Three Approaches to Combating Torture in China

Edited by: Chen Weidong, Taru Spronken

In China, the use of torture, or cruel and inhuman treatment, in law enforcement and detention is not only well-documented by international human rights NGOs, but is also widely considered an 'open secret' within China itself. There is growing recognition from both officials and academic commentators that the problem of torture has to be tackled more effectively than hitherto. The fight against torture remains a momentous task, but as this book demonstrates, there is much that can be achieved through the collaborative efforts of reform-minded academics and practitioners in China and around the world. This book is the culmination of a three-year EIDHR-funded collaborative project to prevent torture in China. Part One of the book analyzes the relationship between rules of evidence, the newly passed Chinese Criminal Procedure Law, and forced confessions in China and Europe. This section advocates that the exclusionary rule as a sanction against torture should be made more operational in China. Part Two draws on the practical experience of running two pilots, a lay visitor scheme, and a complaints mechanism in two detention centers in China. It examines the importance of detention center regulations and mechanisms to monitor places of detention. It then sets out a new draft on detention center law for China, which provides greater respect for detainee rights and better safeguards against ill-treatment. Part Three is based on training for police, which took place in Gansu and Sichuan in 2011. Here, the book challenges the practice of police investigators who take shortcuts in interrogation and rely too heavily on forced confessions. It presents a model for ethical and responsible suspect interviews. Three Approaches to Combating Torture in China is meant for anyone with an interest in legal reform in China. It will be essential reading for academics, researchers, students, and policymakers in the area of human rights and criminal justice. (Series: Maastricht Series in Human Rights)

258 pages

Publication Date: 9/8/2012
Format: Paper
ISBN: 9781780680880