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Three Approaches to Combating Torture in China [Minkštas viršelis]

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  • Formatas: Paperback / softback, 238 pages, aukštis x plotis: 240x160 mm
  • Serija: Maastricht Series in Human Rights
  • Išleidimo metai: 07-Jun-2012
  • Leidėjas: Intersentia Ltd
  • ISBN-10: 1780680880
  • ISBN-13: 9781780680880
Kitos knygos pagal šią temą:
Three Approaches to Combating Torture in ChinaDidesnis paveikslėlis
  • Formatas: Paperback / softback, 238 pages, aukštis x plotis: 240x160 mm
  • Serija: Maastricht Series in Human Rights
  • Išleidimo metai: 07-Jun-2012
  • Leidėjas: Intersentia Ltd
  • ISBN-10: 1780680880
  • ISBN-13: 9781780680880
Kitos knygos pagal šią temą:
Pastovi nuoroda: https://www.kriso.lt/db/9781780680880.html
Raktažodžiai:
This book is designed to serve as a report of the Prevention of Torture in the People's Republic of China Program, a three-year program of seminars, meetings, and field research conducted collaboratively by Renmin University of China, Maastricht University, the Rights Practice (UK), and the Great Britain-China Center. The first part of the book compares the exclusionary rule in China and Europe. Part 2 concentrates on prevention of torture in places of detention and contains an annotated version of the draft Detention Center Law developed in the program. Part 3 describes a police training program in two Chinese cities in 2011. The book will interest researchers and policymakers in human rights. Weidong is affiliated with Renmin University Law School of China. Spronken is affiliated with Maastricht University, the Netherlands. Distributed in North America by ISBS. Annotation ©2013 Book News, Inc., Portland, OR (booknews.com)

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)
Preface v
Biographies xv
Abbreviations xvii
A Three-Way Approach to the Fight Against Torture. Procedural Sanctions, Prevention in Places of Detention, and Improvement of Police Interrogation Techniques 1(10)
Chen Weidong
Cheng Lei
Taru Spronken
1 The Research Perspective
1(2)
2 The Importance of China-EU Cooperation in Torture Research
3(1)
3 Latest Developments in China's Judicial Reform and Legislation
3(4)
4 How to Read the Book
7(4)
PART I THE EXCLUSIONARY RULE IN CHINA AND EUROPE
1 The Premise of Our Discussion: Comparing General Characteristics of the Criminal Justice Systems in China and the EU
11(18)
Chai Yufeng
Taru Spronken
1 Introduction
11(3)
2 Comparison of the Basic Elements of the Criminal Justice Systems in China and Europe
14(11)
2.1 The Status of Courts: Independence of Judges
14(3)
2.2 The Status of Case Law: The Case Precedents System and Case Guidance System
17(2)
2.3 Procedural Rights of Criminal Suspects and Defendants in Relation to the Collection of Evidence
19(1)
2.3.1 Right to Silence
20(1)
2.3.2 Right to Legal Aid and Right to Confidential Communication with Lawyers
21(1)
2.3.3 Right to be Informed
22(2)
2.3.4 The Right of Criminal Suspects and Defendants to Investigate and Participate in the Proceedings
24(1)
3 Concluding Remarks
25(4)
Bibliography
25(4)
2 A Summary of the Application of the Exclusionary Rule in Europe
29(24)
Taru Spronken
Chai Yufeng
1 Introduction
29(1)
2 The Exclusionary Rule in the Netherlands
30(10)
2.1 Characteristics of the Dutch Criminal Justice System
30(3)
2.2 The Dutch Exclusionary Rule
33(1)
2.3 Legal Provisions Related to the Exclusion of Illegally Obtained Evidence
33(2)
2.4 Excluding Statements of a Suspect
35(1)
2.5 Case Law on the Exclusionary Rule
36(3)
2.6 Fruits of the Poisonous Tree
39(1)
2.7 Summary
39(1)
3 Case Law of the European Court of Human Rights on the Exclusionary Rule Relating to Illegally Obtained Evidence
40(9)
3.1 Definition of Torture and Inhuman Treatment
41(1)
3.2 The Obligation to Investigate and the Burden of Proof
42(1)
3.3 Exclusion of Evidence Obtained in Breach of Article 3 ECHR -- The Gafgen Case
43(3)
3.4 The Exclusion of Evidence Obtained in Violation of Article 6 of the ECHR
46(3)
4 Conclusion
49(4)
Bibliography
50(3)
3 A Summary of the Exclusionary Rule of Illegally Obtained Evidence in China
53(38)
Chen Weidong
Chai Yufeng
1 Legal Sources for the Exclusionary Rule in China
53(12)
1.1 Sources of International Law
54(2)
1.2 Sources of Domestic Law
56(1)
1.3 Fundamental Civil Rights Protected by the Constitution
57(1)
1.4 Evolution of the Law and Relevant Judicial Interpretations
58(1)
1.5 The Two Evidence Rules (Two Rules)
58(1)
1.5.1 Basic Content and Significance
58(5)
1.5.2 Textual Flaws and Deficiencies in the Two Rules
63(2)
2 Judicial Practice of the Exclusionary Rule in China
65(17)
2.1 Cases in which the Exclusion of Illegally Obtained Evidence Failed
66(9)
2.2 Cases in which the Illegally Obtained Evidence was Excluded
75(7)
3 The New Exclusionary Rule Introduced by the 2012 Revisions to the Criminal Procedure Law
