Exclude evidence obtained by torture: China SC tells judges

Close on the heels of abolition of the dreaded labour camps, China's Supreme Court today told judges to disregard evidence and testimonies obtained through torture and other illegal methods to promote fair justice.
The Supreme People's Court (SPC) has told judges to exclude evidence and testimonies obtained through torture and other illegal methods, official media here reported.
According to an SPC document, setting up and improving a mechanism to prevent wrong judgements in criminal cases, illegal evidence and defendant testimony obtained through torture or other illegal methods - such as forcing the accused to suffer from extreme temperatures, hunger and fatigue must be ruled out.

"Evidence must be valued. The traditional concept and practice of a testimony being the most paramount should be changed, and more attention should be paid to examining and using material evidence," state-run Xinhua news agency quoted the document as saying.
Torture has been a practice of widespread concern used by Chinese law enforcement officials who intend to wrap up cases quickly through forced testimony or confessions.
The announcement followed the recent abolition of labour camps, where people protesting injustice and ill-treatment were jailed for over three years without trial.

It was abolished by the key Plenum meet of the ruling Communist Party of China (CPC) this month.

Evidence obtained through torture became a national embarrassment in a 2010 case, when Zhao Zuohai, a villager in the central province of Henan, aroused national sympathy after it was discovered that he had spent ten years in prison for allegedly murdering a man who was actually alive.
Zhao was acquitted and released from prison after the supposedly murdered victim showed up alive.
Consequently, three former police officers were arrested for allegedly torturing Zhao into confessing to a crime that he never committed.
According to the SPC document, courts should strictly follow legal procedures and responsibilities during a case.
They are forbidden to take part in investigations by police and prosecuting organs.

Cases that might involve wrong judgements should be counter checked, and rulings that have been determined to be improper must be corrected in a timely manner, it said.
The document echoes a high-profile reform plan approved earlier this month by the Communist Party of China (CPC) promising to improve human rights by reducing the number of death sentences, preventing confessions through torture, and other measures.
Capital punishment should be handed down by seasoned judges and must be ruled out if evidence is not sufficient, the document said.