A senior prosecutor has proposed tougher legislation against the
use of surveillance and "special investigation techniques" to
better protect human rights.
Zhu Xiaoqing, deputy procurator-general of the Supreme People's
Procuratorate, raised the proposals this week during a seminar
sponsored by the Ministry of Public Security and the Chinese
People's Public Security University.
With the Standing Committee of the National People's Congress,
the top legislature, set to finalize the 7th amendment into
Criminal Procedure Law this October, the seminar met to discuss
ways to improve the investigation process.
"The law needs to clarify the conditions, scope, procedures and
judicial consequences of the application of such detection
methods," Zhu said.
Surveillance and investigation methods include phone-bugging,
secret photography, videotaping, tracking, and mail and personal
data inspection.
"We also have to strengthen our witness protection program so
they can present their testimony without fear," Zhu said.
Chen Weidong, a professor at the Law Institute of the Renmin
University of China, said that although the current Security Law
and Procuratorators Law hold provisions covering the application of
technical and special investigation, they are not adequate in
protecting basic human rights.
Chen proposed that "secret investigations" should only be used
under specific circumstances, such as safeguarding national
security or in anti-terror and drug-related cases.
"A strict judicial review system is needed to keep such
investigations in check," Chen said.
"Only after receiving authorization from a higher authority
should investigators use such methods."
Zhu also proposed improving interrogation procedures to prevent
forced confessions.
"Evidence collected illegally from forced confessions, torture,
inducing and cheating must be stamped out," Zhu said.
"An effective mechanism against extracting confession by torture
should be established."
Zhu proposed that suspect interrogation be fully videotaped in
such cases as homicide, graft, and other serious crimes.
Zhu also said procuratorate departments should improve internal
supervision, making them more open and accountable.
Zhang Jun, vice-president of the Supreme People's Court, said
that a suspect's lawyer should be allowed to be present during
questioning.
"Having lawyers present during questioning is key to eliminating
confessions by torture, so that the rights of suspects are
protected," he stated.
Although it is against the law, some cases of torture during
interrogation have been widely reported by the media.
(China Daily August 24, 2007)