Supreme People's Procuratorate Promises to Focus on Eliminating Torture

May 31, 2005

Procuratorates across China will focus on addressing the problem of torture and coerced confessions this year, according to a report in the Legal Daily. The Supreme People’s Procuratorate announced the new effort during a national work conference on the supervision of criminal investigations. An SPP official reportedly declared that in the wake of the She Xianglin wrongful conviction case and reports of similar cases, the procuratorate will make eliminating the problem of torture and coerced confessions a priority. The official noted that the procuratorates would also work to address law enforcement corruption, illegal investigation and evidence collection methods, illegal bail, and other problems.

Procuratorates across China will focus on addressing the problem of torture and coerced confessions this year, according to a report in the Legal Daily. The Supreme People’s Procuratorate announced the new effort during a national work conference on the supervision of criminal investigations. An SPP official reportedly declared that in the wake of the She Xianglin wrongful conviction case and reports of similar cases, the procuratorate will make eliminating the problem of torture and coerced confessions a priority. The official noted that the procuratorates would also work to address law enforcement corruption, illegal investigation and evidence collection methods, illegal bail, and other problems.

According to the Legal Daily report, the SPP has instructed procurators that confessions obtained as a result of torture may not form a basis for the formal approval of arrests and that prosecutors must work to eliminate illegally obtained evidence. The SPP has also reportedly told prosecutors that in supervising investigations, they must conduct an inquiry of suspects when there are concerns about or allegations of torture, give weight to allegations of torture by suspects and any evidence of torture, and vigorously investigate such allegations and evidence. When investigative bodies refuse to address allegations of torture or rectify wrongdoing, prosecutors are directed to report the problem to higher levels.

Although torture has long been illegal in China, Chinese sources acknowledge that it is a widespread problem. The issue has taken on increased prominence in recent months as Chinese news media have reported on a series of wrongful convictions stemming in part from coerced confessions. A national outcry over these cases appears to be creating some official momentum to address the problem. In the past few weeks, officials have announced local experiments to exclude illegally obtained evidence at trial and permit lawyers to attend criminal interrogations. With amendments to China’s Criminal Procedure Law currently under discussion, such experiments may be preludes to national-level reforms. The new SPP policy is further evidence of such movement, and could be a significant positive step toward addressing the torture problem if implemented.

An English-language Xinhua report on the new policy is available here.