Input for SG report on question of the death penalty. March 2022. wrongful convictions. Individuals sentenced to a two-year suspended death sentence may also still suffer psychological distress that resembles death row phenomenon.10 Persons with mental or intellectual disabilities Since 1 July 2020, there have been cases of persons with a history of mental illness, or without clearly having had a mental health assessment, executed in China. For example, in October 2021, Wu Chi-man, a Hong Kong man with a history of mental illness was executed in China for drug trafficking.11 Wu had been diagnosed with polysubstance abuse, hallucinations and adjustment disorder in Hong Kong. His psychiatric history was not considered at the trial stage of his case, or during his appeal which upheld the death sentence with immediate execution. There are many issues in Chinese law surrounding criminal responsibility, the understanding of mental illness and assessment procedures, in death penalty cases. The Chinese Criminal Law, Article 18, states that a mentally ill person should not bear criminal responsibility if they were unable to understand or control their conduct at the time of the offence, if confirmed by a mental health evaluation. They should not be subject to criminal punishments, including the death penalty. However, there is no clear definition of what constitutes a mentally ill person, and no definition in Chinese law of mental disorder. There is also no explicit legal provision that prohibits the execution of persons for reasons of insanity. The police, procuratorate, and courts can order a mental health assessment of a criminal suspect at any stage of the case. However, there is a lack of knowledge and understanding of mental illness among them, as well as lawyers, which means that vulnerable persons are not adequately protected. Defence lawyers may apply for a supplementary, or new, mental health assessment if they have concerns about the original assessment. This new assessment must then be authenticated in order to be used as evidence, but many judges also lack the expertise, or courage, to make an independent judgment about such authentication. The defence cannot appeal if their request for authentication of a mental health assessment is turned down. Since 1 July 2020, there have been some steps made by the Chinese government to improve legal protections for vulnerable groups including persons with mental illness. In January 2022, a new Legal Aid Law came into effect.12 Under this new law, a suspect in a criminal case who does not have a defender is automatically entitled to a legal aid lawyer if the accused lacks mental capacity, and if they might be sentenced to death. Legal aid lawyers can also be appointed during the SPC Review Stage of a death penalty case. Simultaneously, the SPC and Human Rights Commission. “Extrajudicial, Summary or Arbitrary Executions. Report of the Special Rapporteur, Philip Alston: Transparency and the Imposition of the Death Penalty,” March 24, 2006, UN Doc. E/CN.4/2006/53/Add.3. Para. 42-51 11 Ho, Kelly. “China executes Hongkonger with history of mental illness over drug trafficking”. Hong Kong Free Press. 29 October 2021. https://hongkongfp.com/2021/10/29/china-executes-hongkonger-with-history-ofmental-illness-over-drug-trafficking/ 12 Legal Aid Law of the People’s Republic of China. 8 August 2021. Unofficial English translation by China Law Translate: https://www.chinalawtranslate.com/en/legal-aid-law/ 10 4