China (includes Tibet, Hong Kong, and Macau)
Section 1. Respect for the Integrity of the Person, Including Freedom from:
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The law prohibits the physical abuse and mistreatment of detainees and forbids prison guards from coercing confessions, insulting prisoners’ dignity, and beating or encouraging others to beat prisoners. Amendments to the criminal procedure law exclude evidence, including coerced confessions obtained through illegal means, in certain categories of criminal cases. Enforcement of these legal protections continued to be lax.
Numerous former prisoners and detainees reported they were beaten, subjected to electric shock, forced to sit on stools for hours on end, hung by the wrists, raped, deprived of sleep, force-fed, and otherwise subjected to physical and psychological abuse. Although ordinary prisoners were abused, prison authorities reportedly singled out political and religious dissidents for particularly harsh treatment. In some instances close relatives of dissidents also were singled out for abuse.
The problem of torture was systemic, according to a UN Committee against Torture report released in December 2015 that detailed the extent to which torture was embedded in the criminal justice system. While the UN committee acknowledged some improvements, such as the broader use of surveillance cameras during interrogations, the report stated that torture was “entrenched.”
A May 2015 Human Rights Watch report found continued widespread use of degrading treatment and torture by law enforcement authorities. Some courts continued to admit coerced confessions as evidence, despite the criminal procedure law, which restricts the use of unlawfully obtained evidence. After examining 158,000 criminal court verdicts published on the Supreme People’s Court website, Human Rights Watch found that judges excluded confessions in only 6 percent of the cases in which torture was alleged and that all the defendants were convicted, even in the cases when evidence such was excluded. Lawyers reported that interrogators turned to less-detectable methods of torture. Confessions were often videotaped; harsh treatment beforehand was not. Lawyers who attempted to shed light on the problem of torture in the criminal justice system themselves became targets of intimidation and harassment.
Family members asserted that rights lawyer Xie Yang was repeatedly tied up and beaten during his lengthy detention in Changsha, Hunan Province. According to reports leaked from the detention facility, at one point Xie required hospitalization after he was beaten until he lost consciousness. As of December he was still in detention. There were multiple reports that other lawyers, law associates, and activists detained in the “709” crackdown also suffered various forms of torture, abuse, or degrading treatment, including Sui Muqing, whom public security officers reportedly kept awake for days on end, and Yin Xu’an, whom security agents repeatedly tortured in an attempt to extract a confession. The lawyers of Wu Gan, another “709” detainee, also reported that Wu had been tortured following their meeting with him at the Tianjin No. 2 Detention Center. Guangdong attorney Sui Muqing, who was detained in July 2015 and held under residential surveillance at an undisclosed location until the end of the year, was reportedly tortured while in custody.
Members of the minority Uighur ethnic group reported systematic torture and other degrading treatment by law enforcement officers and the penal system (see section 6, National/Racial/Ethnic Minorities). Practitioners of the banned Falun Gong spiritual movement reported systematic torture more often than other groups.
The law states that psychiatric treatment and hospitalization should be “on a voluntary basis,” but it has loopholes that allow authorities and family members to commit persons to psychiatric facilities against their will and fails to provide meaningful legal protections for persons sent to psychiatric facilities. The law does not provide for the right to a lawyer and restricts a person’s right to communicate with those outside the psychiatric institutions.
According to the Legal Daily (a state-owned newspaper covering legal affairs), the Ministry of Public Security directly administered 23 high-security psychiatric hospitals for the criminally insane (also known as ankang facilities). While many of those committed to mental health facilities had been convicted of murder and other violent crimes, there were also reports of activists and petitioners involuntarily subjected to psychiatric treatment for political reasons. Public security officials may commit individuals to ankang facilities and force treatment for “conditions” that have no basis in psychiatry. In February, one domestic NGO reported that it had tracked more than 30 cases of activists “who were forcibly committed to psychiatric institutions in 2015, often without their relatives’ knowledge or consent.” For example, Shanghai authorities dispatched agents to intercept petitioner Lu Liming when he was en route to Beijing to protest. They detained him in a psychiatric facility, tied him to a bed for days, beat him, and forcibly medicated him.
As of January 2015, the government claimed it was ending the long-standing practice of involuntarily harvesting the organs of executed prisoners for use in transplants. In August the official Xinhua News Agency reported 10,057 organ transplants from voluntary donors were performed in the country in 2015, with transplants expected to increase 40 to 50 percent in 2016. Some international medical professionals and human rights researchers questioned the voluntary nature of the system, the accuracy of official statistics, and official claims about the source of organs. The country has no tradition of organ donorship, and its organ donor system remained fledgling.
Prison and Detention Center Conditions
Conditions in penal institutions for both political prisoners and criminal offenders were generally harsh and often degrading.
Physical Conditions: Authorities regularly held prisoners and detainees in overcrowded conditions with poor sanitation. Food often was inadequate and of poor quality, and many detainees relied on supplemental food, medicines, and warm clothing provided by relatives. Prisoners often reported sleeping on the floor because there were no beds or bedding. In many cases provisions for sanitation, ventilation, heating, lighting, and access to potable water were inadequate.
Adequate, timely medical care for prisoners remained a serious problem, despite official assurances that prisoners have the right to prompt medical treatment. Prison authorities withheld medical treatment from political prisoners. In April prison officials refused requests to send ailing Guangdong activist Yang Maodong (better known by his pen name Guo Feixiong) to a hospital for medical tests. To protest his treatment, he went on a hunger strike, during which prison officials reportedly force-fed him. Guo was also reportedly routinely tortured. In one attempt to humiliate him, prison officials performed a rectal exam on Guo, videotaped the procedure, and threatened to post the video online. In August authorities transferred him to a different prison hospital, and he ended his hunger strike.
Political prisoners were held with the general prison population and reported being beaten by other prisoners at the instigation of guards. Some reported being held in the same cells as death row inmates. Authorities did not allow some dissidents supplemental food, medicine, and warm clothing from relatives.
Conditions in administrative detention facilities were similar to those in prisons. Beating deaths occurred in administrative detention facilities. Detainees reported beatings, sexual assaults, lack of proper food, and limited or no access to medical care.
Administration: Authorities used alternatives to incarceration for both violent and nonviolent offenders. According to the State Council’s 2016 White Paper on Legal Rights, 2.7 million individuals participated in community correction, with an estimated 689,000 individuals in the program as of September. The same source reported an annual increase of 51,000 individuals in community correction programs.
There were no prison ombudsmen per se, but prisoners and detainees are legally entitled to submit complaints to judicial authorities without censorship and request investigation of credible allegations of inhuman conditions. The law states that letters from a prisoner to higher authorities of the prison or to the judicial organs shall be free from examination; it was unclear to what extent the law was implemented. While authorities occasionally investigated credible allegations of inhuman conditions, the results were not documented in a publicly accessible manner. Many prisoners and detainees did not have reasonable access to visitors and could not engage in religious practices.
Independent Monitoring: Information about prisons and various other types of administrative and extralegal detention facilities was considered a state secret, and the government typically did not permit independent monitoring.
Improvements: In August the Supreme People’s Procuratorate published data that favored an “education first” approach towards juvenile crime, specifically focusing on counseling over punishment, according to the Dui Hua Foundation. The same figures showed the number of juvenile arrests later dismissed by the court expanded from 26 percent in 2014 to 29 percent in 2015.