III. Civil and Political Rights

Over the past two years, China has been taking effective measures to enhance democracy and the rule of law, actively and steadily advancing the reform of the political system. Civil and political rights have been guaranteed more effectively and the goals about civil and political rights set in the Action Plan in this regard have been achieved.

(1) Rights of the person

China's judicial organs have issued guidance documents regarding the criminal evidence system to protect the rights of the person in accordance with the law. In June 2010 the Supreme People's Court and the Supreme People's Procuratorate issued the Regulations on Some Issues Concerning the Exclusion of Illegal Evidence in Criminal Cases. It is clearly stipulated in the Regulations that confessions and witness testimony obtained by illegal means such as torture should not be taken as evidence to support a verdict.

Measures on forbidding illegal detention by law enforcement personnel have been implemented. In April 2010 related departments jointly promulgated the Ordinance on Discipline for the People's Police of Public Security Organs to prohibit illegal deprivation or restriction of others' freedom of the person. Procuratorial organs have strengthened the legal supervision of criminal investigation, criminal trial and the execution of sentences. In 2009 and 2010, procuratorial organs filed and investigated cases involving 1,002 government functionaries who had taken advantage of their positions and powers to conduct illegal detention, revenge and frame-ups, and disruption of elections and other crimes that infringe upon citizens' rights of the person and democratic rights. In the last two years, people's courts at all levels have held hearings for 18,600 cases of illegal detention, including those committed by government functionaries who used their positions and powers.

The state further strengthened its control and prudent application of death penalty. In February 2011 the Standing Committee of the National People's Congress (NPC) discussed and adopted Amendment VIII to the Criminal Law of the People's Republic of China. The amendment abolished death penalty for 13 types of economic and non-violent crimes, such as negotiable instruments fraud. The reduction accounted for nearly one fifth of the total number of death penalty crimes. The amended Criminal Law laid down restrictive stipulations on the application of death penalty to people 75 years old and above. In June 2010 the related departments jointly issued Regulations on Some Issues Concerning the Examination and Judgment of Evidence in Death Penalty Cases, which adopts stricter standards in the examination and judgment of evidence for death penalty cases. The people's courts stick to the principle of public trial for all death penalty cases of second instance to guarantee the defendants' right of appeal.

The law enforcement system has been continuously improved. The State Council issued the Opinions on Strengthening the Building of a Government Ruled by Law, which sets strict regulations to ensure that law enforcement by administrative organs is impartial and civilized. The Supreme People's Procuratorate and the Ministry of Public Security promulgated the Regulations on the Interrogation of Criminal Suspects during the Examination of Arrest Request to further ensure integrity in handling criminal cases and guarantee the legitimate rights of criminal suspects. The Ministry of Public Security has formulated detailed rules for law enforcement and specific regulations regarding the main links and steps for the handling of cases. In addition, the Ministry of Public Security has issued over 30 regulatory documents, including Some Regulations on the Management of Property Involved in Cases, Guiding Opinions on Establishing and Improving the System of Law Enforcement Supervisors, and Guiding Opinions on Further Regulating and Strengthening the Informationization of Law Enforcement by Public Security Organs, which have improved the systems concerning links and posts of law enforcement.

(2) Rights of detainees

Laws and regulations to guarantee detainees' rights have been further improved. In May 2009 the Ministry of Public Security promulgated the Ten Provisions on Preventing and Cracking Down on Bullies in Detention Houses, Notice on the Concentration of Female Detainees for Management in Detention Houses, and other regulatory documents. These documents improved the system of categorized detention and management of detainees, the system of transitional management of new detainees and informing them of their legitimate rights, and the system allowing detainees to report abuse to the police. In December 2009 the Ministry of Public Security and the Ministry of Health jointly issued the Notice on Effectively Strengthening and Improving Medical and Health Work in Places Under the Surveillance and Control of Public Security Organs to consolidate the building of medical institutions in these places. The Construction Standards for Prisons, which came into effect in December 2010, further regulates the management of prisons and the construction of facilities in prisons. An open system of supervision and law enforcement has been basically established. Detention houses have set up reception rooms and complaint boxes, and publicized the names of police officers and systems and procedures for supervision and law enforcement. So far, over 1,500 detention houses have been opened to the public and receive public supervision. The Supreme People's Court, Supreme People's Procuratorate and other organs have issued the Opinions on Strengthening and Regulating the Execution of Sentences Outside Prison. The system of public announcement and hearing before ruling on penalty reduction and parole is set out clearly in the Opinions, increasing transparency in the trial of such cases. In 2009 and 2010 people's courts at all levels reduced the penalties for over 1.005 million people, and released 68,000 others on parole in accordance with the law.

To prevent the extortion of confessions by torture and the infliction of corporal punishment, abuse and insult on detainees, the Ministry of Public Security stipulates that, except for special cases, all interrogation of detainees must be conducted in the interrogation rooms of detention houses. Every interrogation room must have a metal mesh as separation between detainees and interrogators, and two doors - one for the detainee and one for the interrogator - to avoid physical contact between them. Technological means, including simultaneous audio and video recording, are employed in interrogation rooms to prevent such abuses as the extortion of confessions by torture. Physical examination of detainees before and after an interrogation and when they leave and return to the detention house is conducted.