Three Approaches to Combating Torture in China

The use of torture, cruel and inhuman treatment in law enforcement and detention in China is not only well documented by international human rights NGOs but 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. This book is the culmination of a three-year EIDHR-funded collaborative project between Renmin University of China, the University of Maastricht, the Rights Practice, and the Great Britain China Centre to prevent torture in China.
Editor(s):
Weidong Chen, Taru Spronken
Reeks:
Maastricht Series in Human Rights
Volume:
boek | verschenen | 1e editie
juni 2012 | xviii + 238 blz.

Paperback
€ 58,-


ISBN 9781780680880


Als u intekent op de reeks, wordt elke nieuwe titel uit de reeks u automatisch toegestuurd. U mag een reeks vrijblijvend schriftelijk opzeggen na ontvangst van min. 2 opeenvolgende uitgaven.

Inhoud

The use of torture, cruel and inhuman treatment in law enforcement and detention in China is not only well documented by international human rights NGOs but 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 Europe.

Three Approaches to Combating Torture in China is the culmination of a three-year EIDHR-funded collaborative project between Renmin University of China, the University of Maastricht, the Rights Practice, and the Great Britain China Centre to prevent torture in China. In Part one, Chen Weidong, Chai Yufeng and Taru Spronken analyse the relationship between rules of evidence, the newly passed Chinese Criminal Procedure Law and forced confessions in China and Europe. Through their research they advocate 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 centres in China. Gerard de Jonge examines the importance of detention centre regulations and mechanisms to monitor places of detention. Cheng Lei then sets out a new draft on detention centre law for China, which provides greater respect for detainee rights, and better safeguards against ill-treatment. The final part is based on training for police which took place in Gansu and Sichuan in 2011. Here, Miet Vanderhallen challenges the practice of police investigators who take shortcuts in interrogation and rely too heavily on forced confessions. She presents a model for ethical and responsible suspect interviews.

This book is meant for anyone with an interest in legal reform in China and essential reading for academics, researchers, students and policy-makers in the area of human rights and criminal justice.


About this book
‘[this] book presents very useful information on the problem of police torture in China, explores the possibility of applying other nations’ experiences to one’s learning and reforming, and suggests some new ideas on how to curb torture.’
Bin Liang in Crime, Law and Social Change (2013) 577

Hoofdstukken

Table of Contents (p. 0)

A THREE-WAY APPROACH TO THE FIGHT AGAINST TORTURE. PROCEDURAL SANCTIONS, PREVENTION IN PLACES OF DETENTION, AND IMPROVEMENT OF POLICE INTERROGATION TECHNIQUES (p. 1)

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 (p. 9)

2. A SUMMARY OF THE APPLICATION OF THE EXCLUSIONARY RULE IN EUROPE (p. 29)

3. A SUMMARY OF THE EXCLUSIONARY RULE OF ILLEGALLY OBTAINED EVIDENCE IN CHINA (p. 53)

4. AN ANALYSIS OF THE ISSUES CONCERNING THE DEVELOPMENT OF CHINA’S EXCLUSIONARY RULE (p. 91)

5. IMPROVEMENT OF THE EXCLUSIONARY RULE IN CHINA (p. 105)

6. CONCLUSION (p. 111)

PART II: DETENTION CENTRE REGULATIONS

1. MOVING TOWARDS MODERN DETENTION CENTRE REGULATIONS (p. 113)

2. EXPERT PROPOSAL FOR A DRAFT DETENTION CENTRE LAW (p. 145)

PART III: ENHANCING POLICE INTERVIEWING SKILLS

SKILLS FOR INTERROGATING CRIMINAL SUSPECTS (p. 201)

Over de reeks

Maastricht Series in Human Rights

The Maastricht Series in Human Rights facilitates and supports research in the field of human rights at the Maastricht Centre for Human Rights of Maastricht University’s Faculty of Law. The research is interdisciplinary, with a focus on public international law, criminal law and social sciences.

Volume in the series have been peer reviewed under the responsibility of the Board of the Centre. The Series is published under the editorial supervision of Professor Menno Kamminga and Professor Fons Coomans.

With a subscription to the series you enjoy a 15% discount on each volume!

Meer over deze reeks