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People's Daily Online>>China Politics

Human rights report flawed by omissions and bias (2)

By Shen Hui (China Daily)

08:12, January 29, 2012

Besides, according to the seventh article of the Regulation on Exclusion of Illegal Evidence issued in June 2011, if the courts are doubtful of the legitimacy of the defendants' confessions obtained before trial, the courts can insist that the questioners take the stand in courts. All these examples prove that China's criminal justice system is not controlled by the public security departments. It is an integral system made up of the three parties, each with clear duties, with the people's courts' rights of sentencing and measurement of penalty as the core.

Excessive dependence on defendants' confessions is decreasing remarkably. The role and rights of defense counsels are increasing steadily. Forced confession is strictly forbidden. The regulations on the exclusion of illegal evidence and on evidence in death penalty cases issued in June 2010, as well as the draft amendment to the Criminal Procedural Law released in Aug 2011, all reflect important progress in the protection of human rights. But the Human Rights Watch report fabricates and speculates on "an article of secret detention" of the draft amendment, which no longer exists.

In fact the draft amendment issued in August 2011 includes an article about notice of detention. That is big progress compared with related articles of the law in 1996. According to the 84th article of the draft amendment, the public security departments must present detention warrants when detaining anyone, who should be sent to the detention center within 24 hours after being detained. The detained person's family should be notified about the detention reason and the detention center location within 24 hours after detention, except for serious crimes such as those endangering national security, terrorist crimes. There are exceptions, if it is impossible to notify, or if the notice may obstruct investigation.

The 64th article of the Criminal Procedural Law of 1996 only stipulated that the public security departments must present detention warrants while detaining anyone. The detained person's family or work units should be noticed about the detention reason and detention center within 24 hours after detention, except if it is impossible to notify, or the notice may obstruct investigation. This amendment of the 84th article is just to strengthen the public security departments' obligation to notify and protect the suspects' families' rights to know.

The report of Human Rights Watch does not mention progress in the draft amendment at all and only fabricates non-existent misleading articles.

In the draft amendment, forced confession is prevented; exclusion of illegal evidence and its procedure are added, standard of proof of criminal procedure is clarified; the definition of "social danger" is clarified; the obligation of persons obtaining guarantor pending trial is regulated to lower detention rate; designated monitored residence can be converted to prison term; technical investigation is authorized and regulated; the recording system in inquest is strengthened, investigation defense system is formed and clarified, the number of remand for retrial is limited, the criminal reconciliation procedure is clarified; the system of sealing up criminal record of juvenile crimes and deferred prosecution is regulated; mental illness treatment procedure is regulated, and inspection and supervision of implementation are strengthened.

These active changes reflect the main progress in China's judicial reform in 2011. Compared with the former one in 1996, more than 60 articles are added and more than 90 articles are amended in the draft amendment.

Remarkable breakthroughs in judicial reform have been made in 2011 in measurement of penalty, State compensation, mediation, trial management and implementation procedure. It is a pity the report of Human Rights Watch turned a blind eye to all these positive steps and Chinese authorities' effort to promote judicial reforms, and only focuses on some non-existent articles.

The author is with the Law School of Nankai University.

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asian at 2012-01-2974.101.24.*
nyc base human right are corrupt and control by the so call hymies/jews group,it is part of the jews propaganda-machine.
PD User at 2012-01-2974.101.24.*
nyc base human right are corrupt and control by the so call hymies/jews group,it is part of the jews propaganda-machine.
Huoqiao at 2012-01-2975.72.239.*
I am not sure about Chinese court system or any other nations" systems, but to me, the most racial bias court system on earth is our white man system. If you are an Asian against a white man, you have 20 chance of winning. Tangible facts that you black and brown - if allow could win you case - would be ruled against them. But for a white man, simple plain accusations that can"t be found would allow in court. Back in the 60"s, black and brown were openly targeted, but since much laws have been written, the white men system shift from gun and noose to pen and paper. Black and Brown are dragged into the court system and they will be silence away without much public notice. White laymen never little education, little experienced in critical decision/judgment making, etc. will be chosen to sit in the white man"s court to give a life or death sentence to the black and brown. If you are black and brown, the safest way is never get caught by the white man court system. If you are black and brown, you will automatically found guilty until proven innocence. China police have a single small (32mm) hand gun on their belts with may be an additional 5 to 10 round with them (that what I seen). We white man system, the police have 45mm with 14 on them, another 30 or more rounds on their belt, electric gun on their left, sub-machine gun in the trunk, 9 shots shot-gun on the roof of the car, a baton or metal flashlight to be used as weapon, top bullet proof vast, and you name it, the same as ready to go to war in Iraq. So, I am not sure which system is the human right system.

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