Practice Relating to Rule 100. Fair Trial Guarantees
Section J. Compelling accused persons to testify against themselves or to confess guilt
China’s Criminal Procedure Law (1979), as amended in 1996, states: “It shall be strictly forbidden to extort confessions by torture and to collect evidence by threat, enticement, deceit or other unlawful means”.
China’s Criminal Law (1979), as amended in 1997, states:
Any judicial officer who extorts confession from a criminal suspect or defendant by torture or extorts testimony from a witness by violence shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. If he causes injury, disability or death to the victim, he shall be convicted and given a heavier punishment in accordance with the provisions of Article 234 or 232 of this Law.
China’s Organic Law of the People’s Procuratorates (1979), as amended in 1983, “strictly forbid[s] the obtainment of confessions by compulsion”.
In 2004, in a white paper on “Progress in China’s Human Rights Cause in 2003”, China stated:
Public security organs have practiced strict enforcement of the law and emphasized law enforcement in the interests of the people. They have … firmly dealt with violations of human rights involving the extortion of confessions by torture … and seriously dealt with law and discipline violations, so as to ensure that law enforcement by public security organs is strict, just and humane, and to protect and guarantee human rights.
In 2005, in a white paper on “China’s Progress in Human Rights in 2004”, China stated:
Since May 2004, the Supreme People’s Procuratorate has carried out a special campaign to severely deal with criminal cases involving government functionaries’ infringement upon human rights by misusing their powers, focusing on cases of illegal detention and search, extorting confessions by torture, gathering evidence with violence, [and] abusing people in custody.