82(5)
3.1 The Direction of Reform of the Exclusionary Rule Identified by the Revised CPL
82(1)
3.2 Changes to the Substantive Rules of the Exclusionary Rule in the Revised CPL
83(2)
3.3 The Procedural Rules to Exclude Evidence in the Revised CPL
85(1)
3.4 Supervision by the People's Procuratorates over the Use of Illegal Means to Obtain Evidence
86(1)
4 Conclusion
87(4)
Bibliography
88(3)
4 An Analysis of the Issues Concerning the Development of China's Exclusionary Rule
91(14)
Chen Weidong
Chai Yufeng
1 Judicial Traditions and Barriers to Exclusion
93(3)
1.1 The Defendant, the Victim, or Close Relatives, and the Exclusionary Rule
94(1)
1.2 The Public and the Exclusionary Rule
94(2)
2 Procedure Structure and Barriers to Exclusion
96(4)
2.1 Relations between the People's Courts, the Public Security Authorities, and the People's Procuratorates
96(1)
2.2 The Relationship between the People's Procuratorates and the Public Security Authorities
97(3)
3 Enforcement Practice and Barriers to Exclusion
100(5)
Bibliography
102(3)
5 Improvement of the Exclusionary Rule in China
105(6)
Chen Weidong
Chai Yufeng
1 Perfecting Support Systems for the Exclusionary Rule
105(3)
1.1 Criminal Verdict Reasoning System
105(1)
1.2 Case Guidance System
106(2)
2 Effectively Combating the Extortion of Confessions by Torture and the Use of Other Illegal Means to Obtain Evidence
108(3)
2.1 Audio/videotaping of the Entire Interrogation Process
108(1)
2.2 The Presence of Lawyers during Interrogations
109(2)
6 Conclusion
111(4)
Chen Weidong
Taru Spronken
Chai Yufeng
PART II DETENTION CENTRE REGULATIONS
1 Moving Towards Modern Detention Centre Regulations
115(30)
Gerard de Jonge
1 Why Detention Centre Regulations are Important
115(5)
1.1 How a Sad Incident can Trigger Innovations -- The `Hide and Seek' Case
115(2)
1.2 Suspects are `Legal Citizens' and Should be Treated as such
117(1)
1.3 The Function of Detention Centres and the Treatment of Detainees
118(1)
1.4 Legal Guarantees for Fair Treatment and Protection against Ill Treatment
119(1)
2 UN Detention Standards
120(6)
2.1 Detention Standards as Part of, or Based on UN Treaties
121(1)
2.1.1 The International Covenant on Civil and Political Rights (ICCPR)
121(1)
2.1.2 The International Convention on the Rights of the Child (CRC)
121(1)
2.1.3 The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment and Punishment (CAT)
122(1)
2.1.4 Detention Regulations Based on the Rome Statute of the International Criminal Court
123(1)
2.2 Detention Standards in UN Non-treaty Documents
124(1)
2.2.1 Standard Minimum Rules for the Treatment of Prisoners (SMR) and Some Connected Documents
124(1)
2.2.2 The Istanbul Protocol
125(1)
3 European Detention Standards
126(7)
3.1 Detention Standards as Part of or Derived from European Treaties
127(1)
3.1.1 The European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR)
127(2)
3.1.2 European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (1987)
129(1)
3.1.3 The Charter of Fundamental Rights of the European Union
130(1)
3.2 Detention Standards in European Non-treaty Documents
131(1)
3.2.1 Council of Europe Recommendations
131(2)
4 Detention Law and Practice in the European Union
133(2)
4.1 No Common EU Detention Law as yet
133(2)
5 The Relevance of UN and European Detention Standards for the Chinese Penitentiary System -- Legal Culture and the Problem of Transferability
135(2)
6 Empirical Research in China and Study Visits to Europe
137(8)
6.1 The Pilot on Inspection of Detention Centres by Lay Visitors in Liaoyuan
137(1)
6.1.1 Background and Objectives
137(1)
6.1.2 Research Method
138(1)
6.1.3 Outcome
139(1)
6.2 The Pilot of the Wuhu Prisoners' Complaints Mechanism
140(2)
6.3 Study Visits made by Chinese Academics and Professionals to Europe
142(1)
6.4 The Outcome: A Draft Text to be Disseminated
143(1)
Bibliography
144(1)
2 Expert Proposal for a Draft Detention Centre Law
145(48)
Cheng Lei
1 Introductory Note
145(1)
2 The Text of the Proposed Draft Dentention Centre Law
145(48)
3 Some Personal Notes on the Draft Detention Centre Law
193(10)
Gerard de Jonge
1 A Great Step Forward
193(1)
2 The Wish List of a European Outsider
194(9)
PART III ENHANCING POLICE INTERVIEWING SKILLS
Skills for Interrogating Criminal Suspects
203(1)
Miet Vanderhallen
Cheng Lei
1 Introduction
203(1)
2 Shifting The Focus from Confession to Search for Truth
204(15)
2.1 Legal Consequences
206(2)
2.2 Investigative Interviewing Models
208(2)
2.2.1 Premises
210(2)
2.2.2 Component 1: Preparation
212(1)
2.2.3 Component 2: Interview
212(1)
2.2.3.1 Steps
213(5)
2.2.3.2 Skills
218(1)
2.2.4 Component 3: Evaluation
219(1)
3 Interview Training
219(2)
4 Skills Training in China
221(7)
4.1 Participants
222(1)
4.2 Programme
223(1)
4.2.1 Content
223(1)
4.2.2 Didactics
224(1)
4.3 Training Materials
225(2)
4.4 Training Evaluation
227(1)
5 Conclusion
228
Bibliography
228