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“刑讯逼供”,英语翻译,可能会是哪些呢? 下面的是网友所发,请谨慎参考。
刑讯逼供 你儿子是个间谍
Torture. Your son is spy.
人权活动家们已经发现了刑讯逼供的书面证据。
Human rights campaigners have discovered documentary evidence of torture.
你知道 刑讯逼供在法庭上站不住脚
You know, a forced confession won't hold up in court.
非自愿性口供的排除规则 - 从刑讯逼供角度的分析
The exclusionary rule for involuntary oral statements - from the perspective of torture
人权倡导人士称,刑讯逼供在中国的警察局和看守所里很常见。
Torture is widespread in Chinese police stations and detention centers, human rights advocates say.
中级法院在一审时还无视教会信徒反对采用通过刑讯逼供获得的证词。
The Intermediate Court in the first trial also ignored Church members' objections to the introduction of statements obtained through torture.
中级法院也未就所声称的刑讯逼供展开调查。
Neither did the Intermediate Court investigate allegations of torture.
我相信今天如果我们团结起整个国际社会,共同作出一个决定来制止刑讯逼供我们有可能在有生之年达成目标但是有三个前提
I believe today that it is possible for us as a world community, if we make a decision, to come together and end torture as an investigative tool in our lifetime, but it will require three things.
此外,检察机关则可对违法的警察人员提起刑事控告并负责调查刑讯逼供案件。 [341]
In addition, the procuratorate can initiate criminal prosecution against offending police officers and is the main body that handles investigation of torture.
我们认为这充分的证明有刑讯逼供的。
We thought this was sufficient to prove there was torture.
他还进一步讨论了特别报告员与打击刑讯逼供的区域性机制合作的重要性。
He further discusses the importance of cooperation between the Special Rapporteur and regional mechanisms established to combat torture.
在最后一节,他讨论了刑讯逼供受害者得到补救和赔偿的权利。
In the final section, he discusses the right of victims of torture to a remedy and reparation.
5月16日,一份联合国报告指出刑讯逼供的现象仍广泛存在。
On May 16th a United Nations report noted that torture of suspects remains widespread.
联合国一名特别调查员说,刑讯逼供的现象在中国有所下降,但是依然很普遍。
A special U.N. investigator has said torture is on the decline in China, but remains widespread.
工作组认定,如此普遍地使用刑讯逼供,断绝了切实保障公平审判权的可能。
The Working Group finds that such pervasive use of torture to extract evidence nullifies the possibility to fulfil the guarantee of the right to a fair trial.
各党派的政客都坚持说在英国的安全政策中不存在刑讯逼供。
Politicians of all parties have insisted that torture plays no part in British security policy.
尽管对犯人刑讯逼供很常见,但中国检察官调查警察过度使用暴力是很罕见的事情。
It is rare for prosecutors in China to investigate the police for excessive violence, even though the torture of prisoners is common.
这些法律顾问认为,"当刑讯逼供导致成千上万条生命得到拯救,或许各国会非常不情愿就此抨击美国。"
The lawyers argued that "states may be very unwilling to call the U.S. to task for torture when it resulted in saving thousands of lives."
华盛顿 - 美国参议院周二投票禁止刑讯逼供,将采取措施确保政府不再利用水刑一类的审问技巧。
WASHINGTON - The Senate voted Tuesday to ban the use of torture, moving to ensure that the government does not return to interrogation techniques like waterboarding.
龚牧师及在其审判中被列为共同被告人的教会信徒在审判之前均向检控部门提起刑讯逼供指控。
Both Pastor Gong and the Church members who were co-defendants in his trials raised allegations of torture to the Procuratorate before trial.
在龚牧师一审和二审期间,他们还极力敦促法院审查他们所声称的刑讯逼供。
They also strenuously urged the judges during Pastor Gong's first and second trials to examine their claims of torture.
同样,在二审时,中级法院仍无视教徒反对采用通过刑讯逼供获得的证词。
In the second trial, the Intermediate Court similarly ignored objections to the use of evidence obtained through torture.
据消息来源称,龚牧师之所以承认犯有上述罪行,仅因为他在审前拘留期间遭到刑讯逼供。
According to the source, Pastor Gong recognized committing those crimes solely because he was subjected to torture during his detention before the trial.
据消息来源称,被拘留者在拘留期间受到刑讯逼供。
According to the source, the detainees were tortured in detention.
事由:根据在另一国家中刑讯逼供得到的供词,经过不公正审判判处死刑
Subject matter: Imposition of death penalty after unfair trial and on basis of confession obtained under torture in another country.
有多次关于刑讯逼供的指控。
There are repeated allegations of confessions extracted under torture.
那证词是刑讯逼供数日的结果
A statement made under duress after days of torture.
有一次暴动过后 我被民兵抓住刑讯逼供
Yes, on one occasion I was arrested and tortured by the rebel militia after the Desert Uprising.
首先,中国的法律明确禁止刑讯逼供行为。
First, China's laws expressly prohibit extorting confessions by acts of torture.
三是严格办案纪律,严密防范刑讯逼供。
Third, China has rigorously enforced the discipline of case management so as to prevent extortion of confessions by torture.
该法还明确禁止刑讯逼供行为。
The Law also explicitly prohibits extortion of confessions by torture.
审判阶段,出庭的检察员会出示很多证据说我们没有刑讯逼供。
During the trial, the procurator in court will give a lot of evidence to show that they did not extract a confession through torture.
我认为我们有一个极好的机会将整个国际社会联合起来制止刑讯逼供
And what I recognized was that there was an incredible window of opportunity for us as a world community to come together and end torture as an investigative tool.
督察的重点包括办案民警有无刑讯逼供或体罚、虐待涉案人员。
Supervision focuses primarily on establishing whether or not the people's police handling the case extorted confessions by torture or otherwise inflicted corporal punishment or abuse on the suspects in that case.
庭审时,四名被告中有三人向法院申诉遭刑讯逼供。
During the trial, three of the four defendants told the court that they were tortured to confess.
他被洛杉矶警察刑讯逼供,就这样了
He got roughed up by the L.A.P.D. That's all.
证人:连续一个月的刑讯逼供。
Witness: Our interrogating and torturing of her lasted for a month.
严禁刑讯逼供或者采用威胁、引诱、欺骗等非法手段收集证据。
The use of torture to extort a confession and the collection of evidence through such methods as threatening, enticing or cheating are strictly forbidden.
他认为她是被刑讯逼供的。
He thought her confession had been made under duress.
(四)非法拘禁、刑讯逼供、报复陷害;
(four) illegal detention, inquisition by torture, retaliation against
据称此类行动还导致克钦族人遭到刑讯逼供。
Such operations are also alleged to have led to torture of ethnic Kachins to extract confessions.
联刚特派团发现,对刑事嫌疑犯进行刑讯逼供,在刚果民主共和国全国各警察局司空见惯。
MONUC has found that the use of torture to obtain confessions from criminal suspects is routine in police stations throughout the country.
(四)刑讯逼供或者体罚、虐待人犯;
to extort confession by torture or subject criminals to corporal punishment or maltreat them
律师肖国胜告诉人权观察,嫌疑人常被提押出看守所再予以刑讯逼供:
Lawyer Xiao Guosheng told Human Rights Watch that suspects are often taken out of detention centers and then forced to confess
未就被拘留者遭受刑讯逼供的指控展开调查。
No investigation was carried out into the alleged torture suffered by the men in detention.
警察刑讯逼供、虐待和实施酷刑的刑事案子很少能立案。
Criminal proceedings against police officers for extortion of evidence, ill-treatment and torture are instituted relatively rarely.
严禁刑讯逼供或者采用威胁、引诱、欺骗等非法手段收集证据。
Extorting confessions by torture or collecting evidence by such illegal means as intimidation, enticement or deception is strictly prohibited.
中国不断完善法律,防止和遏制个别司法人员在办案过程中出现刑讯逼供等违法取证现象。
China is continuously improving and perfecting its laws in order to prevent and suppress unlawful acts by individual judicial officials, such as the extraction of confessions under torture in the process of collecting evidence in a case.
他对审讯期间军方对两人实施刑讯逼供表示严重关切。
He has serious concerns that both were tortured by the military during interrogation to extract false confessions.
法院完全基于对提交人儿子的刑讯逼供定罪。
The conviction was based exclusively on the forced confessions of the author's son.
公安机关严格按照《刑事诉讼法》办理此案,未发现有刑讯逼供问题。
The public security organ handled the case in strict accordance with the Criminal Procedure Law, and there is no evidence of extortion of a confession by torture.
禁止酷刑委员会还呼吁乌克兰采取必要措施规定刑讯逼供的供词不得在任何诉讼中作为证据引用。
The Committee against Torture also called upon Ukraine to take the necessary measures to establish that statements which had been made under torture would not be invoked as evidence in any proceedings.
此外,秘密拘留会助长刑讯逼供和其他形式的虐待。
Secret detention is furthermore conducive to confessions obtained under torture and other forms of illtreatment.
万一他们对他刑讯逼供了怎么办?
After a couple of them African apes have a go at him.
中国修改后的《刑事诉讼法》进一步明确采用刑讯逼供等非法方式收集的言词证据应当予以排除。
The amended Criminal Procedure Law of China further makes it clear that confessions obtained through extortion or other illegal means should be excluded.
在最高人民法院的裁判文书数据库中,人权观察只找到一件案例,有三名警察因刑讯逼供而被起诉,但无人因此入狱。
Among the Supreme People's Court verdict database cases, Human Rights Watch found only one prosecution of three police officers responsible for torture, but none served prison time.
那关于刑讯逼供的基本审议备忘录 算什么东西,不能...
What about the General Counsel memo on coercive interrogations? There's no way...
如青海省自1999年开展专项整治至2000底,全省公安系统未发生一起刑讯逼供案件。
In Qinghai province, for example, a special rectification drive was launched from 1999 to the end of 2000, and in the public security system for the whole province, not a single case of extorting confessions through torture occurred.
他们对他进行刑讯逼供。
They extorted every penny from us.
2011年5月27日,河南省开封市龙亭区人民检察院对在赵作海案件中组织、实施刑讯逼供的6名公安人员提起公诉。
On 27 May 2011, the Longting District People's Procuratorate of Kaifeng City, Henan Province indicted six public-security personnel for organizing and implementing the extraction of confessions under torture in the Zhao Zuohai case.
政府在答复中具体回答了除警察调查期间刑讯逼供以外的所有指控。
In its response, the Government provides specific replies to all of the allegations except those relating to the acts of torture committed during the police investigation.
此后,至少六人遭到殴打并被捕,其中五人据称在刑讯逼供下承认参加暴乱。
Subsequently, at least six persons were beaten and arrested, five of whom were allegedly coerced into confessing to participation in the riots.
虽然中国最高当局誓言停止刑讯逼供,但在实践中这种做法仍相当普遍。
Although China's top authorities have vowed to stop the use of torture to extract confessions, the practice remains widespread.
在中国,司法官员常常面临着破案的巨大压力,人们也知道警察经常刑讯逼供。
In China, legal officials often face enormous pressure to solve cases, and the police are known for employing torture to extract confessions.
习近平曾提出要加强中国的法治,中国政府也曾承诺惩罚使用刑讯逼供的官员。
Mr. Xi has promised to strengthen the rule of law in China, and the government has vowed to punish officers who extract confessions through torture.
针对执法人员的刑讯逼供、虐待、酷刑或滥用职权提起的刑事诉讼很少,而且得不到有效开展。
Criminal proceedings against law enforcement officers for extortion of evidence, ill-treatment, torture or abuse of office happened relatively seldom and were not conducted efficiently.
中级法院还援引了龚牧师对警方的认罪,这同样也是通过刑讯逼供取得的。
It also cites Pastor Gong's confession to the Police, which was similarly made under the duress of torture.
据称,他遭到了刑讯逼供,并受了伤。
He was allegedly physically abused and injured.
这些行为包括任意逮捕、监禁中的酷刑和虐待、刑讯逼供、勒索私人财产等。
These include arbitrary arrests, torture and ill-treatment in detention, forced confessions, and extortion including of private property.
人们认为这些改变将有助于防止刑讯逼供,帮助律师在开展刑事辩护时更多地了解案件。
It is believed that such changes will help prevent forced confessions and facilitate lawyers' increased participation in criminal defense.
禁止酷刑委员会建议政府确保法院对刑讯逼供所获证词不予采信。
CAT recommended that the Government ensure inadmissibility in court of confessions obtained under torture and ill-treatment.
中国的刑讯逼供、暴力取证、虐待被监管人等案件数量总体呈下降趋势。
The total number of cases involving the extortion of confession by torture, the collection of evidence by force and the ill-treatment of detainees is on the decline in China.
其中许多人经常指称说,他们常常遭受酷刑或其他形式的拘留虐待,对其进行刑讯逼供。
Many of them routinely allege that they have been tortured or otherwise ill-treated in custody in order to extract a confession.
生活在营地和简易住所的无家可归者最容易遭到警察的虐待,包括刑讯逼供。
Internally displaced persons living in camps and informal settlements were prime targets for police abuse, including extortion.
(一)刑讯逼供、体罚、虐待、侮辱他人的;
extorting a confession by torture, or physically punishing, maltreating or humiliating another person
七次以上或者对七人以上刑讯逼供的;
involve the use of torture to extort a confession seven or more times or in relation to seven or more persons
但分析法院判决发现,许多案件的法官仍然要求嫌疑人或辩方证明刑讯逼供的存在:
But analysis of the court verdicts suggest that in many cases, judges still expect the suspect or the defense to prove that torture had taken place
近年来在个别地方确实发生了刑讯逼供事件,但刑讯逼供在中国并非普遍现象。
In recent years, instances of confessions extracted by torture have occurred in sporadic places in China, but this practice is by no means widespread.
我们搜索2014年初法院裁判文书发现,许多因为审前羁押刑讯逼供致伤或致残而申请国家赔偿的案件都遭到驳回,理由即是申请人无法证明警察刑讯逼供。
Our search of court verdicts from early 2014 shows that many applications seeking state compensation for injuries and disability caused by torture during pre-trial detention are turned down on the grounds that applicants did not prove that police used torture.
刑讯逼供还能有什么花样 不是吗
Well, there's nothing inventive about that, is there?
另外,据称这两名被告人是受到刑讯逼供后才招供的,而且在审判期间没有律师。
Besides, confessions were allegedly obtained under torture and the two accused did not have access to a lawyer during their trial.
进一步分析这432份判决书可以发现,法官对刑讯逼供的指控很少进行任何详细调查。
Further analysis of the 432 verdicts shows that very few judges investigated torture allegations in any detail.
