Courts to scrap handcuffs, cages for defendants

Henan judge says suspects will be treated with greater respect during criminal trials

Suspects in Central China's Henan province will no longer be handcuffed or caged while being tried in court, according to the provincial high people's court.

The courts should also allow criminal defendants to wear regular clothes, rather than detainees' orange-colored uniforms while on trial, said Zhang Liyong, president of Henan High People's Court.

The practices are aimed at respecting suspects' rights and improving judicial fairness, Zhang said.

"We should not handcuff or cage defendants in court with the excuse that some defendants have attacked others or even fled during trial."

Zhang made the remarks at a conference attended by judges and lawyers from the province on Monday.

He also forbade the shaving of suspects' heads before they have been convicted of a crime.

The layout of courtrooms should also be changed, with defendants being allowed to sit alongside their lawyers so they can examine evidence, he said.

Suspects should have the opportunity to communicate freely with their lawyers during their trials, but courtrooms currently isolate suspects from their defense lawyers, he said.

Zhang said such practices are in line with principles established at the 6th National Criminal Justice Conference, which was held in Beijing on Oct 14.

During the conference, the Supreme People's Court, China's top court, required courts nationwide to attach great importance to the trial process and to guarantee judicial fairness.

Zhang said the courts should avoid imposing unnecessary pressure on defendants or issuing unjust verdicts such as in the case of Zhao Zuohai.

Zhao, a villager in Shangqiu, Henan province, aroused the public's sympathy in 2010 when it was discovered he had spent 10 years in prison for allegedly murdering a man who was still alive.

Zhao was acquitted and released after the supposed murder victim turned up alive. Three former police officers were arrested on suspicion of torturing Zhao into confessing to a crime that never happened, Xinhua News Agency reported.

Jiang Ming'an, a law professor at Peking University, said more detailed regulations are expected from local justice authorities in line with reforms announced after the Third Plenary Session of the 18th Communist Party of China Central Committee last month.

The reforms include making the judicial system more transparent through recording and retaining all court files and strictly regulating the processes of sentence commutation, parole and medical parole.

To ensure independence and fairness from courts and prosecuting bodies, the judicial authorities will also unify the management of staff members and properties of courts and procuratorates below the provincial level.

Qi Xin contributed to this story.