UN Universal Periodic Review of China.

Mid-term Report.

The Rights Practice

The Rights Practice works to promote human rights (as set out in the Universal Declaration of

Human Rights and subsequent UN conventions and declarations). Our mission is to build the

capacity of those working for human rights. We have built a programme of work that addresses

three strategic themes within China: access to justice, human rights and criminal justice, and

public participation.

For many years we have engaged with Chinese legal scholars, lawyers and judicial officials to

help prevent the use of torture, reduce the application of the death penalty and support civil

society. This mid-term report is informed by stakeholder consultations and review of Chinese

17 Oval Way

London

SE11 5RR

www.rights-practice.org

I. INTRODUCTION

1. The Third Cycle 31

in November 2018. In this mid-term report we reflect on the recommendations made to

3. The interests of the Chinese state and communist party influence every element of the

criminal justice system. The police, procuratorate and the courts all operate within this

system and share privileged information among themselves.

4. Our key cross-cutting concerns are: obstacles to the right to a fair trial, restricted access

to lawyers and the lack of judicial transparency.

II. DEATH PENALTY

5. China is estimated to be the world’s leading executioner, executing thousands each year,

criteria of “most serious crimes.”

7. A death sentence in China is either approved with ‘immediate execution’ or with a ‘two-

executions but it is also associated with higher risks of miscarriages of justice.

8. China did not support, or accept, any recommendations on the death penalty made at

10. A total of 17 (28.158 – 28.169) other states made recommendations on the death penalty,

some states made more than one recommendation. China did not accept any of these

recommendations.

1

A/HRC/40/6/Add.1

2

The Rights Practice, “Respect for Minimum Standards? Report on the Death Penalty in China,” October 2020.

https://www.rights-practice.org/news/respect-for-minimum-standards-report-on-the-death-penalty-in-china

11. Specifically, states recommended that China establish a moratorium on all executions

and take steps towards abolition; further reduce the number of crimes punishable by the

death penalty; increase transparency and publish death penalty statistics.

Optional Protocol, it has not established a moratorium nor reduced the crimes

punishable by death.

13. Death penalty statistics remain a state secret and are not published. Since the last UPR,

China has further moved away from judicial transparency. Since July 2021, thousands

have been taken off China Judgements Online. This is an online database of decisions

from all levels of Chinese courts.

15. Several prominent Uyghurs are reported to have been given two-year suspended death

Deputy Secretary of the Education and Work Committee in XUAR and Shirzat

Bawudun, former head of the department of justice in the XUAR.

16. In August 2021, China adopted a new Legal Aid Law. This will take effect on 1 January

2022. It introduced the possibility of accessing legal aid at the SPC review stage of

death penalty cases. It also stated that all capital defence lawyers should have three

2021. https://www.theguardian.com/world/2021/aug/10/china-death-sentence-canadian-robert-schellenberg-michael-spavor

7

Standing Committee of the National People's Congress, “Legal Aid Law of the People’s Republic of China,” 8 August

2021. https://www.chinalawtranslate.com/en/legal-aid-law/

State Council Information Office, The People’s Republic of China. “Full Text: Human Rights Action Plan of China (2021-

this will be implemented in practice.

vital to provide an adequate defence for their client in death penalty cases. Even if an

individual sentenced to death has access to a lawyer, an effective defence cannot be

guaranteed. There is a high risk of arbitrary execution in the use of the death penalty.

20. Lack of transparency in the application and imposition of the death penalty impacts

those facing execution, their families and wider society. China cannot claim to have

reduced executions or improved criminal procedure while judicial secrecy continues.

China voted against the most recent Human Rights Council resolution, adopted at the

48

https://undocs.org/a/hrc/48/l.17/rev.1

Xinjiang Regulations”, China Law Translate. 11 October, 2018. https://www.chinalawtranslate.com/en/explainer-on-

xinjiang-regulations/.

The Rights Practice. “Invisible Pain: sexual and gender-based violence in Xinjiang.” November 2020. https://www.rights-

26. Official data from 2017-2019 shows a huge spike in the number of persons arrested and

charged in XUAR. There was a 731.6% increase in arrests in 2017 over the previous

year. This will have increased the risk of unfair trials and prison overcrowding.

defenders.

28. RSDL is unregulated, although legal under the Chinese Criminal Procedure Law, and

is a form of enforced disappearance.

It allows the police to hold an individual, prior

to arrest, for up to 6 months in any location or building chosen by police, without access

to a lawyer and without judicial oversight.

preventing torture and ill-treatment.

30. Three countries—Honduras (28.2), Denmark (28.13) and Estonia (28.13) —

recommended China ratify the Optional Protocol to the Convention against Torture and

Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT). China did not

accept these recommendations.

31. Three countries—United Kingdom of Great Britain and Northern Ireland (28.22),

France (28.23) and New Zealand (28.21) —recommended China implement the

31 August 2021. https://www.rights-practice.org/Handlers/Download.ashx?IDMF=2cc37e4d-31f6-4870-b7fa-3607fa63d102

13

International Service for Human Rights, The Rights Practice, Safeguard Defenders and The 29 Principles. ‘Call on China

to free defenders and #RepealRSDL’. 25 October, 2021. https://ishr.ch/action/campaigns/call-on-china-to-free-defenders-

human rights are also seriously protected. There is no such problem as arbitrary

detention.”

34. Two states—Germany (28.180) and Switzerland (28.176)—specifically recommended

that China put an end to the practice of RSDL. China did not accept and stated “China

35. Five states—Iceland (28.181), United States of America (28.336), Czechia (28.213),

Switzerland (28.176) and Australia (28.333)—specifically made recommendations to

release human rights defenders that are imprisoned for their work or in arbitrary

detention.

36. Since the last UPR, China has not responded to calls to grant unfettered access to

XUAR for relevant UN bodies such as the UN Office of the United Nations High

38. ‘Vocational and education training centres’ in XUAR continue to be illegal under

means there is no reliable data on how many individuals remain detained or the

conditions of detention, it is likely that mass detentions are ongoing.

39. In August 2019, China’s State Council Information Office issued a White Paper on

“Vocational Education and Training in Xinjiang” providing further details and

justification of its policies in XUAR. The White Paper describes ‘education and training

State Council Information Office White Paper, “Vocational Education and Training in Xinjiang,” August 17, 2019,

to free defenders and #RepealRSDL’. 25 October, 2021. https://ishr.ch/action/campaigns/call-on-china-to-free-defenders-

and-repealrsdl/

The Rights Practice. “A Secret Criminal Process”. May 2020. https://www.rights-practice.org/News/a-secret-criminal-

two years later resulted in a prison sentence. In October 2020, lawyer Chang Weiping

was disappeared under RSDL for “inciting subversion of State power” and his

whereabouts remain unknown. He has not been able to meet with a lawyer or family

members and has made allegations of torture during an earlier period in RSDL.

OHCHR. “China: Shock at continued crackdown on human rights defenders and lawyers – UN expert.” 16 December