人权社补充说,对刑讯逼供所得的招供法庭照样采纳不误,并拒绝下令调查14。
AHR added that the courts use confessions extracted under torture and refuse to order investigations.
严禁刑讯逼供和以威胁、引诱、欺骗或者其他非法手段收集证据。
The use of torture to extort confessions or the use of threats, enticement, cheating and other illegal means to obtain evidence are strictly prohibited.
一个主要的障碍是缺乏独立、彻底和全面的调查,包括对刑讯逼供证据的有效记录。
A major obstacle is the lack of independent, thorough and comprehensive investigations, including effective documentation of the evidence of torture.
特别报告员强调,根据《伊斯坦布尔议定书》进行有效记录是各国政府打击刑讯逼供不受处罚现象的关键手段。
The Special Rapporteur emphasizes that effective documentation, in accordance with the Istanbul Protocol, is a key tool for Governments to combat impunity for torture.
在第四部分,特别报告员强调,避免剥夺人身自由是防止刑讯逼供和虐待的有效手段。
In section IV, the Special Rapporteur stresses that avoiding depriving people of their liberty is a very effective means of preventing torture and ill-treatment.
非政府组织理事会报告说,在莱索托,警方对被拘留者使用武力及人身攻击进行刑讯逼供,似乎是司空见惯的事情。
LCN reported that use of force and physical assaults against detainees by police appear to be common in Lesotho in order to extract confessions.
考虑对刑讯逼供获得的供述不予采信(瑞士);
Consider confessions obtained through torture or ill-treatment as inadmissible (Switzerland)
修订《刑法》第116条,规定用刑讯逼供手段获得的供述不得接受为证据;
Amendment of article 116 of the Code of Criminal Procedure making statements obtained through the use of torture inadmissible as evidence
缔约国应复查可能根据刑讯逼供定罪的案子,并确保受害者得到充足的赔偿,负有罪责者被绳之以法。
The State party should review cases of convictions based on confessions that may have been obtained through torture or ill-treatment, and ensure adequate compensation to victims and prosecution of those responsible.
负责警务的公安部宣称,刑讯逼供已因改革取得成效而在2012年显着减少。
The Ministry of Public Security, the agency in charge of the police, claims that the use of coerced confessions has dropped significantly in 2012 as a result of the reforms.
(11) 委员会关注的是,不断有关于调查期间刑讯逼供的报告。
The Committee is concerned at persistent reports of confessions obtained under torture and ill-treatment during investigation.
其次,在执法方面,中国公安机关采取一系列措施防止刑讯逼供的发生,取得了显著效果:
Secondly, in terms of law enforcement, the Chinese public security organs have taken a series of measures to prevent the extorting of confessions by torture and have achieved remarkable results in this regard
向有关当局申诉刑讯逼供的大多是被控盗窃等普通犯罪的人。
Most suspects who complained of torture to the authorities had been accused of common crimes such as theft.
2008年选举后发生的抗议活动遭到了暴力、恐吓、无适当法律程序的逮捕和刑讯逼供。
The post-election protests of 2008 had been met with violence, intimidation, arrests without due process and forced confessions.
在审问过程中,他收回了他之前的供词并声称那是刑讯逼供的东西。
During the interrogation, he retracted his previous confession and claimed that it was extracted under torture.
看守所改造以后,审讯人员跟嫌疑人是用铁栏杆隔开的,一般是无法对他进行刑讯逼供。
After the detention centers were upgraded, interrogators and suspects were separated by an iron fence, so generally speaking, torture cannot happen.
我们有无陪审团、无人身保护或者其他能防范刑讯逼供泛滥的措施的社会主义。
We have socialism without trial by jury, habeas corpus or... protection against the abuse of confession by torture.
司法机关重视在各阶段保护和实施法律保障,对刑讯逼供取得的供词不予考虑。
The judiciary has attached importance to the protection and implementation of legal guarantees at all stages, and confessions obtained under torture are not taken into account.
根据相关法规,如果在押人员因刑讯逼供致死,可以追究警察的刑事和民事责任。 [180]
Under relevant laws and regulations, police can be held criminally or financially responsible if detainees die as a result of physical violence in detention.
警情通报:犯罪嫌疑人可能是因刑讯逼供而死
Police Blotter: Suspect's death may be due to torture
特朗普总统在竞选期间和就职后均曾声明支持刑讯逼供,以及其他可能违反国内法和国际法的反恐政策。
President Trump made statements during the presidential campaign and once in office supporting the use of torture of detainees and other counterterrorism policies that would amount to violations of US and international law.
对此奥巴马禁止"刑讯逼供"和秘密关押行为的决定则是在正确方向上迈出的重要一步。
Obama's decisions to ban "enhanced interrogation" and end secret detention are important steps in the right direction.
我25岁以来就没有用过刑讯逼供这招了
I haven't worked Corrections since I was 25.
如果某些国家可能采取刑讯逼供,又该如何处理因此取得的恐怖行动情报?
How to deal with evidence of terrorist planning gleaned from states suspected of practicing torture?
然后在拷问室刑讯逼供下度过余生
And spend the rest of our lives being interrogated in some offshore torture chamber?
凡在办案中搞刑讯逼供的,先停职,再处理;
all those who have used torture to extort a confession in handling a case will be dealt with after having first been suspended from their duties
1994年我走进柬埔寨的一所监狱遇见了一个12岁的男孩他被刑讯逼供并且禁止接触律师
In 1994, I walked into a prison in Cambodia, and I met a 12-year-old boy who had been tortured and was denied access to counsel.
我相信如果我们能团结起来以国际社会的名义支持不仅律师们,而且法律系统中的所有关注者我们就能制止刑讯逼供
And I believe that if we can come together as a world community to support not only defenders, but also everyone in the system who is looking towards it, we can end torture as an investigative tool.
中国和外国的法律专家认为一个重要的原因,中国能够通过努力去根除它,是警察刑讯逼供的普遍做法。
Chinese and foreign legal experts agree that an important cause of this, which China could do much more to eradicate, is the common police practice of extracting confessions through torture.
中国各级行政、司法机关着重加强制度执行力,开展形式多样的专项执法检查活动,有效遏制和预防刑讯逼供等违法行为。
Chinese administrative and judicial authorities at all levels emphasize the strengthening of the implementation capacity of the system, and are carrying out a variety of specialized law enforcement supervision activities and effectively suppressing and preventing the extortion of confessions by torture and other such unlawful actions.
严禁刑讯逼供,体罚、虐待罪犯,侮辱罪犯人格或者进行其他侵犯罪犯合法权利的违法行为。
Such illegal acts as exacting a confession by torture, corporal punishment or ill-treatment, humiliating offenders or infringing their legitimate rights are strictly forbidden.
刘仁旺的案子通常不会引起多少人注意,但上海的一个官方在线出版物澎湃新闻(The Paper),周末在网上刊登了这个案子的报道,还刊登了据称是描述警察刑讯逼供的漫画。
Mr. Liu's case would normally have attracted little attention, but this weekend The Paper, a state-run online publication based in Shanghai, reported on his case and included the drawings of alleged police abuse.
国际特赦组织表示,根据这项2013年成为正式法律的规定,警方可以在秘密地方将相关人员关押六个月,"致使被关押者面临遭到刑讯逼供及其他折磨的巨大风险。"
Under that statute, which was formalized in law in 2013, a person can be held for up to six months in an undisclosed location, "leaving the detainee at grave risk of torture and other ill treatment," Amnesty International said.
最高法院列举了很多律师及人权组织称困扰中国刑法体制的问题,其中包括警察刑讯逼供、捏造证据、法庭调查失误,以及因舆论炒作或来自官方的压力做出违法裁决等。
The court document listed many of the problems that lawyers and human rights groups have said plague China's criminal legal system, including torture by the police, concocted evidence, faulty forensic investigations, and a tendency for judges to be swayed by official pressure or inflamed public opinion.
根据刚刚披露的法庭记录,人权观察发现,法官们在案件审理中一般会对刑讯逼供的迹象置之不理,尽管2012年推出的"排斥规则"要求法庭不得采纳通过刑讯逼供获得的证据。
Using newly available court records, Human Rights Watch found that judges routinely ignore signs of torture during court proceedings, despite an "exclusionary rule" adopted in 2012 that requires courts to toss out evidence obtained through abusive questioning.
在坚决防止刑讯逼供的同时,对于个别发生的刑讯逼供案件,中国司法机关同样坚决予以纠正,对受害人予以赔偿。
While firmly preventing the extortion of confessions by torture, judicial organs in China have made resolute and determined efforts to rectify the isolated cases in which such extortion of confessions has occurred, and compensate the victims.
此外,第38条规定, 禁止刑讯逼供。
Moreover, article 38 states: Any kind of torture used to extract an admission of guilt or to obtain information is forbidden.
法律严格规定不许对被拘押者刑讯逼供。
The practice of torture in order to extract confessions or obtain information from detainees is strictly outlawed.
它感到关切的是,关于刑事诉讼中使用酷刑和普遍使用刑讯逼供做法的指控以及少数民族面临的问题。
It expressed concern over allegations of torture and the widespread practice of using forced confessions in criminal proceedings, in addition to problems faced by ethnic minorities.
消息来源声称,政府侵犯了龚牧师的公正审判权,原因是,它依赖于对华南教会信徒刑讯逼供取得的认罪书,并拒绝准予基本的法定诉讼程序保障。
The source alleges that the Government violated Pastor Gong's right to a fair trial when it relied upon confessions obtained through torture of South China Church members, and by denying fundamental due process guarantees.
不过,缔约国承认,虽然取得了积极成果,据报阿塞拜疆依然存在许多侵犯人权行为,包括采取任意拘留、殴打被拘留者并施以酷刑等手段刑讯逼供。
However, the State party admits that although positive results have been achieved, Azerbaijan is still reported as committing numerous human rights abuses, including arbitrary detentions, beating and torture of individuals in custody, to extract confessions.
这些人还表示,被安全人员羁押期间,他们遭受讯问人或狱卒以刑讯逼供或侮辱为目的的殴打和酷刑。
These individuals also stated that, while in the custody of security agents, they were beaten and tortured by interrogators and jailers for the purposes of extracting a confession or in order to humiliate them.
经过多年改革,警察仍然对犯罪嫌疑人刑讯逼供,法院仍然根据酷刑取得的证据将人定罪 , 人权观察中国部主任索菲・理查森(Sophie Richardson )说 。
"Despite several years of reform, police are torturing criminal suspects to get them to confess to crimes and courts are convicting people who confessed under torture," said Sophie Richardson, China director.
此外,单独囚禁还日益被用作刑讯逼供的一种手段,往往是强迫失踪 或单独监禁的组成部分。
Additionally, solitary confinement is increasingly used as a part of coercive interrogation, and is often an integral part of enforced disappearance or incommunicado detention.
2001年6月,两名共同被告人 撤回了供词,称供词是刑讯逼供获得的,并指认了酷刑实施者。
In June 2001, two of the co-defendants retracted their confessions as they had been obtained under duress, and identified the persons responsible for the torture.
刑事审判的特点是依靠刑讯逼供,缺乏足够的法律代表和辩护的权利。
Criminal trials are characterised by reliance on forced confessions and the absence of adequate legal representation and of defence rights.
在对他实施的非法逮捕和拘留期间,他没有律师代理,并因遭到刑讯逼供而被迫认罪。
During his unlawful arrest and detention, he was not represented by a lawyer, and, under torture, he was forced to confess guilt.
在最近两次《刑事诉讼法》修正中,即1996年和2012年,政府修改了相关条文以减少刑讯逼供。
During the two most recent revisions of the Criminal Procedure Law, in 1996 and 2012, the government made changes aimed at curtailing the use of torture to extract confessions.
最高人民检察院制定审查逮捕、审查起诉中排除非法证据的规则和关于完善查处刑讯逼供等涉嫌犯罪行为工作机制的规定。
The Supreme People's Procuratorate formulates rules on the exclusion of illegal evidence in the scrutinizing of arrests and prosecutions, and makes provision for mechanisms to deal with such acts of criminality as extorting confessions by torture.
有报告称,审判未达到国际标准,并有刑讯逼供行为。
There were reports that trials had not met international standards and confessions were extracted through torture.
3月初,他再次被抓,在监狱里关了三天,与外界不通音信,并受到刑讯逼供。
He was then seized again in early March, and held in incommunicado detention for three days in a prison where torture was used to extract false confessions.
我们也对同一时间段的新闻报导做了分析,搜寻警察因刑讯逼供被追究责任的报导。
We also analyzed press accounts over that same period, looking for cases in which police were reported to have been held accountable for torture.
广受报导的刑讯逼供案件有时可以得到调查,但绝大多数酷刑指控没有。
Occasionally, high profile cases of torture are investigated, but most allegations of torture are not.
摩洛哥侵犯了辩护权和推定无罪,进行刑讯逼供以便屈打成招,并且拒绝为被拘留者和囚犯提供医疗、法庭服务。
Morocco was violating the right to defence and the presumption of innocence, and had used torture to obtain confessions and denied medical and forensic services to detainees and prisoners.
中国立法机构通过首部《刑法》和《刑事诉讼法 》 , 禁止刑讯逼供。 1988年
China's legislature passes the first Criminal Code and Criminal Procedure Law prohibiting coerced confessions. 1988
你觉得如果我知道通过测试的方法是要对我刑讯逼供才能找出来 我还会自愿参加这个测试吗?
Would I volunteer if the only way for you to solve this was to beat it out of me?
《重特大案件标准》规定,刑讯逼供:
which are unjust, false, or erroneous. "Especially serious cases" are those which
第15条(刑讯逼供的口供不得为证据) 25
Article 15 (Inadmissibility of confessions made under torture) 88 - 93 30
中外法学家均认为造成此种现象的一个重要原因是中国警察刑讯逼供司空见惯。
Chinese and foreign legal experts agree that an important cause of this, which China could do much more to eradicate, is the common police practice of extracting confessions through torture.
此外,阿尔及利亚法律没有规定禁止使用刑讯逼供所获得的口供和陈述作为证据,因此,安全部队使用这些方法时毫无顾忌。
Furthermore, Algerian law contains no provisions that prohibit using confessions or statements extorted under torture as evidence, and therefore the security forces are not deterred from using those methods.
同坚决反对动用刑讯逼供的欧洲不同,对于利用刑讯从恐怖分子嘴里套取信息方面,美国公众被等分成了两派(见图)。
In contrast with Europeans, who strongly reject the use of torture, the American public is pretty evenly divided about its use to extract information from terrorists (see charts).
