China's highest criminal prosecution body has issued new
regulations detailing official abuses of authority, which it hopes
will stamp out the torture of criminals and criminal suspects.
The regulations issued by the Supreme People's Procuratorate
(SPP) on Wednesday outline 42 offences of abuse of office with
criteria against which prosecuting authorities could launch
investigations.
The offences include:
-- Divulging state secrets;
-- Releasing detainees without proper authority;
-- Abusing authority in company registration and
establishment;
-- Failing to properly collect taxes;
-- Illegally issuing logging and tree-felling permits;
-- Selling land-use rights below value;
-- Improperly recruiting public servants;
-- Aiding and abetting fugitives; and
-- Extracting confessions through torture, collecting evidence
by violent means and abusing detainees.
SPP Vice President Wang Zhenchuan said the SPP lacked detailed
standards and criteria by which to determine if officials were
guilty of abusing their authority or office.
"The new regulations detail circumstances in which officials can
be considered to be abusing their power," Wang said.
For example, previous regulations prohibited law enforcement and
judicial officers from using "brutal means" to extract confessions
and torture was defined as such based on whether it caused "serious
results".
But prosecutors had no practical guidelines to determine what
constituted "brutal means" or "serious results".
The new regulations detail eight criteria for the crime of
torture, including beating, binding, freezing, starving, exposing
suspects to severe weather, severely injuring suspects, and
directly or indirectly ordering others to torture.
Wang said the new regulations would help prosecutors determine
if an official had committed an offence and if an investigation was
required.
"The human rights of criminals suspects will be better protected
with these regulations," he said.
The SPP also disclosed that around 8,000 officials were on the
prosecutors' files for investigation of abuse of office
allegations. 60 to 70 percent of allegations relate to "economic"
offences.
The regulations also clearly define "official" and "state
worker" as people working for central or local governments,
judicial and law enforcement bodies, the armed forces, national or
local people's congresses, political consultative conferences, and
the Communist Party of China.
(Xinhua News Agency July 27, 2006)