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Chinese Press Discusses Implementation of New Anti-Torture Measures

Chinese news media have carried several articles that discuss the practical application of new measures to combat torture.

Chinese news media have carried several articles that discuss the practical application of new measures to combat torture.

According to an article in the Procuratorial Daily, a Chengdu court has handled its first case involving the application of a new provincial rule designed to exclude illegally obtained evidence. In April 2005, Sichuan province announced the adoption of a rule that requires the taping of interrogations in "major cases" and requires courts to exclude coerced statements and confessions if police cannot provide a rational explanation of the alleged coercion or refuse to investigate allegations of abuse (see related story here). In a case on April 28, a Sichuan defendant recanted his confession at trial, alleging that police coerced it through torture and calling for application of the new rule. The court adjourned the trial and prosecutors investigated the allegation. When the trial resumed on May 26, police testified in court to refute it. According to the report, the court, relying on the testimony of alleged co-conspirators and the defendant's prior criminal record, rejected the defendant's contention, admitted the confession, and found him guilty.

A separate article in the Legal Daily questions whether the taping of interrogations will really control torture in practice. In recent months, Chinese news media reported on local experiments and a new Supreme People's Procuratorate initiative to tape interrogations in cases (see related stories here and here). While arguing that such measures are an important step forward, the Legal Daily article questions whether they will guarantee that interrogations are free of coercion in practice. Interrogators, it notes, will control the taping. Given the fact that interrogators have long ignored existing legal prohibitions on torture, it asks, how can the government guarantee that they will not manipulate the taping process? The author argues that further efforts, such as improving the legal consciousness of interrogators, creating a genuine presumption of innocence, and excluding all confessions obtained through torture, are necessary to get to the root of the problem. Through its analysis, the article indirectly raises the possibility that without additional protections, defendants may be worse off under the new rules, since law enforcement will be able to use interrogation tapes to "prove" that no coercion occurred while engaging in such activities off camera.