前者强调适用死刑在事实、证据上必须排除一切合理怀疑;后者规定采取刑讯逼供等非法手段取得的供述和证人证言等,不能作为定案的根据。
The former document emphasizes that the death penalty is to be applied on the basis of factual evidence from which all reasonable doubt has been excluded; the latter stipulates that confessions and witness testimony obtained through torture or other unlawful means cannot be used to decide a case.
中国政府早在1979年就立法禁止虐待在押人员,1988年批准了联合国禁止酷刑公约,1990年代官方更发起遏止刑讯逼供的运动。
The Chinese government adopted legal prohibitions on the mistreatment of persons in custody as early as 1979, ratified the United Nations Convention against Torture in 1988, and launched official campaigns to curb torture in the 1990s.
一是《决定》强调政府要"尊重和保护人权 ", 禁止执法当局"刑讯逼供,体罚虐待 ", 并废除了饱受批评的"劳动教养"制度。
First, it emphasizes the government's commitment to "respect and protect human rights," prohibiting law-enforcement authorities from extracting confessions "by torture, corporal punishment, or abuse" and abolishing widely criticized programs for "re-education through the labor system."
2003年11月20日至22日召开的第二十次全国公安会议提出,要重点解决包括刑讯逼供等执法突出问题,依法保障国家、集体、组织和公民个人的合法权益。
The Twelfth National Public Security Conference, held from 20 to 22 November 2003, proposed that priority must be placed on solving such salient problems of law-enforcement as the use of torture to extort confession, as well as on safeguarding the legitimate rights and interests of the state, collectives, groups and individual citizens.
各级公安机关始终把防止、制止刑讯逼供案件的发生作为解决职务违法犯罪问题的重点,采取行之有效的措施,不断加大监督和查处力度。
Public security organs at all levels are required at all times to place the emphasis on preventing and stopping cases involving extortion of confessions through torture, as a means to solve the problem of occupational violations of the law.
联伊援助团继续收到关于有人在安全行动期间没有任何不当行为证据就被逮捕的报告,以及关于内政部和反恐局所属设施内被拘留者遭受刑讯逼供的指称。
UNAMI continues to receive reports of individuals being arrested during security operations without any evidence of wrongdoing and allegations of detainees held in facilities run by the Ministry of the Interior and Anti-Terrorism Directorate being tortured and ill-treated to extract confessions.
香港 - 据中国新闻媒体报道,被控收受数百万元贿赂的一名原中国高级能源官员本周称,他遭受刑讯逼供所以做出了有罪供述。
HONG KONG - A former high-level Chinese energy official accused of receiving hundreds of thousands of dollars in bribes said this week that he was tortured into confessing to the crime, a Chinese news outlet reported.
指导意见还说,"采用刑讯逼供或者冻、饿、晒、烤、疲劳审讯等非法方法收集的被告人供述,应当排除。"
"Testimony of the defendant acquired through torture, freezing, starvation, baking in the sun, roasting, exhaustion and other illegal collection methods shall be excluded," the instructions said.
最近几年,中国的立法机构和最高法院颁布了多项规定,禁止法院使用刑讯逼供获得的证据。看守所被要求安装摄像头,以防止暴行的发生。
In recent years, the nation's legislature and its highest court have issued several rulings that prohibit courts from using evidence obtained through abuse. Pretrial detention centers have been required to install video cameras to deter brutality.
导致刑讯逼供产生的因素是多方面的,既有其社会根源,更有其制度根源。
The factor which cause the Xing Xun extract confession creation is various, current its society source, have it the system source more.
"中国是一个法治国家,"洪磊说。"中国法律明文禁止刑讯逼供。"
"China is a country of rule of law," Mr. Hong said. "China's law clearly states extracting confession by torture is forbidden."
有时在押人员遭受了非常残酷的折磨,连一些CIA工作人员都试图加以制止,但他们被局里的高级官员要求继续刑讯逼供。
The torture of prisoners at times was so extreme that some C.I.A. personnel tried to put a halt to the techniques, but were told by senior agency officials to continue the interrogation sessions.
特别报告员注意到,蒂拉斯波尔地区民兵的拘留条件违反了国际标准;警察刑讯逼供现象十分普遍;在德涅斯特河左岸地区没有任何有效的监督和申诉机制。
The Special Rapporteur noted that the conditions in custody of the militia in Tiraspol were in violation of international standards; use of ill-treatment by police to extract confessions was widespread; and no effective monitoring and complaint mechanisms were in place in the Transnistrian region.
据消息来源称,龚牧师的定罪和判刑是任意的,因为其依据是通过刑讯逼供获得的证据。
According to the source, Pastor Gong's conviction and sentence to imprisonment are arbitrary because they are based on evidence obtained through torture.
(一)刑讯逼供、体罚、虐待、侮辱他人的;
Making an interrogation by torture or extorting a confession from the interrogated, inflicting physical suffering on, maltreating or insulting any other person
关于报告第9段,突尼斯应采取明确措施取缔刑讯逼供。
As to paragraph 9 of the report, Tunisia should take measures without ambiguity to put an end to the use of torture during interrogations.
因刑讯逼供被判有罪81人
No. of people sentenced on account of criminal charges
全体被告人向中级法院递交了一份书面声明,解释称,他们的认罪是假的,是刑讯逼供的结果。
All defendants submitted a written statement to the Intermediate Court explaining that their confessions were false and had been extracted through torture.
尤其是请提供进一步数据,介绍缔约国第四次报告第108段所引述的关于滥用职权、特别是刑讯逼供的国家官员的刑事案件的定罪数目及刑期长短。
In particular, please provide further data on the number of convictions and length of sentences for criminal cases of State officials abusing their power, particularly to coerce confessions, as cited in paragraph 108 of the State party's fourth report.
根据《公安机关人民警察执法过错责任追究规定》,上级命令可作为刑讯逼供或暴力取证案件中排除刑事责任的依据,这就可使行为人免予受到起诉。
According to the "Public Security Organs Regulations on Pursuing Responsibility for Policemen's Errors in Implementing the Law", an order from a superior may be invoked to exclude criminal responsibility in case of confession or testimony extracted by force, which will prevent the perpetrator from being prosecuted.
就所谓刑讯逼供提出申诉的被拘留者亲属本人亦因此被拘留一日,之后释放,而上述12人不得再接受探访。
Relatives who complained about the alleged torture were themselves consequently detained for one day and then released, and visits were again denied to the 12 above-mentioned persons.
2000年,全国公安机关配合全国人大常委会开展了贯彻实施《刑事诉讼法》情况大检查活动,有力地促进了各地治理刑讯逼供问题工作的深入开展。
In 2000, public security organs nationwide and the Standing Committee of the National People's Congress initiated a large-scale inspection activity in regard to the thorough implementation of the Code of Criminal Procedure, forcefully encouraging all areas to take further their work to rectify the problem of extorting confessions through torture.
特别报告员鼓励各会员国在审讯前、审判中和量刑后尽量广泛使用非监禁措施,以避免监禁场所过分拥挤,尽量减少刑讯逼供和虐待的机会。
The Special Rapporteur encourages States to use non-custodial measures at the pretrial, trial and post-sentencing stages as widely as possible, in order to avoid overcrowding and to minimize the risk of torture and ill-treatment. Contents Paragraphs
如果他给的话,他通常会写"通过调查,这不存在刑讯逼供的现象 。 "就是这样搞一下。 [297]
If they do reply, they usually write something like, "After investigations, there does not exist the phenomenon of torture." That's it. Lawyer Shen Mingde said
在约旦,特别报告员发现,虽然上诉法院以安全官员刑讯逼供为由推翻了一些定罪,但这并未促使对罪犯进行正式的刑事调查。
In Jordan, the Special Rapporteur found that even though the Court of Cassation had overturned a number of convictions on the grounds that security officials had obtained confessions under torture, this did not trigger official criminal investigations against the perpetrators.
令人关切的一个主要问题是,不断从各种来源收到大量往往是可信的指控,来源包括民兵、乌克兰警察刑讯逼供的受害者,有些还是未成年人。
One main issue of concern relates to the numerous, consistent and often credible allegations received from various sources, including victims, some of whom minors, of confessions obtained under torture from detainees of the Militsia, the Ukrainian police force.
根据该程序,被告欲排除经"非法"方法取得的证据,首先要提供"相关线索或者证据 ", 使法庭针对该刑讯逼供指控启动调查。
According to the procedure to exclude evidence obtained through "illegal" means, the defense first has to provide "relevant clues or materials" before the court initiates an investigation of the coerced confession claim.
因"709大抓捕"被捕人士大多已经获释,但他们继续受到密切监视,难以接触朋友、同事;有些人揭发在拘押期间曾遭刑讯逼供。
A number of those caught in the "709 crackdown" were freed, but they continue to be closely monitored and isolated from friends and colleagues; some revealed that they were tortured and forced to confess while in detention.
我们国家有比较完善的监控体制,如果你在里面提审的话,有监控的话你很难去实施刑讯逼供 。 [273]
So if you conduct interrogation in there, it would be difficult to torture to extract confession under surveillance.
所以你相信[警察 ] , 除非嫌疑人能提出证据证明,譬如体检报告有不同说法,或律师提出其他被告的书面证词说他们看到有刑讯逼供。
So you believe [the police] unless the suspect has evidence to prove otherwise, for example, if the medical reports say otherwise, or if the lawyer presents written statements from other defendants who said they witnessed torture.
政府在拘留所里刑讯逼供,在类似俄国古拉格(政治犯集中营)的监所实施强迫劳动,并且利用公开处决人犯来维持恐怖气氛,让人民不敢反抗。
The government uses torture in custody, forced labor in detention facilities that resemble gulags, and public executions to maintain fear and control over the populace.
警方使用各种不同手段进行压迫和限制,包括侵入性监视、骚扰、软禁、边控、审前羁押、霸凌甚至刑讯逼供。
The police employ various tactics of repression and restrictions, including intrusive surveillance, harassment, house arrest, travel bans, pretrial detention, bullying, and even torture during interrogation.
尤其是,他注意到公安部2004年颁布了有关条例,禁止使用酷刑和威胁手段取得口供,最高人民检察院2005年也宣布消除刑讯逼供将是工作的重中之重。
In particular, he notes the 2004 regulations issued by the Ministry of Public Security prohibiting the use of torture and threats to gain confessions and the announcement by the Supreme People's Procuratorate in 2005 that eliminating interrogation through torture was a priority of its work agenda.
由于在世界各地,违法不究是刑讯逼供泛滥的主要原因之一,他要求各会员国行使普遍管辖权,打击违法不究现象,让实施刑讯逼供的人在世界上无处可藏。
Given that impunity is one of the main reasons for the widespread practice of torture in all regions of the world, he calls upon States to exercise universal jurisdiction to fight impunity and deny torturers any safe haven in the world.
此外,委员会感到关切的是有刑讯逼供的案例,建议采取必要步骤,确保在法庭诉讼中,包括在反恐条例所涉案件中,实际上不采纳刑讯逼供获得的证据。
Furthermore, it expressed concern at the admission of evidence and confessions obtained through torture, and recommended that necessary steps be taken to ensure that, in practice, such confessions and evidence are not admitted in court proceedings, including in cases falling under counter-terrorism regulations.
关于使用刑讯逼供的问题,突尼斯代表团指出,有一项裁决宣布,如果是刑讯逼供得到的供词,则该证据不得为司法系统所采用。
On the issue of the use of forced confession, the Tunisian delegation noted that a ruling says that if force has been used to achieve a confession than that evidence cannot be used in the judiciary system.
他们抓了斯蒂夫,对他刑讯逼供 他把实情招了
They got Steve, beat it out of him. He let go the works about Morrison. - Come on!
非法拘禁、刑讯逼供, 构成犯罪的, 分别依照刑法第一百四十三条、第一百三十六条的规定处罚。
Any such person who practises unlawful detention or extorts a confession by torture, if the offence constitutes a crime, shall be punished respectively in accordance with the provisions of Article 143 or Article 136 of the Criminal Law.
1999年5月10日至6月18日,因遭受刑讯逼供,赵作海先后作了9次有罪供述。
Zhao confessed guilt nine times in succession over the period from 10 May to 18 June 1999, but the confessions were extracted under torture.
刑讯逼供还用我教你们吗
Well, you people have rubber hoses, don't you?
1990年,中国检察机关立案查处刑讯逼供案件472件,这既有效地保护了公民的人身权利,也使广大执法人员从中接受了教训。
In 1990, China's procuratorial organs filed for investigation 47cases which involved extorting confessions torture. This has not only protected citizens' personal rights effectively, but also taught law enforcement officials a lesson.
这里是一个更加微妙的警告∶与我讨论的一些玩家认为,暴雪在巫妖王世界中,刑讯逼供对游戏的影响已经作了深入的考虑。
Here's a more nuanced caveat: Some players I talked to think Blizzard has been quite thoughtful about how torture plays into the world of Lich King.
各级人民检察院要加大对刑讯逼供犯罪的打击力度,依法坚决追究有关人员的刑事责任。
People's procuratorates at all levels must greatly intensify their efforts in striking at the crime of extorting confessions through torture, and they should decisively investigate the criminal responsibility of the personnel in question, in accordance with the law.
第二十七条国家安全机关工作人员玩忽职守、徇私舞弊、非法拘禁、刑讯逼供,构成犯罪的,依法追究刑事责任。
Article 27 As for any State security functionary neglecting his or her duty, engaging in malpractice for personal interests, exercising unlawful detention or extorting a confession by torture, if the offence constitutes a crime, he shall be subject to investigation for criminal responsibility pursuant to law.
她遭到审讯人员的刑讯逼供,并被军事法庭判处15年徒刑,五个月后被准予保释。
She suffered torture at the hands of interrogators, and a military court sentenced her to 15 years of imprisonment.
更严重的是,这份报纸偶尔也会披露甚至批评当局的过错 - 比如本周,它就立场鲜明地反对公安部门刑讯逼供。
More seriously, the press does sometimes expose and criticise official wrongdoing-one this week, for example, editorialised against the police's use of torture.
[ii]第8款-最高法意见-此前出台的建立健全防范刑事冤假错案工作机制的意见,将上述这些情形一一列出,区别于刑讯逼供获得口供。
[ii] Item 8- SPC opinion - a previous refinement of prohibited interrogation tactics, listing these conditions as separate from the use of torture to extract confessions.
对上述案件中涉嫌刑讯逼供人员负有指挥责任的公安局长林顺德,只是被调职到彰浦县公安局。
The police chief with command responsibility over the officers responsible for the alleged torture, Lin Shunde, was merely transferred to another police bureau in Zhangpu County.
