Chinese prosecutors and lawyers prepared to protect human rights

In 2012, the revised Criminal Procedure Law was adopted in China. Respecting and safeguarding human rights are stated as an objective of this newly revised legislation. The amendments to the law reflects China’s ultimate ratification of the International Covenant for Civil and Political Rights (ICCPR).

Better protection for suspects and detainees

As a result of the revision, most of the fair trial guarantees contained in the convent for civil and political rights, providing better protection for suspects and detainees and an improved framework for defence lawyers to carry out their work, is being incorporated.The Institute has worked with Chinese partners on the revisions to the law and capacity building of Chinese partners in understanding and advocating for the application of human rights standards since 2006. Their contribution to the revision of the law has been very significant, as more of their recommendations are directly incorporated in the law.

Preventing infringement on suspects’ rights

To enhance the implementation of the amendments, the Institute has supported the human rights training of 2,000 public prosecutors and 15, 000 defence lawyers, conducted by the Hunan University School of Law and Beijing Shangquan Law Firm. The participants were exposed to several key aspects of human rights and criminal procedures, hereunder criminal procedure as a crime fighting and human rights protection mechanism; effective application of criminal compulsory measures; prevention infringement on suspect’s rights and rules of evidence and evidence collection.

Fundamental changes

The revised law strengthens human rights protection of suspects and detainees, as it includes several fundamental changes to the use of death penalty, procedural safeguards for suspects and detainees, basic fair trial guarantees and administrative detention. Also, it strengthens lawyer’s ability to be present during police interviews, to gather evidence, to cross-examine witnesses called by the prosecution, and to make objections against illegally obtained evidence.