Transparency In 2006, the UN Special Rapporteur on extrajudicial, summary or arbitrary executions, Philip Alston, underlined the view that “transparency is among the fundamental due process safeguards that prevent the arbitrary deprivation of life.”11 Without transparency in proceedings and access to information the role of the lawyer in representing their client is impeded and the risk of ill-treatment and torture increased. “Transparency is among the fundamental due process safeguards that prevent the arbitrary deprivation of life.” UN Special Rapporteur on extrajudicial, summary or arbitrary executions In China, lack of transparency hinders not only lawyers in effectively defending their clients in death penalty cases, but also researchers in understanding the use of the death penalty.12 Statistics on death penalty cases are classified as a state secret. This differs from the other countries analysed for this study where researchers had access to official national statistics on the use of the death penalty. Although Singapore publishes annual statistics on the number of executions, the government does not disclose the number of people on death row or the demographics of these individuals. Lawyers in China are not permitted access to secondary files which may include “trial secrets”.13 This restricts lawyers’ access to information that may be vital for the defence of their client. Chinese legal professionals have previously called to reduce or abolish the secondary file as it contradicts calls by the Supreme People’s Court (SPC) for greater judicial transparency. In 2013, the SPC set up China Judgments Online, an online database of decisions from all levels of Chinese courts.14 However, observers have expressed concern at missing cases, notably death sentences. Our Chinese researcher noted that recently even more judgments have disappeared. In recent years Chinese courts have used “limited seating” or covid-19 controls as an excuse to restrict public access to the courtroom, including that of family members. Issues of transparency and how this impacted on the role of the lawyer and also the families of those executed were raised by Taiwan Alliance to End the Death Penalty (TAEDP) in their report on Taiwan. They highlighted cases in which convicted defendants had not been informed of the decision to execute by firing squad until the morning of the execution. With lawyers also kept in the dark prior to the execution they had no possibility of assisting defendants in seeking special relief or pardon procedures. Families were not informed until the sentence was carried out. 11 Report of Philip Alston, the Special Rapporteur on extrajudicial, summary or arbitrary executions. Transparency And The Imposition Of The Death Penalty. 24 March 2006. UN document: E/CN.4/2006/53/Add.3 https://digitallibrary.un.org/record/572624 12 The Rights Practice. “Lack of Transparency on the Death Penalty Impacts Human Rights”. March 2021. https://www.rights-practice.org/news/lack-of-transparency-on-the-death-penalty-in-china-impacts-human-rights 13 Ibid 14 Ibid 6