检察人员在办案中有徇私舞弊、贪赃枉法、刑讯逼供、暴力取证等违法违纪情况的。
where a procurator, in dealing with a case, has engaged in fraudulent practices for personal gain, taking bribes and bending the law, extorting confessions through torture, extracting evidence by violence, and other such illegal or undisciplined practices.
最高人民法院在刑诉法修正后出台司法解释,将造成精神上剧烈痛苦纳入刑讯逼供的定义。
The Supreme People's Court issues a judicial interpretation following the revisions to Criminal Procedure Law, recognizing severe mental pain as torture. Acknowledgments
《重特大案件标准》规定,刑讯逼供:
The Criteria on Serious and Especially Serious Cases stipulate, in respect of use of torture to extort confessions, that serious and especially large cases are those which
人在屋檐下,不得不低头啊。 [214] 除了害怕得罪当局,律师起诉警察刑讯逼供还有法律后果。
Beggars can't be choosers. In addition to fears of offending the authorities, there are also legal consequences for lawyers challenging the police on torture.
例如,《刑事诉讼法》第43条规定:"严禁刑讯逼供和以威胁、引诱、欺骗以及其他非法的方法收集证据"。
For example, article 43 of the Criminal Procedure Law provides that "it shall be strictly forbidden to extort confessions by torture and to collect evidence by threat, enticement, deceit or other unlawful means".
今年这一季的开场是,Bauer因被控使用刑讯逼供而面临国会委员的指控,这也是这个时代的一个缩影。
It is a sign of the times that this year's season opened with Bauer being hauled before a congressional committee to face the charge of committing torture.He was unrepentant.
(三)刑讯逼供或者体罚、虐待罪犯;
to use torture to coerce a confession, or to use corporal punishment, or to maltreat a prisoner
警方和国家安全局人员在审讯时仍然采取刑讯逼供的做法,虽然报告的案例数目有所减少。
Even though the number of reported cases has decreased, torture inflicted to obtain confession is still practiced by police and staff of the NDS during detention.
特别报告员未发现牙买加存在严重的酷刑问题 - 传统意义上的蓄意刑讯逼供。
The Special Rapporteur did not find torture, in the classical sense of deliberately inflicting severe pain or suffering as a means of extracting a confession or information, to be a major problem in Jamaica.
这些盆腔炎性疾病后遗症更像是由熟谙刑讯逼供之道的国家安全部门造成的,而不是黎巴嫩内战中的某一个派别所致。
It was more likely that those sequelae resulted from treatment by a State security agency with experience and knowledge in using torture as an interrogation method rather than by one of the Lebanese civil war fractions.
律师肖国胜谈到一个案件,说明排除口供多么困难,即使辩方握有可供证实刑讯逼供的明确证据:
A case described by lawyer Xiao Guosheng demonstrates how difficult it is to get a confession excluded, even where there is considerable evidence in support of the defense's torture claims
放开我 是国王的人对我刑讯逼供
Get off me! The king's men tortured me!
我当了那么多年的警察,我们的公安局没有任何一个警察因为刑讯逼供受到任何惩罚的。
The many years I have been a police officer, there has not been one police officer who has been punished for extracting confessions through torture.
但一直有持异议者 - 法学家、学者和医生们反驳像克雷默《女巫的锤子》那样的书,包括反对猎巫的残酷性、刑讯逼供,以及缺乏巫术存在的证据。
But there were dissenters all along- jurists, scholars, and physicians countered books like Kraemer's "Hammer of Witches" with texts objecting to the cruelty of the hunts, the use of forced confessions, and the lack of evidence of witchcraft.
他们还要求把因刑事指控被拘留的妇女转移至各自的省份,并调查侵犯人权行为,具体而言有据称实施的酷刑、刑讯逼供以及虐待被拘留的妇女。
They also called for the transfer of women detained on criminal charges to their respective provinces as well as investigations into human rights violations, specifically alleged torture, confessions obtained under duress and abuse of female detainees.
据报被判死刑的人经常被剥夺上诉权利,特别是涉及毒品相关罪行;审判通常不公开,法官有权限制被告律师会见被告;刑讯逼供获得的口供继续在法院审理中被当作证据使用。
People on death row were reportedly often deprived of appeal, especially in cases involving drug-related offences; trials were often held behind closed doors, with the judges having discretion to restrict lawyers' access to the defendants, and confessions obtained under duress and torture continued to be used as evidence in court proceedings.
加州民主党议员黛安娜.范斯坦(Dianne Feinstein)表示,CIA的刑讯逼供是"我们价值观和历史的一个污点"。范斯坦是参议院情报委员会主席,也是这份报告的幕后推动人。
The CIA's use of torture was "a stain on our values and our history", said Dianne Feinstein, the California Democrat who heads the intelligence committee and was the driving force behind the report.
他讲 : 你[说你]哥[因刑讯逼供]残废了,我又没有看到啊,我怎么介入啊?
He said, You said [mistreatment left him] disabled, but I didn't see it. How am I going to intervene?
(四)刑讯逼供或者以殴打等暴力行为或者唆使他人以殴打等暴力行为造成公民身体伤害或者死亡的;
to cause bodily injury or death by taking such acts of violence as extorting a confession by torture or assaulting or instigating others to assault a citizen; or
对监管工作人员刑讯逼供、体罚虐待等违法行为,罪犯有向人民检察院、人民法院、人民政府或其他机构揭发和控告的权利。
In response to any illegal action on the part of a warden or guard, such as obtaining a confession torture, administering corporeal punishment or otherwise maltreating a prisoner, the victim has the right to appeal to the people's procuratorate, the people's court, the people's government or any other institution to expose and report such treatment.
在接下来的三年里,黄家光被捕了三次。1998年,在第三次被捕后,他说自己不能再忍受刑讯逼供,选择了认罪。
In the following three years, Huang was arrested three times. In 1998, after he was arrested for the third time, Huang said he could no longer stand the torture and chose to confess to the crime.
在政界,正如《猎杀本·拉登》(Zero Dark Thirty)引发了对刑讯逼供的讨论,《林肯》(Lincoln)引发了对何为好政府的讨论,不可避免地,这部影片也会引发候选人们对美国种族问题做出现场回答。
On the political circuit, it will become as unavoidable as were the torture debates around "Zero Dark Thirty" or the good governance talk that accompanied "Lincoln," as candidates field questions about race relations in America.
在刑事审判,特别是审判那些依据《反恐怖主义法》被指控的人方面,联伊援助团经常发现法院不遵守公平审判标准,甚至拒绝调查或审评被告提出的有关刑讯逼供的申诉。
On the conduct of criminal trials, particularly in relation to individuals charged under the Anti-Terrorism Law, UNAMI has observed that frequently the courts fail to adhere to fair trial standards, even refusing to investigate or evaluate claims by accused persons that confessions had been obtained through the use of torture.
虽然被判有罪者后来又被无罪释放的案子已加大了公众对刑讯逼供的关注程度,但反腐败运动仍深受中国老百姓的欢迎,他们认为运动减少官员的腐败和权力滥用行为。
While cases of people who been freed after their cases were overturned have heightened public concerns about investigative abuses, the anticorruption crackdown remains popular among average Chinese, who see it as reducing official graft and abuse of power.
专家在报告中指责这项调查的方式随意且缺乏计划,而且得出的案情结论有很多都基于警官和黑帮成员的证词,而这些人后来又声称自己曾被刑讯逼供。
That investigation, the report charged, took a haphazard and improvised approach, and much of the case that resulted was based on testimony from police officers and gang members, who later claimed that they had been tortured.
虽然中国官员在最近几年对错误定罪的案子已经变得更加透明,据政府数据,2014年有1300多个法院判决被重审,但是,对那些被指控制造假证据、采用刑讯逼供手段的人的惩罚往往不够严。
While Chinese officials have become more transparent about wrongful conviction cases in recent years - in 2014, more than 1,300 court decisions were reheard, according to the government - punishment for those accused of falsifying evidence and using coercive techniques is often lax.
经审理,法院对被告人及其辩护人所提谢亚龙被刑讯逼供的意见未予采信。
However, the trial judge denied this motion and admitted the court reporter's transcription of the confessional statements into evidence.
缔约国应复查可能根据刑讯逼供定罪的案子,并确保受害者得到充足的赔偿,负有罪责者被绳之以法。
The State party should review cases of convictions based on
我们期盼您提供2010到2015年审前羁押阶段刑讯逼供的数据。
We would appreciate it if you could provide such data during pre-trial custody from 2010 to 2015.
一些中国律师认为,党内的反腐败调查应该受到司法监督。还有官员和他们的家人声称遭受刑讯逼供,法院也偶尔因调查人员虐待被拘留者而判其有罪。
Some Chinese lawyers have argued that party anticorruption inquiries should come under judicial oversight. Officials and their families have also claimed torture, and occasionally courts have convicted party investigators of abusing detainees.
辩护律师们说,一些最严重的刑讯逼供案例涉及有组织犯罪、被控为政治犯的异见人士,以及西藏和新疆的被关押人员。目前,安全系统正在应对这两个地区的民族冲突问题。今年,国际声援西藏运动(International Campaign for Tibet)报告称,自2009年以来有14人死于警方羁押期间。
Defense lawyers say some of the worst abuses occur in cases involving organized crime, dissidents accused of political offenses, and detainees in Tibet and Xinjiang, where security personnel are dealing with ethnic unrest. This year, the International Campaign for Tibet listed 14 people who it said had died in police custody since 2009.
国际特赦组织的报告称,作出定罪判决的压力为执法机关提供了"一个几乎难以抗拒的诱因,令他们采取任何必要手段以获取证言",导致大量的刑讯逼供出现。
The report said that pressure to produce convictions in China had provided "an almost irresistible incentive for law enforcement agencies to obtain them by any means necessary," resulting in an abundance of forced confessions.
[.]对完全基于供词的刑事判决进行复审,以便查明仅依据刑讯逼供作出的供词而作出的判决。
[...] review criminal convictions that have been based solely on confessions in order to identify cases in which the conviction was based on confessions obtained under torture or ill-treatment.
他们确认以下政府机构为警方刑讯逼供的地点:钟祥市公安局,荆门拘留所,钟祥市警察培训中心,荆门警察培训学校,沙洋拘留所。
They identified the following government facilities as locations where police tortured them: Zhongxiang Public Security Bureau, Jingmen Detention Centre, Zhongxiang Police Training Centre, Jingmen Police Training School, and Shayang Detention Centre.
作为一名叙利亚公民,他受到叙利亚法律的保护,没有受到任何形式的刑讯逼供或虐待。
As a Syrian citizen, he is protected by Syrian law from torture or any ill-treatment.
委员会还对被指控任意逮捕和拘留、在秘密地点拘留、酷刑、虐待和刑讯逼供及过度使用武力的案件表示关切。
The Committee also raised concern about alleged cases of arbitrary arrest and detention, detention in secret places, torture and ill-treatment, the extraction of confessions under torture and excessive use of force.
委员会提到其最近的结论性意见,再次敦促缔约国审查其立法,根据《公约》第15条,在其中纳入一项规定,禁止在任何诉讼中援用任何刑讯逼供取得的证词作为证据。
Referring to its most recent concluding observations, the Committee once again urged the State party to review its legislation in order to incorporate a provision prohibiting any statement obtained under torture from being invoked as evidence in any proceedings, in conformity with article 15 of the Convention.
这种情况是执法机构意愿对被拘留者特别是与冲突有关的被拘留者进行刑讯逼供的驱动因素。
The situation has been a contributing factor in the willingness of law enforcement agencies to use torture in order to coerce confessions from detainees, particularly conflict-related detainees.
《刑法》、《刑事诉讼法》、《法官法》、《检察官法》、《人民警察法》等法律明确规定严禁刑讯逼供或非法收集证据。
The Criminal Law, the Criminal Procedure Law, the Judges Law, the Public Procurators Law, and the People's Police Law clearly prohibit the coercion of confessions by torture as well as the unlawful gathering of evidence.
为使他们在刑讯逼供下的供词上签字而被移送警方关押之前,他们的家人对其被捕、行踪及下落一无所知。
Their families are not notified of their arrest, of their movements or of their whereabouts until such time as they are transferred to police custody in order to sign confessions that they have made under torture.
《监狱法》规定,监狱警察不得刑讯逼供或体罚、虐待罪犯;不得污辱罪犯人格;不得殴打或纵容他人殴打罪犯。
The Prison Law provides that prison officers shall not obtain forced confessions through torture nor use corporal punishment or maltreat a criminal; they shall not degrade the person of a criminal, nor shall they beat or allow others to beat a criminal.
《刑法》、《刑事诉讼法》、《法官法》、《检察官法》、《人民警察法》等法律明确规定严禁刑讯逼供或非法收集证据。
The Criminal Law, the Criminal Procedure Law, the Judges Law, the Public Procurators Law and the People's Police Law explicitly prohibit the extortion of confessions by torture or the illegal collection of evidence.
此外,人权观察还报告说,审判法官仅仅凭借或主要依靠刑讯逼供得到的供词或证人的证词就对被告定罪,而被告根本没有机会在法庭上和那些证人对质。
Furthermore, HRW reported that trial judges convict defendants solely or predominantly on the basis of coerced confessions or on the testimony of witnesses whom the defendant does not have the opportunity to confront in court.
根据《国家赔偿法》,公民对于刑讯逼供、以暴力行为造成身体伤害、违法使用武器警械造成身体伤害等行为均有权要求赔偿。
Under the Law on State Compensation, any citizen who suffers from physical injuries caused by torture applied in order to extort a confession, acts of violence, or the unlawful use of weapons or police instruments shall be entitled to claim State compensation.
(四) 刑讯逼供或者以殴打等暴力行为或者唆使他人以殴打等暴力行为造成公民身体伤害或者死亡的;
bodily injury to or death of a citizen caused by torture arrangement or such violent acts as battery or abetting others in battery
人权观察访谈的部分律师指出,由于减少刑讯逼供的法律措施,在非政治性刑案中,公安机关在侦查阶段使用酷刑的情况已较为减少或"较不严重 "。
Some lawyers interviewed by Human Rights Watch said the problem of torture in police interrogations has "become less serious" in non-political criminal cases because of recent legal reforms aimed at reducing torture.
