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People's procuratorates at all levels must greatly intensify their efforts in striking at the crime of extorting confessions through torture, and they should decisively investigate the criminal responsibility of the personnel in question, in accordance with the law.
各级人民检察院要加大对刑讯逼供犯罪的打击力度,依法坚决追究有关人员的刑事责任。
China attaches great importance to improving the surveillance level of houses of detention, prohibits extorting confessions by torture and overdue custody, improves the conditions for detention and surveillance, improves the living conditions of detainees and protects their lawful rights and interests.
Through this activity, they should rigorously standardize the procedures of law-enforcement and service, resolutely eliminate practices within the supervision system that run counter to the guaranteeing of human rights, establish and perfect a mechanism for the guaranteeing of detainees' legitimate rights and interests, resolutely eradicate the practice of extorting confessions through torture in custody-houses, use police instruments in strict accordance with the law, and determinedly root out the practice of using beating, corporal punishment or cruel treatment upon detainees.
China's judicial organs are taking effective measures in accordance with the law to deter and prohibit extorting confessions by torture, protect the rights to defense of criminal suspects and defendants, protect attorneys' rights to exercising their duties, limit the applicable measures of detention to protect the lawful rights of detainees, strengthen the protection of the legal rights and interests of detainees, strengthen the protection of juvenile suspects and defendants, strictly control and prudently apply the death penalty, improve the systems of community rehabilitation for inmates and assistance for persons released after serving their terms, and improve the state compensation system and establish systems including the criminal victim relief system, in an attempt to materialize efforts in human rights protection in the sphere of criminal justice.
CAT was concerned that officials suspected of torture were mostly prosecuted under articles on abuse of power and on extorting confessions and that torture was not criminalized as an independent crime.
委员会感到关切的是,起诉涉嫌酷刑行为的官员时主要依据的是滥用职权和逼供,酷刑未被定为独立罪行。
However, the Committee remains deeply concerned by continuing allegations that the torture of persons under 18, including for purposes of extorting confessions, is widespread, and that the existing procedure for investigating such allegations is ineffective and does not provide for the protection of the victims.
In Qinghai province, for example, a special rectification drive was launched from 1999 to the end of 2000, and in the public security system for the whole province, not a single case of extorting confessions through torture occurred.
如青海省自1999年开展专项整治至2000底,全省公安系统未发生一起刑讯逼供案件。
3.2 The author's allegations that he and his wife had been victims of torture and ill-treatment by the police for the purpose of extorting confessions during their detention, may violate article 14, paragraph 3 (g), article 7 and article 10, in combination with article 6 of the Covenant.
In 1990, China's procuratorial organs filed for investigation 47cases which involved extorting confessions torture. This has not only protected citizens' personal rights effectively, but also taught law enforcement officials a lesson.
The Committee is deeply concerned by numerous and continuing reports of ill-treatment of persons under 18 by the militia, including psychological intimidation, corporal punishment, including for purposes of extorting confessions.
Acts of law enforcement and judicature touching on the rights of the person shall be standardized. Measures shall be taken to prevent extorting confessions by torture. Places of surveillance shall be regularized to protect the rights of people whose personal freedom is subject to restriction.
First, China's laws expressly prohibit extorting confessions by acts of torture.
首先,中国的法律明确禁止刑讯逼供行为。
The Supreme People's Procuratorate formulates rules on the exclusion of illegal evidence in the scrutinizing of arrests and prosecutions, and makes provision for mechanisms to deal with such acts of criminality as extorting confessions by torture." "Establishing and perfecting lasting effective mechanisms for the prevention and correction of extended detention." "Exploring the establishment of a system by which it would be possible to recommend that relevant departments change the persons dealing with a case, where a procuratorial organ discovers that judicial personnel have shown dereliction of duty or other circumstances influencing fairness during the filing, investigation, prosecution, trial and implementation of a case." "Perfecting a mechanism for the handling and transfer of cases of dereliction of duty on the part of judicial personnel.
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