National Human Rights Action Plan of China (2012-2015)

II. Civil and Political Rights

China endeavors to develop socialist democracy, improve the socialist rule of law, expand the orderly political participation of citizens and guaranteeing people's civil and political rights in an all-round way.

(1) Rights of the person

All rights of the person are guaranteed by law in lawsuits and law enforcement.

-- Criminal Procedure Law will be implemented. The applicable conditions and management stipulations for the adoption of such compulsory measures as arrest, release on bail pending trial and residential surveillance will be adjusted and specified in greater detail.

-- All rights of the suspects in lawsuits will be guaranteed by law. The suspects will be informed of their rights and obligations in a timely fashion in accordance with the law, and conditions will be created actively for lawyers to get involved in a lawsuit from the stage of criminal investigation.

-- Preventive and remedial measures against extortion of confession by torture and collecting evidence through other illegal methods will be enforced; and no one will be forced to prove himself or herself guilty.

-- The people's procuratorates will pay greater heed to the self-defense of criminal suspects at the stage of approval for arrest. Procurators themselves should interrogate suspects when there are clues or evidences that prove the possibility of such serious violations of law as extortion of confession and collecting evidence through the use of force. If the criminal suspects request such an interrogation, the procurators should do so as required.

-- Relevant mechanisms to facilitate the work of lawyers during criminal proceedings will be improved. When defense lawyers proffer written materials and evidence maintaining that no crime has been committed, an arrest is unnecessary, or the suspect should not be detained, or there have been violations of law in the investigation, the procurators must examine them seriously. When necessary, procurators may consult lawyers in person. The procurators should state clearly in the arrest warrant whether they are going to accept the lawyer's opinions and evidences and their reasons for doing so.

-- The venues of law enforcement and case investigation by public security organs will be transformed according to defined standards step by step. The Standards for Venues of Law Enforcement and Case Investigation of Public Security Organs will be implemented strictly. Case investigation areas must be separated physically from other areas, and the function rooms of the case investigation areas will be established in line with the procedures of case investigation, where permanent sound and video recording as well as video surveillance systems will be installed for real-time monitoring and control over the whole course of law enforcement and investigation to prevent any violation of the legitimate rights and interests of citizens.

-- The scope of application of the system of probationary suspension and community correction according to law will be expanded, appropriately reducing the application of imprisonment and clearly defining the scope of non-imprisonment punishment; improving the system of community-based correction, and enriching the contents of community-based correction, correction by education and measures to aid convicts in financial difficulties.

-- Strengthening efforts in investigation and punishment of cases committed by state functionaries involving violations of a citizen's personal rights such as illegal detention by taking advantage of their functions and powers.

(2) Rights of detainees

China will further strengthen supervision over criminal proceedings, punishment execution and supervision, so as to guarantee the legal rights of detainees.

-- Guaranteeing the rights and humane treatment of the inmates and improving legal stipulations concerning the management of prisons. The system of a bed for one inmate will be gradually adopted and medical care for prison inmates will be socialized so as to ensure an inmate to get timely treatment when ill.

-- Preventing unnecessary detention. After a suspect or defendant is held in custody, the related people's procuratorate should review the necessity of the detention. Once it concludes the detention is not necessary, it should advise the organ that investigates the case to release the suspect or defendant, or change the compulsory measure adopted.

-- Strengthening supervision over the time limit of criminal detention. The people's procuratorates should conduct supervision over the organs of criminal investigation to strictly implement the system of detention change, the warning and notifying system when the time limit of detention is going to expire and the accountability system for overdue imprisonment. Efforts will be made to prevent and settle cases involving prolonged detentions and urge the investigation organs to conclude cases that have long exceeded the time limit of detention.

-- Improving mechanisms to guarantee the rights of detainees. The systems of physical examination for detainees when they are taken into custody, regular body surface examinations for detainees and notification of the rights and obligations of the detainees and emergency alarming will be strictly implemented, so will the system of interrogation and remand of criminal suspects. The systems of detainees' security risk assessment, psychological intervention and investigation and handling of their complaints will be improved. So will the system of inviting special supervisors to inspect the detention houses. Regulations regarding detainees' request to see the resident procurators, meetings between detainees and resident procurators and the establishment of procurator mailboxes will be improved to prevent and investigate violations of the rights of detainees, such as physical punishment, torture and insult by people working in the detention houses.

-- Improving the system of examination and investigation in case of the death of a detainee in prisons and detention houses.