此外,虽然最高法院颁布了几项决定,防止将刑讯逼供取得的供词作为法庭证据,委员会对此表示赞赏,但是中国的刑事诉讼法仍然没有依照《公约》第15条规定,明确禁止这种做法。
Furthermore, while the Committee appreciates that the Supreme Court has issued several decisions to prevent the use of confessions obtained under torture as evidence before the courts, Chinese Criminal procedure law still does not contain an explicit prohibition of such practice, as required by article 15 of the Convention
6.3 关于根据第七、十和第十四条第3款(庚)项提出的申诉,委员会注意到,提交人已提供详细资料说明他兄弟声称的受到调查当局的酷刑和刑讯逼供。
6.3 On the claims under articles 7, 10 and 14, paragraph (3) (g), the Committee noted that the author had provided detailed information about his brother's alleged torture and forced confession at the hands of investigation authorities.
刑法第126条规定: 任何公务员或政府雇员对被指控人施加酷刑刑讯逼供须受严厉监禁惩罚,服刑3至10年。
Article 126 of the Criminal Code stipulates: Any civil servant or public employee who orders or carries out the torture of an accused person in order to extract a confession from that person shall be subject to a penalty of rigorous imprisonment or a term of from 3 to 10 years' imprisonment.
委员会还注意到,不断有人举报,在刑讯逼供时普遍使用酷刑,嫌疑人不能得到基本的法律保障,尤其是不能获得律师服务(第1、2、4、11和15条)。
The Committee also takes note of consistent reports that torture is commonly used during interrogation to extract confessions when the suspect is deprived of fundamental legal safeguards, in particular access to legal counsel (art. 1, 2, 4, 11 and 15).
酷刑和虐待,刑讯逼供 - 第七条和第十四条第3款(庚)项。
Torture and ill-treatment and confession through torture - articles 7, 14, 3 (g).
司法部和内务部部长均已采取措施,以惩治警方的渎职行为在逮捕犯人时滥用武器,刑讯逼供,甚至严刑拷打不过,必须将这些措施纳入整体战略中进行综合考虑。
The Ministers of Justice and of the Interior had taken steps to punish police malpractice - excessive use of firearms during arrests, ill-treatment and even torture during interrogations - but those measures needed to be incorporated within a comprehensive strategy.
2.2 在被捕后的头几天,据称调查人员殴打提交人的儿子,刑讯逼供,迫使他认罪。
2.2 During the first days following the arrest, the author's son was allegedly beaten and tortured by the investigators and was forced to confess his guilt.
刑讯逼供泛滥、案卷笔录中心主义的法庭裁判模式等一系列问题导致了一批冤假错案的集中爆发,也催生了刑事诉讼法的再修改。
The extorting confessions by torture and adjudication of dossier notes centralism made a large number of unjust, false and wrong cases. At the same time, the Criminal Procedure Law was forced to be revised once again.
"他观察到有些机器:"似乎是中世纪宗教裁判所用来刑讯逼供获得假认罪的刑具的翻版。
He observed that some of the machines, "would seem to be replicas to those used during the Inquisition to extract false confessions".
尽管"排非规则" - 在审判时排除刑讯逼供取得的供述 - 使刑辩律师有机会对这种证据提出质疑,但事实证明它同样是一个软弱无力的工具。
While the "exclusionary rule"-the exclusion from trial of statements obtained through torture-which should provide lawyers opportunities to challenge such evidence in criminal proceedings, has proven to be too weak a tool.
您是否曾经从事、指使、煽动、协助或以其他方式参与刑讯逼供或虐待他人?
Have you ever committed, ordered, incited, assisted, or otherwise participated in torture?
[113] 由于犯罪防治经费不足,导致公安机关过分仰赖刑讯逼供便宜行事,将其视为获取必要证据使罪犯受到起诉、定罪的最有效途径。
This under-resourcing for crime control makes it expedient for the police to rely on torture, which they consider the most efficient means of obtaining the necessary evidence for criminal prosecutions and convictions.
中国人权研究会称,刑讯逼供、量刑错误以及渺视律师等问题是造成冤假错案的根源,并导致许多侵犯人权案件。
CSHRS stated that problems such as extortion by torture, wrong sentences and contempt for lawyers are sources of unjust cases and have led to many cases of human rights violations.
缔约国应采取必要步骤,按照国内法律与《公约》第15条的规定,确保法院对刑讯逼供取得的口供不予采纳。
The State party should take the steps necessary to ensure that confessions obtained under torture or duress are inadmissible in court in all cases in line with domestic legislation and the provisions of article 15 of the Convention.
所以问题的答案不光是培训律师,而且在于找到办法系统地保证嫌疑人尽早接触到律师,因为他们是系统中的保护措施,保护被刑讯逼供的人。
So the pieces are, not only the training of the lawyers, but us finding a way to systematically implement early access to counsel, because they are the safeguard in the system for people who are being tortured.
尽管被告必须建立基本的刑讯逼供指控,并提供某些信息,但法律没有清楚规定多少证据才足够支持展开调查,仅列举必要的几种信息,例如刑讯逼供的时间、地点。 [311]
While a defendant needs to set out a basic allegation of torture, providing some information, the law is unclear as to how much evidence is sufficient to warrant an investigation, though it gives examples of the kinds of information needed, such as the time and location of torture.
消息来源指出,尽管政府声称关于刑讯逼供或虐待的指称在初步调查或后来的庭审期间都没有证据证明,但看上去没有任何法院对刑讯逼供或虐待的指称进行了彻底、公正的调查。
The source notes that despite the Government's claim that the allegations of torture and ill-treatment had not been proven either during the preliminary investigation or in subsequent court hearings, it does not appear that any court conducted a thorough, impartial inquiry into the allegations of torture and other ill-treatment.
根据《立案标准》的规定,刑讯逼供,手段残忍、影响恶劣的,致人自杀或者精神失常的,造成冤、假、错案的,授意、指使、强迫他人刑讯逼供的,均应予立案。
According to the provisions of the Criteria on the Filing of Cases, cases shall be filed in all cases where torture is used to extort confessions, where cruel methods are used to malicious effect, where suicide or mental derangement results, where injustices, false or erroneous trials result, or where a person has authorized, instructed or forced another to extort confession through torture.
近年来,中国为减少刑讯逼供案件的发生,已进行了若干政策改革,个别并未犯罪但被判有罪的人也已被释放。但是,人权组织和联合国专家说,在调查和拘留过程中,刑讯逼供及其他虐待行为仍普遍存在。
In recent years China has instituted several policy changes to reduce instances of forced confessions, and several people convicted of crimes they did not commit have been released. But human rights organizations and United Nations experts say torture and other abuses in investigations and detention are still widespread.
最高人民检察院《人民检察院刑事诉讼规则》第140条重申了刑事诉讼法严禁刑讯逼供原则,同时在第265条规定,以刑讯逼供或者威胁、引诱、欺骗等非法的方法收集的犯罪嫌疑人供述、被害人陈述、证人证言,不能作为指控犯罪的根据。
Article 140 of the Regulations of the Supreme People's Procuratorate on Criminal Procedure by the People's Procuratorates reiterates the principle of strict prohibition of extortion of confession by torture, which is provided for in the Criminal Procedure Law. Furthermore, article 265 of the Regulations reiterates that confessions of criminal suspects, statements of victims and witness testimony obtained by torture or threat, enticement, deceit and other illegal methods cannot serve as the basis for criminal charges.
严格贯彻执行有关法律关于严禁刑讯逼供的规定,排除刑讯取得的证据。
They must rigorously carry out the relevant legal stipulations regarding the strict prohibition of the use of torture to extort confessions, and must exclude any evidence that may have been extracted by torture.
为禁止刑讯逼供等酷刑,最高人民检察院2001年1月2日专门下发了《关于严禁将刑讯逼供获取的犯罪嫌疑人供述作为定案依据的通知》,要求各级人民检察院牢固树立公正执法、文明执法的思想,坚决杜绝刑讯逼供。
To prohibit the use of torture to extort confessions, on 2 January 2001, the Supreme People's Procuratorate specially issued the Notice on the Strict Prohibition of the Use of Criminal Suspects' Confessions Extorted by Torture as Evidence for Deciding Cases, requesting people's procuratorates at all levels to firmly establish a culture of just and civilized law-enforcement, and to put a decisive stop to the use of torture to extort confessions.
然后我们全班一起讨论了一些事实:第一:他们主动坦白的信息不一定可靠,但是第二:我们不想鼓励警方继续进行刑讯逼供,尤其是现在这是违反法律的
And we talked about, as a class, the fact that number one, the confessions might not be reliable, but number two, we did not want to encourage the police to keep doing this, especially as it was now against the law.
许多人被单独关押在警察或安全部队的牢房中,遭到刑讯逼供,以迫使这些人承认犯罪或者将亲属、邻居、雇员或者朋友牵扯进犯罪活动中。
"Many reported being held incommunicado in police or national security custody, beaten, or otherwise ill-treated and tortured to force them to confess to a crime or to incriminate a relative, a neighbour, an employer or a friend."
警察就是在医生的旁边,跟他讲[刑讯逼供]有什么用,医生不管这些。 [234] 部分受访律师指出,侦查人员强迫他们的当事人说身上的伤是自己造成的。
What use is there to tell [the doctor about the torture]? The doctors don't care. Some lawyers we interviewed said that their clients were forced by the investigating officers to say that their injuries were self-inflicted.
《人民检察院刑事诉讼规则》第二百六十五条明确规定,以刑讯逼供或者威胁、引诱、欺骗等非法的方法收集的犯罪嫌疑人的供述、被害人陈述、证人证言不能作为指控犯罪的根据。
Article 265 of the Rules of Criminal Litigation for the People's Procuratorates clearly stipulates that confessions of suspects, statements of victims and witnesses extorted by torture or by the use of threats, enticement, cheating and other illegal means cannot be used as the basis for accusations.
对于当事人否认案件事实有一定的理由和根据的,适用政策、法律不当的,有刑讯逼供情形的等申诉,应由原审的上一级法院调查处理;
For client denied the facts of the case and some grounds and in accordance with, the applicable policies, law improperly, extorting a confession by torture cases of complaints, a court investigation by the trial of treatment
第54条规定,采用刑讯逼供等非法方法收集的犯罪嫌疑人、被告人供述和采用暴力、威胁等非法方法收集的证人证言、被害人陈述,应当予以排除。
Article 54 of the Law stipulates that confessions by a suspect or a defendant obtained through torture and extortion and other illegal means and witness testimonies and victim statements obtained through the use of violence, threats and other illegal means shall be excluded.
在尊重公平审判标准方面,特别是涉及根据《反恐怖主义法》控罪人员的领域,联伊援助团注意到,法院往往没有对被告人提出的刑讯逼供指称进行适当调查,而且经常完全依靠此类供认或秘密线人未经核实的证词。
With regard to respect for fair trial standards, in particular in relation to individuals charged under the Anti-Terrorism Law, UNAMI has observed that the courts often fail to properly investigate allegations by accused persons whose confessions were obtained through the use of torture and that the courts frequently rely solely on such confessions or the untested testimony of secret informants.
他还称自己已经让司法系统焕然一新,定罪方面,靠自己坦白犯罪事实的比例已经从97%到了9%,警察习以为常的刑讯逼供的机会大大降低。
He himself claims to have transformed the judicial system, cutting the percentage of convictions based on confessions from 97% to 9%, thereby giving police less of an institutional incentive to be thuggish.
去年,联合国的一个委员会就曾建议,安理会应就设立劳改营等侵犯人权的行为,在国际刑事法院起诉金正恩。该委员会称劳改营里饥饿、刑讯逼供和任意处决的现象很普遍。
Last year, a United Nations panel recommended that its Security Council refer Mr. Kim to the International Criminal Court over human rights violations like operating prison gulags, where the panel said hunger, torture and arbitrary executions were widespread.
在这期间,乌拉圭当局因为政治和意识形态问题,严重侵犯了人权和基本自由,结果出现了成千上万的政治囚犯,制造了有组织的刑讯逼供、即决处决以及强迫失踪事件。
In those years Uruguay began to see serious violations of human rights and fundamental freedoms committed by the State for political and ideological reasons, the price of which was thousands of political prisoners, the systematic practice of torture in detention centres, summary executions and enforced disappearance of persons.
这不属于工作组的职权范围,而且,在没有对证据进行深入研究的情况下,也不可能做出这样的评估,除非支持判决的证据是通过刑讯逼供的方式获得的 。
Such is not the Group's mandate and, moreover, that task would be impossible without a thorough examination of the file. An exception is called for where the judgement is based on a confession obtained by torture .
缔约国应采取必要措施,根据《公约》规定,确保刑事案件的定罪需要被拘押者供词之外的其他证据,并确保通过刑讯逼供取得的口供不会用作诉讼程序中的证据,除非被告被控实施酷刑。
The State party should take the measures necessary to ensure that criminal convictions require evidence other than the confession of the detainee, and ensure that statements that have been made under torture are not invoked as evidence in any proceedings, except against a person accused of torture, in accordance with the provisions of the Convention.
2005年8月28日,中国颁布新的《治安管理处罚法》,规定严禁刑讯逼供或采用威胁、引诱、欺骗等非法手段收集证据,以非法手段收集的证据不得作为处罚的根据。
On 28 August 2005, China promulgated the Law on Public Security Administration Punishments, which provides that obtaining forced confessions by torture and collecting evidence through illegal means such as coercion, inveigling or cheating are strictly prohibited, and that evidence obtained through such illegal methods shall not form a basis for punishment.
请说明上述规定的执行情况及影响,包括执行措施的有效性,如2010年7月1日生效的新规定对禁止利用刑讯逼供取得证据发挥了怎样的效力?
Please elaborate on the implementation and the impact of these rules, including effectiveness of the implemented measures, such as the new regulations that went into effect on 1 July 2010, in prohibiting the use of evidence obtained through torture or ill-treatment.
政府还表示,所谓违反适当程序的指称纯属"凭空捏造",因为该国法律禁止虐待被拘留者和使用刑讯逼供,并且已建立一个矫正侵权行为的法定程序,规定了接触律师的权利。
It also suggests that claims of due process violations are "fabrications" since the country's body of laws forbids mistreatment of detainees and the use of coerced confessions; establishes a legal process to remedy violations; and provides for access to legal counsel.
在刑讯逼供和不公正审判之后被判死刑 - 违反《公约》第六条、第七条和第十四条第1款和第3款(庚)项。
Imposition of a death penalty following an unfair trial, with use of confessions obtained under duress - violation of article 6; article 7; and article 14, paragraphs 1 and 3 (g), of the Covenant.
新修订的配套司法解释明确和细化了执法标准,加强对刑事案件办案程序的监督,规定对司法人员在诉讼活动中刑讯逼供等行为应当调查核实,依法追究相应责任。
The newly revised judicial interpretations accompanying the amended Law clarify and refine the standards for its enforcement, strengthen the monitoring of procedures by which criminal cases are handled, and provide that such actions as the extortion of confessions under torture by judicial officials during the legal proceedings must be investigated and verified so that those responsible are prosecuted in accordance with the law.
