Chinese Law
“Death Row” Conditions
Individuals sentenced to death in China are not detained separately from others on a specific “death
row.” Prisoners continue to be held in detention centres (kanshousuo) between sentencing and
execution. They will share a large cell with inmates in pre-trial detention and those given short-term
prison sentences. There are no official data or information on conditions for detainees or those,
specifically, facing the death penalty. Reports from former detainees, convicted of lesser crimes, and
lawyers reveal conditions that do not meet international standards.
Detention Centres
In mid-June 2017 the Ministry of Public Security issued its draft Detention Centre Law for public
consultation, however no further progress has been made to bring legislation to the NPC. Despite
calls over the years for detention centres (kanshousuo) to be transferred to the authority of the
Ministry of Justice, they remain under police jurisdiction. The Detention Centre Law will update the
1990 Detention Centre Regulations. In recent years, Chinese legal academics and officials have
engaged with international experts on best practice and international law. However, the draft
available for public consultation offers no significant improvements on current regulations. The
Ministry of Public Security retains its control of pre-trial detention (article 6) and detention centres
will continue to cater to the same three categories of prisoners: pre-trial, short term sentences and
the death penalty.
The notorious “hide and seek” case in 2009, in which a young man in Yunnan allegedly died from
playing hide and seek with cell mates, highlighted security concerns and the potential for abuse and
official cover-ups. This and other cases which attracted public ire led to calls for stronger monitoring
of detention facilities by the procuratorate.
There is no independent monitoring of detention centres and few outsiders have access. In recent
years, former detainees, including several foreign nationals, have released accounts of their
incarceration. Reports from former detainees describe a daily regime of petty humiliation including
the withholding of toilet paper and eating utensils. Detainees are disciplined through the imposition
of long periods of silence and immobility.
The diet in detention centres is of low nutritional value, particularly in poorer provinces. Detainees
are allowed to purchase better food as well as daily necessities with funds deposited by friends or
relatives. However, costs are well above the market rate and the right to deposit funds has been
denied in politically sensitive cases.
Detention centres have made little effort to accommodate the specific needs of their diverse and
vulnerable populations from physical, learning and mental disabilities to healthcare and religious
observance.
52
選擇目標文字3
連接到段落
連接到實體
取消高亮顯示
新增到目錄