Input for SG report on question of the death penalty. March 2022. Introduction Since 1 July 2020, judicial transparency in China has further declined hindering both domestic and international understanding of the application of the death penalty in China. Death penalty statistics remain a state secret.1 Without accurate, and disaggregated, data on the numbers of individuals sentenced to death, and executed, it is impossible for the Chinese government to guarantee the protection of the rights of those facing the death penalty. Lack of disaggregated data means that it is impossible to analyse the demographics of individuals sentenced to death in China. The Chinese government cannot guarantee that persons under the age of 18, pregnant women or individuals with mental or intellectual disabilities are not impacted. From the information that is available— Chinese legal provisions, the experience of Chinese lawyers, and case reports—it is clear that China falls far short of minimum international standards in implementation of the safeguards.2 There is some evidence to suggest that women with young children are often given a two-year suspended death sentence, which is subject to lower review standards. Persons with mental or intellectual disabilities in China are not adequately protected by Chinese law. A lack of clear procedures in assessing mental health, criminal responsibility and problems with forensic mental health assessments in criminal cases mean that persons with mental or intellectual disabilities can be executed. Lack of judicial transparency Since at least June 2021, China’s Supreme People’s Court (SPC) has removed thousands of cases, including all SPC review decisions of death penalty cases, from China Judgements Online, an online database of decisions from all levels of Chinese courts.3 China Judgements Online 4 was established by the SPC in 2013, as a response to calls for greater judicial transparency. According to SPC Provisions issued in 2016, all criminal case documents should be published on this website.5 There are, however, exceptions for cases involving state secrets, and cases have always been uploaded selectively. 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 2 The Rights Practice, “Respect for Minimum Standards? Report on the Death Penalty in China”. October 2020. https://www.rights-practice.org/Handlers/Download.ashx?IDMF=2a885eaf-8f27-4180-9cd0-20344ad47f50 3 Luo Jian; Kellogg, Thomas. “Verdicts from China’s Courts Used to Be Accessible Online. Now They’re Disappearing.” ChinaFile. 1 February 2022. https://www.chinafile.com/reporting-opinion/viewpoint/verdictschinas-courts-used-be-accessible-online-now-theyre-disappearing 4 China Judgments Online. The Supreme People's Court of The People's Republic of China. http://wenshu.court.gov.cn 5 Supreme People’s Court. “Provisions on People’s Court Release of Judgements on the Internet” 29 August, 2016. https://www.chinalawtranslate.com/en/the-supreme-peoples-court-provisions-on-peoples-courts-releaseof-judgments-on-the-internet/ 1 2