《公安机关办理刑事案件程序规定》第一百八十一条规定: 讯问的时候,应当认真听取犯罪嫌疑人的供述和辩解;严禁刑讯逼供或者使用威胁、引诱、欺骗以及其他非法的方法获取供述。
Article 181 of the Procedural Provisions for the Handling of Criminal Cases by Public Security Organs stipulates: "During interrogations, the statements and explanations of the suspects should be carefully listened to; the use of torture to extort confessions or the use of threats, enticement, cheating and other illegal means to obtain confessions are strictly prohibited."
举例而言,某一案件被告指称公安对他刑讯逼供,打断了他的左手姆指,判决书仅仅引用一份看守所提供的医疗纪录,其中没有纪录任何外伤,便排除了虐待的可能。
For example, in a case in which a defendant alleged that police tortured him and broke his left thumb, the verdict cited a medical record from the detention center that did not record any injury as the sole evidence to rule out ill-treatment.
它对德国在反恐战争中采取双重标准表示关切,认为对恐怖主义嫌疑人刑讯逼供是对人权的公然侵犯,特别是考虑到在正常情况下德国的法律不会采信这些供认。
It expressed concern at Germany's adoption of double-standard policies in the war on terror, and considered that a confession from a suspect of terrorism obtained as a result of torture was a blatant violation of human rights, in particular in view of the fact that the German law would not in normal circumstances accept those confessions as credible evidence.
作为全国最高警务机关的公安部宣称,2012年刑讯逼供已减少百分之八十七,牢头狱霸虐待其他在押人员的现象已"一去不返 ", 且在押人员死亡人数在2013年达到"历史最低水平 "。
The Ministry of Public Security, the agency in charge of the police, claims that the use of coerced confessions decreased 87 percent in 2012, that cell bosses who abuse fellow suspects are "things of the past," and that deaths in custody reached a "historic low" in 2013.
第43条规定,审判人员、检察人员、侦查人员必须依照法定程序收集证据,严禁刑讯逼供和以威胁、引诱、欺骗以及其他非法的方法收集证据。
Article 43 of the Law stipulates that judges, prosecutors and investigators must collect evidence in accordance with the legally prescribed process and that it is strictly forbidden to extort confessions by torture and to collect evidence by threat, enticement, deceit or other unlawful means.
2005年,最高人民检察院宣布,消除刑讯逼供做法将是工作的重中之重,并要求检察官不得将使用酷刑取得的口供作为正式批准逮捕的依据,以及检察官必须努力排除非法获得的证据。
The SPP announced in 2005 that eliminating interrogation through torture was a priority of its work agenda and has instructed procurators that confessions obtained as a result of torture cannot form a basis for the formal approval of arrests and that prosecutors must work to eliminate illegally obtained evidence.
他指出,他的认罪是刑讯逼供的结果,2000年7月12-13日的审讯报告是在要进一步上刑的威胁下签字的,并且他见不到律师。
He stated that his confession of guilt had been extracted under torture, that the interrogation report of 12 - 13 July 2000 had been signed under the threat of further torture, and that he did not have access to a lawyer.
2001年,公安部出台了《看守所民警执勤行为规范》,明确要求民警不得刑讯逼供,或体罚、虐待、侮辱在押人员,不得殴打或者纵容他人殴打在押人员。
In 2001, the Ministry of Public Security published Regulations on the Behaviour of People's Police on Duty in Custody-houses, which explicitly required that the people's police were not to use torture to extort confessions or to use corporal punishment or cruel or degrading treatment upon those in custody; not should they beat or incite others to beat those in custody.
这个训练的其中一部分就是这些士兵遭到长达30分钟的刑讯逼供和严刑拷打。后来他们必须努力辨别出是谁对他们施加了暴行。
And as part of this training exercise, these soldiers are interrogated in an aggressive, hostile, physically abusive fashion for 30 minutes and later on they have to try to identify the person who conducted that interrogation.
在这两案中,负责监督公安机关的国家内部机制,包括公安纪检单位、检察院和法院,都没有发现或忽略为定罪而实施的刑讯逼供。
In both cases, the internal mechanisms responsible for police oversight-police internal supervision units, the procuratorate, and the courts-missed or ignored the use of torture to obtain convictions.
然而,谢亚龙在法庭上表示,自己遭受了专案组的刑讯逼供,如电击、殴打和从头上浇凉水等。
However, Xie told the court he was tortured by means of electric shocks, was beaten, and doused with water while being interrogated during investigations.
非政府组织中国人权(Human Rights in China)的一份报告称,代表被关押人士的友人已经向黑龙江省人民检察院发出了控告书,指控相关人员绑架、非法拘禁以及在狱中刑讯逼供,其中包括"猥亵侮辱"被关押的女性。
Friends acting on behalf of the detained group have filed a complaint with the Heilongjiang Supreme People's Procuratorate alleging kidnapping, illegal detention and physical assault in jail, including "indecent and obscene insults" directed toward women in the group, according to a report by Human Rights in China, a nongovernmental organization.
委员会请缔约国在下次报告中提供资料,说明不接受以刑讯方式获取的供述的具体判例以及官员因刑讯逼供而受起诉和惩处的案件。
The Committee requests the State party to include in its next report information on any specific jurisprudence excluding statements obtained as a result of torture and on any cases in which officials have been prosecuted and punished for extracting a confession under torture. Lynching
他从家中被带到位于苦盏的第六局驻地,据称,他在第六局受到刑讯逼供。
He was taken from his home to the Sixth Department's compound in Khujand, where he was allegedly tortured in order to obtain a confession.
检察官吴燕武曾在一篇文章中坦承此一问题 : "抓获犯罪嫌疑人到送往看守所羁押期间是刑讯逼供的高发期 。" [274]
Procurator Wu Yanwu acknowledged the problem in an article: "The period between when suspects are apprehended and when they are taken to a detention center is a period with high incidence of torture."
[119] 但人权观察访谈的数名律师提到,某些类型的犯罪嫌疑人常遭受特别严重的刑讯逼供,包括谋杀、黑社会和贪污等个案。
But a number of lawyers we interviewed said that torture is particularly common and severe in murder cases, triad-related crimes, and corruption cases.
凡经查证确实属于采用刑讯逼供或者威胁、引诱、欺骗等非法的方法取得的证人证言、被害人陈述、被告人供述,不能作为定案的根据。
Testimony of witnesses, statements of victims and the confessions of criminal suspects, once proved to be obtained by extortion, threat, enticement, deceit or other unlawful means, cannot serve as the basis for decisions.
2012年,全国人民代表大会修正《刑事诉讼法 》 , 要求执法人员保障嫌疑人获得律师帮助的权利,且不得将刑讯逼供取得的口供和书面供述引为证据。
In 2012, the National People's Congress revised the country's Criminal Procedure Law to require law enforcement officials to improve access to legal counsel for suspects and to exclude suspects' confessions and written statements obtained through torture.
据《中国青年报》报道,周二,中国足坛扫黑谢亚龙等人案件庭审,谢亚龙在庭上称自己之所以在审讯阶段承认受贿是因为受到刑讯逼供。
On Tuesday, the former head of China's soccer association claimed he was tortured into confessing to taking bribes, as he and other officials faced trial in a crackdown on graft in Chinese football, China Youth Daily reported.
争论的焦点是拷打和其它方式的刑讯逼供的尺度-尽管这些逼供手段可能已经被禁止使用了-为合法的反恐斗争蒙上了一层阴影。
The controversies show the extent to which torture and other forms of harsh interrogation-even though they may have been abandoned-cloud the legitimate work of counter-terrorism.
因刑讯逼供被判有罪60人 因暴力取证被判有罪2人 因虐待被监管人被判有罪27人
No. of people sentenced on account of the use of torture to extort confession: 60 No. of people sentenced on account of the use of violence to extort testimony from witnesses: 2 No.
公安机关办案区讯问室和看守所讯问室普遍安装录音录像设施,开展讯问犯罪嫌疑人录音录像工作,有效预防刑讯逼供、违法取证等执法不规范问题。
The interrogation rooms of public security organs and detention houses are all equipped with audio and video recording facilities to prevent misconduct in law enforcement such as extorting confessions by torture and obtaining evidence through illegal means.
提交人还称,她的儿子及其律师就刑讯逼供提出了申诉,包括在法庭上的申诉,但都被置之不理。
The author has also claimed that her son and his lawyers have complained about the forced confessions obtained under duress, including in court, but their claims were ignored.
在不公正审判后被判死刑;刑讯逼供 - 第七条和与之相关的第十四条第3款(庚)项和第六条。
Death sentence after an unfair trial; forced confession obtained under duress - article 7 read together with article 14, paragraph 3 (g), and article 6.
第二百四十七条规定:"司法工作人员对犯罪嫌疑人、被告人实行刑讯逼供或者使用暴力逼取证人证言的,处三年以下有期徒刑或者拘役。
Article 247 provides that: "Any judicial officer who extorts confession from a criminal suspect or defendant by torture or extorts testimony from a witness by violence shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
在1998年9月8日《关于执行〈中华人民共和国刑事诉讼法〉若干问题的解释》中,最高人民法院规定,采用刑讯逼供取得的供述,不能作为定案的根据。
In the Decision on Specific Issues in the Implementation of the CPL of 8 September 1998, the SPC held that confessions under torture could not become the basis for determining a case (buneng zuowi ding'an de genju).
公安[在后续讯问时]会告诉嫌疑人 , "那么,既然你都说过是你做的了,何不干脆承认 ?" [326] 因此,成功排除刑讯逼供取得的证据,常常对案件结果仍毫无影响。
The police would tell the suspect [in subsequent interrogations], "well, you've already said that you did it, why don't you admit it?" As a result, successful exclusion of evidence obtained through torture often does not make a difference in the outcome of the case.
贪污贿赂犯罪, 国家工作人员的渎职犯罪, 国家机关工作人员利用职权实施的非法拘禁、刑讯逼供、报复陷害、非法搜查的侵犯公民人身权利的犯罪以及侵犯公民民主权利的犯罪, 由人民检察院立案侦查。
Crimes of embezzlement and bribery, crimes of dereliction of duty committed by State functionaries, and crimes involving violations of a citizen's personal rights such as illegal detention, extortion of confessions by torture, retaliation, frame-up and illegal search and crimes involving infringement of a citizen's democratic rights - committed by State functionaries by taking advantage of their functions and powers - shall be placed on file for investigation by the People's Procuratorates.
最高人民检察院要求各级人民检察院必须严格贯彻执行这些规定,发现犯罪嫌疑人供述、被害人陈述、证人证言是侦查人员以非法方法收集的,应当坚决予以排除,不能给刑讯逼供等非法取证行为留下任何余地。
The Supreme People's Procuratorate asks that all level of the people's procuratorates strictly follow the legal stipulations and resolutely screen out suspects' confessions and statements of victims and witnesses that are found to be obtained by illegal means. No leeway should be allowed with regard to the use of torture to extort confessions and other such illegal means of obtaining evidence.
该解释设专节规定了非法证据排除的具体程序,明确规定采用刑讯逼供等非法方法收集的被告人供述和采用暴力、威胁等非法方法收集的证人证言、被害人陈述,不得作为定案的根据。
This Interpretation lays out specific provisions for illegal evidence exclusion procedures, clearly stipulating that cases may not be disposed on the basis of statements obtained from defendants through torture or other unlawful means, or of testimony obtained from witnesses or victims through violence, threats or other unlawful means.
规定使用肉刑或者变相肉刑,或者使用其他使被告人在肉体上或者精神上遭受剧烈疼痛或者痛苦的行为,迫使被告人不得不违背自己意愿供述的,应当认定为刑事诉讼法第54条规定的"刑讯逼供等非法方法"。
It further stipulates that the use of corporal punishment or disguised corporal punishment or other methods of inflicting severe physical or mental pain or suffering on defendants, thereby forcing them to make confessions against their will, shall be deemed "illegal means such as coercion of confession by torture," as set out in article 54 of the Criminal Procedure Law.
马利诺夫斯基称,越南已释放了七位知名的良心犯,注册了113家教会团体,并签署了反刑讯逼供的公约。尽管如此,美国还是希望越南释放所有良心犯,包括去年被判处长期徒刑的一群知名博客作者和作家。
Vietnam has released seven prominent prisoners of conscience, registered 113 church congregations and signed the convention against torture, Mr. Malinowski said. Still, the United States wants it to release all prisoners of conscience, including prominent bloggers and writers given lengthy prison sentences last year.
这一切都产生了实实在在的影响,既包括法律上的,也包括政治上的。在法律上,如果相关信息可能被用于无人机袭击、涉及刑讯逼供的审问,以及联合国未批准的战争,德国情报机构就被禁止与美国分享。
All of this has practical implications, both legal and political. Legally, the German intelligence services are not allowed to share information with the Americans that might be used for drone strikes, interrogations that might involve torture and wars without a United Nations mandate.
它说,巴林不让被告有时间准备律师,没有提供指控他们的证据,也没有将指控通知给他们,在没有律师在场的情况下对他们进行审讯,而且常常无视他们被刑讯逼供的证据,这就是严重的侵犯的人权。
It stated that Bahrain had committed serious violations by denying defendants time to prepare legal counsel, not presenting the evidence against them or informing them of the charges, interrogating them without the presence of a lawyer, and often ignoring evidence that they had been tortured into confessing.
按照《公约》规定,缔约国应确保通过刑讯逼供取得的口供不会用作诉讼程序中的证据。 委员会遗憾地指出,缔约国没有充分解释相关法律规定,并且没有提供相关案例的统计资料(第15条)。
The Committee regrets that the State party did not sufficiently clarify the legal provisions ensuring that any statements that have been made under torture shall not be invoked as evidence under any proceedings, as required by the Convention, and did not provide statistical information on such cases
法律规定公务人员只有依照"明确和透明的司法决定与授权令"才能搜查财产和实施逮捕,禁止"以蒙眼、带镣铐、污蔑或贬低等方式骚扰当事人",禁止刑讯逼供,并将逼供所得陈述视为非法证据。
Legal provisions allow officials to pursue property searches and arrests only as a result of "judicial decisions and warrants that are clear and transparent"; forbid "harassing individuals by blindfolding, shackling, humiliating or demeaning them"; prohibit the use of torture to gain confessions, and regard coerced confessions as illegitimate evidence.
