The Rights Practice submission to the Secretary-General on the question of the death penalty pursuant to resolution 42/24 adopted by the Human Rights Council on 27 September 2019. On the consequences of the lack of transparency in the application and imposition of the death penalty on the enjoyment of human rights. March 2021 Lack of transparency in the application and imposition of the death penalty in China has an impact on the rights of those facing execution, their families and wider society. Death penalty statistics are a state secret. This hinders domestic and international understanding, and informed debate. Chinese scholars cannot adequately research the use of the death penalty and policy makers lack information for decision making. The absence of disaggregated data in China makes it impossible to assess how the death penalty impacts vulnerable groups, women, and ethnic minorities. Domestic Chinese NGOs face restrictions that inhibit their work, their right to information and right to impart information on the death penalty. Judicial secrecy leaves lawyers unable to access information vital to provide an adequate defence for their client. It is impossible to guarantee a fair trial in China. Family members of individuals sentenced to death are not provided with information on conditions in detention or execution. Chinese legal system Chinese Communist Party (CCP) policy informs all aspects of governance in China, including the legal system. The death penalty in China, therefore, takes place within the context of a criminal justice system that is subject to the CCP’s interests. The Party’s overriding concern is to maintain the ‘stability of society’ and the environment for Party rule.1 The CCP oversees the functioning of the institutions of the police, procuratorate and the courts. The police, procuratorate and the courts all operate ‘within the system’ and share privileged information among themselves. Lawyers are outside this system and are not guaranteed access to all information relevant to death penalty cases. Death penalty statistics are a state secret Statistics on death penalty cases are classified in China as a state secret. This includes both the monthly and annual number of death sentences and executions. China has never answered domestic and international calls for disclosure of relevant statistics.2 1 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 2 United Nations Human Rights Council. “Universal Periodic Review – China. Third Cycle” 6 November, 2018. https://www.ohchr.org/EN/HRBodies/UPR/Pages/CNindex.aspx 1