Full Text: Assessment Report on the Implementation of the National Human Rights Action Plan of China (2012-2015)

By:Xinhua
update:June 14,2016

The personal rights of suspects in lawsuits are guaranteed. The Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security promulgated regulations in greater detail on the applicable conditions, approval procedures and informing procedures for the adoption of such compulsory measures as arrest, release on bail pending trial, and residential surveillance. Between 2012 and 2015, the procuratorates throughout the country disapproved the arrest of 816,379 people, among whom 340,491 were not arrested on the grounds that they were posing no danger to society, 63,809 were not arrested on the grounds that their behavior constituted no crimes, and 379,290 were not arrested on the grounds of unclear facts and insufficient evidence. The public security organs strictly followed rules that required notifying the family members of criminal suspects within 24 hours of detentions or arrests. During the first interrogation or while taking compulsory measures, the security personnel should inform the suspects of their right to retain defense lawyers, or to apply for legal aid. An internet appointment platform has been established to publicize phone numbers for appointments and provide convenience for lawyers to meet suspects. Great efforts were made to push forward the construction of legal aid centers within detention houses to make sure that detainees and their families obtain timely legal aid. During a criminal investigation, defense lawyers can inquire about the accusations and major established facts implicating the suspects in the crimes and the situation on compulsory measures taken by the investigation organs.

The supervision and examination against extortion of confession by torture and other illegal acts have been strengthened. Between 2012 and 2015, procuratorial organs made 869,775 remedial proposals on illegal acts during criminal investigations including abusing compulsory measures, collecting evidence through illegal means and extorting confessions by torture. In 2015, China handled 208 cases against 243 procurators for their violation of laws and disciplines. Since 2012, the country' s procuratorial organs have continued to take stern actions to investigate and deal with cases concerning staffers of state functionaries who violated citizens' personal rights by taking advantage of their functions and powers.

The regulations on comprehensive collection and examination of evidence have been strictly implemented. Public security organs put all evidence collected proving guilt or innocence, felony or misdemeanor on file, with all records then transferred to examine the reliability, legitimacy and probative value of evidence. The people's procuratorates placed on record all the proposals made by defense lawyers about cases of suspects constituting no crimes, causing no harm to society or excluding evidence collected through illegal means. Before the end of criminal investigations, if defense lawyers make demands, public security organs are required to listen to their views, verify facts according to specific circumstances and place them on record. If defense lawyers submit opinions in written form, the document should be attached to the other records. The public security organs have standardized the use and management of the venues of law enforcement and case investigation. Case investigation areas are separated physically from other areas to ensure that criminal suspects have food and drinks and necessary time for rest in these venues. After being taken into public security organs, criminal suspects should be taken directly to case investigation areas where video surveillance systems should be installed. By the end of 2015, public security organs at various locations had completed the standardized renovation of the venues of law enforcement and case investigation.

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