虽然根据《禁止酷刑和其他残忍、不人道或有辱人格的待遇或处罚公约》,各国必须承担打击违法不究的约束性义务,但国家当局不愿意对刑讯逼供的指控展开刑事调查和起诉,其结果是违法不究的现象继续得不到遏制。
Notwithstanding binding obligations to fight impunity under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, authorities are reluctant to carry out criminal investigations and prosecutions into torture allegations, with the result that impunity is allowed to continue unchecked.
于是我成立了一个叫"国际正义桥"的机构这个机构有一个特殊的任务那就是阻止刑讯逼供维护正当的法律权益我们在上述93个国家组织了一批训练有素的律师在案件审理早期就前往警察局和法院
And I founded International Bridges to Justice which has a specific mission of ending torture as an investigative tool and implementing due process rights in the 93 countries by placing trained lawyers at an early stage in police stations and in courtrooms.
如上所述,我们利用最高人民法院网站,检索2014年前四个月发布在该数据库的所有刑事裁判文书,总计约158,000份文件,其中找到432份裁判文书载有嫌疑人指证公安刑讯逼供。
As noted above, our search of all Chinese criminal court verdicts published on the SPC website during the first four months of 2014, some 158,000 in total, turned up 432 verdicts in which suspects alleged police torture.
美国中央情报局(CIA)承认,曾监控过参议院雇员使用的电脑,并为此向参议院情报委员会(Senate Intelligence Committee)道歉。这些电脑是参议院雇员用来编辑一些即将发布的报告的,报告的内容涉及中情局的刑讯逼供情况。
The CIA has apologised to the Senate intelligence committee after it admitted spying on computers used by staffers to compile a soon-to-be-released report on torture by the intelligence agency.
对于被刑讯逼供后供述的被告,没有任何帮助。 [332] 由于中国的排非规则仍然允许使用强迫的手法协助辨认其他证据,警察仍然会利用酷刑取得口供,所以它对案件结果没有任何影响。
For the defendant who was tortured before giving a true confession, however, there will be no relief. Because China's exclusionary rule still permits coercion to help identify other evidence, police continue to use torture to extract confessions, so it has little to no impact on the outcome of cases.
第一百三十六条 严禁刑讯逼供。国家工作人员对人犯实行刑讯逼供的,处三年以下有期徒刑或者拘役。以肉刑致人伤残的,以伤害罪从重论处。
Article 136 It shall be strictly forbidden to extort a confession by torture. Any state functionary who extorts a confession by torture shall be sententenced to fixed-term imprisonment of not more than three years or criminal detention. Whoever causes injury or disability to a person through corporal punishment shall be charged with the crime of injury and given a heavier punishment.
刑讯逼供已成为不成文的规则,很普遍。 - 郑千阳(化名 ) , 黑龙江省前警官,2014年2月 中国官员形容刑讯逼供是"全国性 "、 "普遍"且"严重"的问题 , [ 88] 据中国学者分析,牵涉死刑案件的重大刑事错案有八成存在刑讯逼供。
Torture to extract confession has become an unspoken rule, it is very common. - Zheng Qianyang (pseudonym), former police officer, Heilongjiang province, February 2014 Chinese officials have characterized the use of torture as "nationwide," "common," and "serious," while Chinese scholars analyzing prominent cases of wrongful convictions involving capital offenses concluded that over 80 percent of these cases involved torture.
根据《立案标准》的规定,刑讯逼供,手段残忍、影响恶劣的,致人自杀或者精神失常的,造成冤、假、错案的,授意、指使、强迫他人刑讯逼供的,均应予立案。
The Criteria on Serious and Especially Serious Cases stipulate, in respect of use of torture to extort confessions, that serious and especially large cases are those which
近年来,中国大陆媒体报导刑讯逼供的主要案件都与后文所述的犯罪类型有关,例如被控杀人的赵作海、被控组织犯罪的胡伟星。
In recent years, the most prominent cases of torture to extract confessions reported by mainland Chinese media have involved the latter categories of crimes, such as the case of Zhao Zuohai, accused of homicide, and that of Vincent Wu, accused of triad activity.
因刑讯逼供被判有罪121人 因暴力取证被判有罪1人 因虐待被监管人被判有罪23人
of people sentenced on account of criminal charges on maltreatment of inmates: 3
周二,美国总统巴拉克.奥巴马(Barack Obama)表示,CIA的刑讯逼供"严重损害了美国的全球声望,令美国更难与盟国和合作伙伴一道,追求美国的利益"。
President Barack Obama said on Tuesday that CIA torture had done "significant damage to America's standing in the world and made it harder to pursue our interests with allies and partners".
美国、英国和新西兰已经拒绝就此类条约进行协商,澳大利亚没有正式批准2007年与中国签署的一项协议,主要是担心中国存在系统性刑讯逼供,审判走过场,对不该判死刑的犯罪行为判死刑等问题。
The United States, Britain and New Zealand have refused to negotiate such treaties, and Australia has not ratified one that it signed with China in 2007, largely over concerns including the systemic use of torture to extract confessions, show trials and the imposition of the death penalty for noncapital crimes.
该报告叙述的一个案例令人难受:2002年,CIA在泰国审讯阿布·朱贝达(Abu Zubaydah)时,过程变得非常残忍,以至于一些CIA人员开始哽咽流泪,表示如果再这么刑讯逼供,他们就要申请调出该设施。
The report gave an excruciating account of the 2002 interrogation of Abu Zubaydah in Thailand. The interrogation sessions became so extreme that some C.I.A. officers began choking up with tears and requested to be transferred out of the facility if the torture continued.
尽管政府多次做出承诺,刑讯逼供和冤假错案的持续存在仍然展示了中共在实施法律过程中的最根本挑战之一。中国强大的国内安全体系在执行维护社会稳定的任务时仍然享受着极大的自由。
Despite the government's vows, the persistence of coercive interrogations and false confessions illustrates one of the most fundamental challenges that the Communist Party faces in turning laws into practice. The nation's powerful domestic security apparatus enjoys wide latitude in carrying out its mission of promoting social stability.
规范涉及公民人身的执法行为和司法行为。采取措施防范刑讯逼供。规范监管场所,保障各类被限制人身自由人员的权利。
Acts of law enforcement and judicature touching on the rights of the person shall be standardized. Measures shall be taken to prevent extorting confessions by torture. Places of surveillance shall be regularized to protect the rights of people whose personal freedom is subject to restriction.
《刑事诉讼法》第十八条要求,对于刑讯逼供,检控部门应当立案调查,但是,检控部门并未开展任何调查。
Criminal Procedure Law article 18 requires the Procuratorate to investigate allegations of torture, but the Procuratorate did not undertake any investigations.
据报告,樊奇航的律师向最高人民法院提交了一份录像资料,其中有樊奇航陈述警察对其刑讯逼供的情况。
It was reported that his lawyer submitted a video to the Supreme People's Court (SPC), in which Fan describes the torture that he had been subjected to by the police seeking his confession.
[356] 某些案件从检察机关得到的答复根本不可信。 陈澳民的丈夫曾是犯罪嫌疑人,因为刑讯逼供现在必须拄拐杖走路,听觉和注意力也受到损害,但检察官告诉她,酷刑只是"小事 ":
There has been no response from the some cases the answers from the procuratorate are simply not credible. The procurator told Chen Aomin, the wife of a former suspect whose torture left him unable to walk without crutches and with hearing and mental concentration impairments, that the torture was "just a small issue"
而关闭关塔那摩监狱的行动则要跟彻底的调查相结合,来检讨当年监狱借以设立的相关基本政策。对此奥巴马禁止"刑讯逼供"和秘密关押行为的决定则是在正确方向上迈出的重要一步。
The closure of Guantánamo must be accompanied by a fundamental review of the underlying policies that gave rise to its existence. Obama's decisions to ban "enhanced interrogation" and end secret detention are important steps in the right direction.
严禁刑讯逼供;办理未成年人违法犯罪案件,应当保护未成年人的名誉,不得公开披露涉案未成年人的姓名、住所和影像" 等内容。
In handling cases involving juvenile offenders the minors' reputations should be protected and information such as their names, addresses or descriptions of their appearance should not be divulged."
(四)刑讯逼供或者以殴打等暴力行为或者唆使他人以殴打等暴力行为造成公民身体伤害或者死亡的;
Extortion of a confession by torture or causing bodily injury or death to a citizen by using or instigating the use of violence such as beating one up
91.15 确保对刑讯逼供的证词不予采信,并有效落实《刑事诉讼法》在获得律师帮助、会见家人和对羁押时间的限制等方面的新的改革措施(瑞典);
Ensure that confessions obtained through torture have no value and that the new reform of the Code of Criminal Procedure is effectively carried out with respect to access to counsel and family and limits on the custody period (Sweden)
配货,归类、上海时时彩开奖走势图、教导员 如冰忿恨做伴,内蒙时时彩三星遗漏号孟加拉坟墓,刑讯逼供华南地区很方便转会市场故人版压缩。 服务台枣子实在太多战地。
They bowed their heads, hands clasped or palms firmly pressed together. They stood in grassy areas or roadsides overlooking the choppy sea. In Japan's capital, they lit candles and offered flowers. Some dabbed at tears.
2004年,因刑讯逼供,起诉53件;因虐待被监管人,起诉40件;因暴力取证,起诉4件。
from witnesses: 7 (f) 2004: No. of criminal charges on the use of torture to extort confession: 53 No. of criminal charges on maltreatment of inmates: 40
第四条 办理未成年人违法犯罪案件,严禁使用威胁、恐吓、引诱、欺骗等手段获取证据。 严禁刑讯逼供。
In the decade the programme has been in operation, more than RMB 600 million has been raised and spent on the construction of some 300 "Spring Buds Schools" and remedial education for over 1,500,000 girls.
委员会还感到关切的是,缔约国没有制定法规,规定法院不可采纳通过刑讯逼供获得的证据,除非这类证词是为了用作控告某人刑讯逼供获取供词的证据(第2条、第11条、第15条和第16条)。
The Committee is also concerned by the absence of legal provisions establishing that statements or confessions obtained under torture are inadmissible in court, except when such a statement is invoked as evidence against a person accused of torture (arts. 2, 11, 15 and 16).
2001年3月12日,公安部召开全国公安机关治理刑讯逼供、滥用枪支警械和滥用强制措施电视电话会议,要求各地公安机关进一步巩固治理刑讯逼供工作成果,使这三种类型的案件有较大幅度的下降,力争不发生致人死亡案件。
They requested public security organs in all areas to further consolidate on their achievements in regard to rectifying the use of torture to extort confessions, to ensure a substantial decline in these three types of cases, and to strive to ensure that cases resulting in death do not arise.
最高人民检察院2001年1月2日,下发《关于严禁将刑讯逼供获取的犯罪嫌疑人供述作为定案依据的通知》,要求各级人民检察院要严格贯彻执行有关法律关于严禁刑讯逼供的规定,明确非法证据的排除规则。
On 2 January 2001, the Supreme People's Procuratorate issued the Circular on the Strict Prohibition of the Use of Confessions of Suspects Extorted by the use of Torture as the Basis for Determining Crimes. The Circular requires that all levels of the people's procuratorates must strictly follow and implement legal stipulations on the strict prohibition of the use of torture to extort confessions and clarify rules of exclusion of illegal evidence.
特别报告员注意到现任政府对打击酷刑的总体承诺,也注意到自2005年以来,他曾经访问过的警察局和宪兵队在这方面取得了较大改善,但他仍发现了执法官员实施虐待的证据,其中大多数虐待是刑讯逼供的结果。
Noting the overall commitment by the current Government to combat torture and the considerable improvements since 2005 in this regard in most of the police commissariats and gendarmerie posts that he visited, the Special Rapporteur found evidence of ill-treatment by law enforcement officials, most of which was inflicted during interrogation for the purpose of obtaining a confession.
2010年9月,公安部下发《关于贯彻执行国家赔偿法有关问题的通知》,要求各级公安机关严格依法办案,严禁刑讯逼供,殴打、虐待或唆使、放纵他人殴打、虐待被限制人身自由人员或被羁押人员,认真做好国家赔偿案件的处理工作。
In September 2010, the Ministry of Public Security issued the Notice on the Relevant Issues concerning the Implementation of the State Compensation Law, requiring public security organs at all levels to handle cases in strict accordance with the law, strictly forbidding the extraction of confessions through torture and the beating and abuse of, or the condoning or incitement of others to beat or abuse, persons whose personal liberties had been limited or who had been taken into custody, and to conscientiously carry out the handling of State compensation cases.
刑讯逼供的泛滥一直让北京颇为尴尬,因为中国曾在1988年签署过一项反对酷刑的国际条约。在一连串无辜者被判入狱或死刑的案例曝光之后,中国领导人反复承诺要改善司法制度。国家主席习近平已经把司法改革作为"中国梦"构想的一部分。这一构想旨在通过提高政府效率等手段,强化民众对中共的支持。
The prevalence of forced confessions has long been an embarrassment to Beijing, which ratified an international treaty against torture in 1988. After a string of revelations about innocent people who were imprisoned and sentenced to death, China's leaders have repeatedly vowed improvements to the judicial system. President Xi Jinping has made legal reform a component of his "Chinese Dream," an effort to bolster popular support for the Communist Party by, among other things, improving government efficiency.
泰国76省中有约30个省在周二之前就已经实施戒严,有几个省已经多年处在戒严状态。在军事管辖之下,对侵权行为的记载包括法外处决、关押期间死亡、强制失踪和刑讯逼供。在泰国,对这些侵权行为几乎不存在问责。
In some 30 of Thailand's 76 provinces, martial law was already in place before Tuesday, in some cases for years. Extrajudicial executions, deaths in custody, enforced disappearances and torture have been documented under military jurisdiction. There has been almost no accountability for these violations.
完善对限制人身自由司法措施和侦查手段的司法监督。加强对刑讯逼供和非法取证的源头预防,健全冤假错案的有效防范、及时纠正机制。落实讯问犯罪嫌疑人全程同步录音录像制度,并逐步扩大其适用的案件范围,试行重大案件全程同步录音录像随案移送制度。
Improving judicial oversight over judicial and investigation means that restrict personal freedom. Efforts shall be strengthened to prevent at source interrogation by torture and illegal collection of evidence, and improve the mechanism for preventing and redressing unjust, false and erroneous cases in a timely manner. The system of synchronous video and audio recording shall be implemented for the entire process of questioning criminal suspects, while the scope of its application being gradually expanded. Trial implementation shall be made of the system of transferring major cases together with the relevant synchronous video and audio recordings.
