious incidents of torture, especially involving Tibetans and other national minorities; about the absence of detailed information and statistics regarding torture and other forms of cruel, inhuman or degrading treatment or punishment, disaggregated by gender; about the fact that reforms were not implemented uniformly and equally in all parts of China; about the fact that rules and practices of certain procurators limited the prosecution of torture suspects to certain serious cases; about the system of administrative sanctions that permited extrajudicial custodial orders in respect of individuals that had not committed, or were not charged with, a violation of the law; the absence of a uniform and effective investigation mechanism to examine allegations of torture; and about reports of coercive and violent measures resorted to by some local officials in implementing the population policy of the State party, contrary to the relevant provisions of the Convention.
The Committee recommended that China incorporate a definition of torture into its domestic law that fully complied with the definition contained in the Convention; invited it to consider, in respect of both its mainland part and the Hong Kong Special Administrative Region, declaring in favour of articles 21 and 22 of the Convention and withdrawing its reservation under article 20, and to ensure, the continued applicability of article 20 in the Hong Kong Special Administrative Region; that China continue the process of reform, to monitor the uniform and effective implementation of new laws and practices and to take other measures as appropriate to that end; that it consider abolishing the need to apply for permission, for any reason, before a suspect could have access to a lawyer whilst in custody; that China consider abolishing, in accordance with relevant international standards, all forms of administrative detention; that the prompt, thorough, effective and impartial investigation of all allegations of torture be ensured; and encouraged the State party to continue and intensify its efforts to provide training courses on international human rights standards for law enforcement officers, among other things.
In the second part of its conclusions on Hong Kong, the Committee noted that the reintegration of the Hong Kong Special Administrative Region into China created no factors and difficulties impeding the application of the Convention; and expressed its appreciation to the Government of China for the steps taken to ensure the continued application of the Convention in the Hong Kong Special Administrative Region, the authorities of which had prepared parts of the report.
The Committee welcomed the release of all Vietnamese refugees and migrants and the closure of the Pillar Point detention centre; further welcomed the adoption of legislation to facilitate the extradition of persons suspected of having committed acts of torture; noted as positive the strengthening of the independence of the Independent Police Complaints Council; welcomed the increase of the maximum sentence for certain sexual crimes such as incest and the abolition of the requirement of corroboration in respect of sexual offences and also welcomed the introduction of training courses and other educational measures targeting law enforcement personnel, and the fact that interviews of detainees were videotaped.
Concern was expressed at the reference to "lawful authority, justification or excuse" as a defence for a person charged with torture, as well as the definition of a public official in the Crimes (Torture) Ordinance, Chapter 427, which were not in full conformity with article 1 of the Convention; about the fact that there were as yet no prosecutions under the Crimes (Torture) Ordinance, despite circumstances brought to the attention of the Committee justifying such prosecutions; that not all instances of torture and other cruel, inhuman or degrading treatment or punishment were covered by the Crimes (Torture) Ordinance; and that the practices in the Hong Kong Special Administrative Region relating to refugees might not be in full conformity with article 3 of the Convention.
The Committee recommended that the necessary steps be taken to ensure that torture, as defined in article 1 of the Convention, was effectively prosecuted and appropriately sanctioned and that efforts be made to prevent other acts of cruel, inhuman or degrading treatment or punishment, in accordance with the provisions of the Convention; that continued efforts be made to ensure that the Independent Police Complaints Council becomes a statutory body, with increased competence; that preventive measures be continued and intensified, including training for law enforcement officials; and that laws and practices relating to refugees be brought into full conformity with article 3 of the Convention.
QIAO ZONGHUAI, the Permanent Representative of China to the United Nations Office at Geneva, said that he would transmit the Committee's conclusions and recommendations for his Government's consideration. He said some of the Committee's conclusions were based on allegations made by certain non-governmental organizations which were totally unfounded. He invited Committee members to visit China to see the reality of the situation by themselves.
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