按照参议院报告的说法,早在CIA抓获第一名在押人员之前,该局的法律顾问们就开始考虑如何让那些通常会被视为刑讯逼供的审讯手法获得批准。他们的结论是,如果此类手法被证明拯救了生命,那么就可能更广泛地得到接受。
According to the Senate report, even before the agency captured its first prisoner, C.I.A. lawyers began thinking about how to get approval for interrogation methods that might normally be considered torture. Such methods might gain wider approval, the lawyers figured, if they were proved to have saved lives.
吴海龙说,中国修订刑事诉讼法,加大了对"非法证据"的排除力度,其中也包括刑讯逼供的证据。他还表示,在2014年,当局没有批准对406人的逮捕和对106人的起诉,因为针对他们的证据是非法获得的。
Amendments to the criminal procedure law have strengthened the exclusion of "illegally obtained evidence," including evidence extracted by torture, he said. In 2014, he said, the authorities decided not to approve the arrests of 406 people and not to prosecute 106 others because the evidence against them had been obtained illegally.
2008年,禁止酷刑委员会重申其以前的建议,希望将依照《公约》第1条所规定的酷刑定义纳入冰岛的刑事法;20 并认为冰岛应当使其国内刑事法与《公约》第15条的条款相一致,确保对刑讯逼供的证词一律不予采信。
In 2008, the Committee against Torture (CAT) reiterated its previous recommendations that the definition of torture according to article 1 of the Convention be introduced into Icelandic criminal legislation; and that Iceland should bring its domestic criminal legislation into line with the provisions of article 15 of the Convention so as to exclude explicitly any evidence obtained as a result of torture.
工作组进一步指出,政府并未否认,这12人在空军情报局和国家安全局分支机构被单独监禁达数月之久;未就这些人遭到刑讯逼供的指控开展调查;由于法庭指定的辩护律师未被告知听证会召开的日期,听证会至少有3次不得不推迟。
The Working Group further notes that the Government has not denied that these 12 persons were held during several months in incommunicado detention at a branch of Air Force Intelligence and at a State Security branch; that no investigation has been carried out into the alleged torture suffered by these persons; that the hearings had to be postponed in at least three occasions because the defence lawyers, appointed by the Court, were not informed of the dates of the hearings.
另外,据大赦国际称,据说安全部队,特别是内政部国家安全局的官员拷打并虐待被拘留者,而且还经常对被拘留者进行" 逼供",或者强迫他们在供词上签字,而这些被拘留者后来又在法庭上以刑讯逼供为由撤销供词。
Also, according to Amnesty International, torture and other ill-treatment are reportedly perpetrated against detainees held in the custody of the security forces, notably officials of the State Security Department of the Ministry of Interior, and used to extract "confessions" or other information or to force detainees to sign statements which they later retract in court on the grounds that these were extracted under torture or duress.
(30) 委员会注意到缔约国2006年3月24日的第10号指示,该指示规定:军事委员会不得接受经证实显然是以刑讯逼供方式获得的供词,但委员会对该指示在军事委员会的执行以及被拘留者提出申诉的有效权利受到限制,表示关注。
The Committee, while taking note of the State party's instruction number 10 of 24 March 2006, which provides that military commissions shall not admit statements established to be made as a result of torture in evidence, is concerned about the implementation of the instruction in the context of such commissions and the limitations on detainees' effective right to complain.
委员会注意到,从摆在它面前的资料看来,据称受害人及其律师声称同案被告人在法院显示的受刑的痕迹并肯定他们的证词是刑讯逼供,据此主审法官传唤两名有关调查人员,并问他们是否曾使用非法的调查手段,并在得到否定的回答后放走他们。
The Committee notes that from the material before it, it transpires that the alleged victim and his lawyer have claimed that the co-defendants showed marks of torture in court and affirmed that their testimonies were obtained under torture, in response to which the presiding judge summoned two of the investigators in question, and asked them whether they used unlawful methods of investigation, and dismissed them after receiving a negative reply.
《刑事诉讼法》修正案已列入第十届全国人民代表大会常务委员会的立法方案,以防止刑讯逼供;加强保护诉讼当事人合法权益的安排;确保更好地体现宽严并举的司法政策;确保公正审判,提高法律诉讼的标准,加强对少年犯罪嫌疑人和被告人权利的保护。
Amendments to the Code of Criminal Procedure have been included in the legislative programme of the tenth session of the Standing Committee of the National People's Congress, in order to prevent the extortion of confessions by torture; to strengthen arrangements to protect the legal rights of litigants; to ensure better reflection of the policy of tempering severity in justice with leniency; to ensure fair trials and to raise the standard of legal proceedings and to strengthen protection of the rights of juvenile criminal suspects and defendants.
在答复中,政府明确否认,龚牧师曾遭受过刑讯逼供和虐待,并补充说,在一审、二审诉讼期间,龚圣亮牧师及其共同被告人以及辩护律师,从未就调查阶段进行刑讯逼供或虐待提出申诉。
In its response, the Government clearly denies that Pastor Gong has been subjected to torture or ill-treatment, and adds that, on no occasion during the judicial proceedings at both first and second instance, did either Pastor Gong Shengliang and his codefendants, or their defence counsels, lodge any complaint regarding the use of torture or ill-treatment during the investigation stage.
2007年,因刑讯逼供被判有罪的50人,因暴力取证罪被判有罪的27人,因虐待被监管人被判有罪的77人;2008年,因刑讯逼供被判有罪的63人,因暴力取证罪被判有罪的34人,因虐待被监管人被判有罪的97人;2009年,因刑讯逼供被判有罪的60人,因暴力取证罪被判有罪的2人,因虐待被监管人被判有罪的88人;2010年,因刑讯逼供被判有罪的60人,因暴力取证罪被判有罪的2人,因虐待被监管人被判有罪的34人;2011年,因刑讯逼供被判有罪的36人,因暴力取证罪被判有罪的1人,因虐待被监管人被判有罪的26人。
In 2007, 50 people were found guilty of extracting confessions through torture, 27 were found guilty of obtaining evidence through violence, and 77 were found guilty of abusing detainees; in 2008, 63 people were found guilty of extracting confessions through torture, 34 were found guilty of obtaining evidence through violence, and 97 were found guilty of abusing detainees; in 2009, 60 people were found guilty of extracting confessions through torture, 2 were found guilty of obtaining evidence through violence, and 88 were found guilty of abusing detainees; in 2010, 60 people were found guilty of extracting confessions through torture, 2 were found guilty of obtaining evidence through violence, and 34 were found guilty of abusing detainees; in 2011, 36 people were found guilty of extracting confessions through torture, 1 was found guilty of obtaining evidence through violence, and 26 were found guilty of abusing detainees.
"我想让大家知道,警察是怎么在审讯的过程中用刑讯逼供的,"周一,他在电话中说。据称刑讯逼供的做法包括,把液体灌入他的鼻孔,强迫他长时间不睡觉。他说,对他刑讯逼供的警察来自中阳县公安局。周一下午在中阳县公安局接电话的一位女士说,她不了解具体情况,拒绝评论。
"I wanted to let people know how the police would use torture in interrogations," he said by telephone on Monday. The alleged abuses included pouring liquids down his nose and forcing him to go many hours without sleep. He said the officers who tortured him were from the Zhongyang County Public Security Bureau. A woman who answered the phone at the bureau on Monday afternoon said she did not know about the case and declined to comment.
海外人权组织经常有关于中国警察刑讯逼供的报道,国内记者有时会做这方面题材的报道,然而,这些显示一名被错判犯有谋杀罪的男子遭受折磨的漫画,是近几年来出现在中国新闻媒体上,对刑讯逼供最生动的描述。
Overseas human rights groups have often reported on police abuse in China, and the topic is sometimes taken up by reporters in the country, but the drawings depicting the ordeal of a man wrongly convicted of murder are one of the most graphic representations of such torture to appear in the Chinese news media in recent years.
公安部历来十分重视解决刑讯逼供问题,多次召开会议,下发专门文件,强调各级公安机关在侦查办案工作中必须严格依照法定程序全面收集证据,严禁刑讯逼供,并要求对发生民警严重违法违纪案件的(包括刑讯逼供致人死亡的案件),要视情追究直接领导的责任;必要时,追究分管领导和主要领导的责任。
The Ministry of Public Security has continually given full importance to solving the problem of extorting confessions through torture, and has convened conferences on a number of occasions, issuing specific documents on the subject. It has stressed that all public security organs, when investigating cases, must gather comprehensive evidence in strict accordance with legal procedure, and that the use of torture to extort confessions is strictly forbidden.
公安部历来十分重视解决刑讯逼供问题,多次召开会议,下发专门文件,强调各级公安机关在侦查办案工作中必须严格依照法定程序全面收集证据,严禁刑讯逼供,并要求对发生民警严重违法违纪案件的(包括刑讯逼供致人死亡的案件),要视情追究直接领导的责任;必要时,追究分管领导和主要领导的责任。
The Ministry of Public Security has continually given full importance to solving the problem of extorting confessions through torture, and has convened conferences on a number of occasions, issuing specific documents on the subject. It has stressed that all public security organs, when investigating cases, must gather comprehensive evidence in strict accordance with legal procedure, and that the use of torture to extort confessions is strictly forbidden. It has further required that in cases involving serious violation of the law or violation of discipline on the part of the people's police (including cases in which the use of torture to extort a confession has led to death), the responsibility of the immediate supervisor must be ascertained according to the circumstances; where necessary, the responsibility of the supervisor in charge or the main supervisor will be ascertained.
致人重伤或者精神失常的; 五次以上或者对五人以上刑讯逼供的; 造成冤、假、错案的",为"重大案件"; 致人死亡的; 七次以上或者对七人以上刑讯逼供的; 致使无辜的人被判处十年以上有期徒刑、无期徒刑、死刑的",为"特大案件。
result in death; involve the use of torture to extort a confession seven or more times or in relation to seven or more persons; cause an innocent person to be sentenced to ten or more years imprisonment, life imprisonment, or the death penalty.
当时我还意识到不仅仅在柬埔寨而且在113个存在刑讯逼供的发展中国家里已经有93个国家通过了法律宣布其公民有权聘请律师而且有权不受逼供。
What I also realized at that point was that it was not only Cambodia, but of the 113 developing countries that torture, 93 of these countries have all passed laws that say you have a right to a lawyer and you have a right not to be tortured.
由于刑讯逼供的手段较为隐蔽,事后很难取证,控方提供的多份体检笔录,被告人的身体状况都是一致的,即入所和出所身体状况一致。
This means that once a court has directed the medical examination of a particular person, it is within the powers of the investigators and the examiners to resort to a reasonable degree of physical force for conducting the same.
两项司法解释对刑法所规定的刑讯逼供、暴力取证、虐待被监管人等酷刑犯罪的立案标准以及重、特大案件的认定标准作出了明确规定,为查办酷刑案件提供了法律依据。
These two judicial interpretations explained the criteria for filing cases relating to crimes involving extortion of confessions by torture, use of violence to extort testimony, and mistreating of the person under supervision, as laid down in the regulations, as well as the criteria for defining serious and especially serious cases, thus providing a legal basis for the investigation and handling of torture cases.
依法完善在审查逮捕、审查起诉中排除非法证据的规则。 最高人民检察院制定审查逮捕、审查起诉中排除非法证据的规则和关于完善查处刑讯逼供等涉嫌犯罪行为工作机制的规定。
The document explicitly proposed: perfecting the mechanisms for supervision, investigation and handling of such illegal practices as extorting confessions through torture in the course of investigative activities; and perfecting, in accordance with the law, the rules on exclusion of illegal evidence in the scrutinizing of arrests and prosecutions.
检察机关监督看守所对犯罪嫌疑人、被告人入所健康体检活动和临时出所管理活动,防止和纠正侦查人员将犯罪嫌疑人提出看守所外进行非法讯问或刑讯逼供。
Procuratorial organs supervise activities in detention houses such as health examinations upon entrance and temporary removal of detainees, with a view to preventing and rectifying illegal interrogation and forced confessions outside detention houses.
根据《行政监察法》和《人民警察法》的规定,公安机关纪委、监察部门可以依法调查民警刑讯逼供、滥用强制措施等侵犯涉案人员人身权利的违法违纪案件。
Under the provisions of the Administrative Supervision Law of the People's Republic of China and the People's Police Law, the discipline inspection commissions and supervision departments of the public security organs may, in accordance with the law, investigate such infringements of the personal rights of persons involved in crime cases as the extraction of confessions by torture, abuse of compulsory measures, and other violations of regulations and discipline by the people's police.
根据中国的宪法和法律,中国检察机关反渎职侵权部门负责查处国家机关工作人员的渎职犯罪和利用职权实施刑讯逼供或暴力取证等侵犯公民权利的犯罪。
Under China's Constitution and laws, the anti-malfeasance departments of China's procuratorial authorities are responsible for investigating and dealing with crimes of infringement of citizens' rights, such as the use of torture to extract confessions or of violence to collect evidence, by personnel of State organs acting in dereliction of their official duty or in abuse of their authority.
周四,杨忠和他的父亲以及一位律师控告张家川警方对他进行刑讯逼供,索要赔偿金人民币7元 - 每拘禁一天赔偿一元。并要求赔礼道歉。
On Thursday, Mr. Yang, his father and a lawyer sued the Zhangjiachuan police for torture and demanded compensation of 7 renminbi, about $1.15 - one renminbi for each day of his sentence. And an apology.
"我们一点也不知道双规是这样的,"周惠萍说,她的弟弟是曾任大学校长的周文斌,周文斌说自己在接受党内调查期间曾遭受刑讯逼供,之后被错判犯有腐败罪。
"We never knew before that shuanggui was something like this," said Zhou Huiping, whose brother, Zhou Wenbin, a former university president, says he was wrongly convicted of corruption after confessing under torture by party investigators.
情报委员会在去年十二月发布报告,严厉指责中情局自乔治‧W‧布什(George W. Bush)总统任期以来的行为。委员会的指控包括中情局粗暴对待被关押人员、疏于管理其在全球所设的秘密监狱,屡屡就刑讯逼供的情报收集效果对白宫与国会加以误导。
The Intelligence Committee released a scathing report in December condemning the C.I.A. for actions during the George W. Bush administration. Included were what it called the agency's brutal treatment of detainees, a lack of oversight over its secret prisons worldwide, and routine misleading of the White House and Congress about what it had collected through interrogations.
应当立案而不立案或者不应当立案而立案的; 超期羁押的; 违法搜查、扣押、冻结的; 应当给予刑事赔偿而不依法予以确认或者不执行刑事赔偿决定的; 检察人员在办案中有徇私舞弊、贪赃枉法、刑讯逼供、暴力取证等违法违纪情况的。
where a case should have been filed for investigation but was not, or where a case was filed for investigation when it should not have been
根据《伊斯兰刑法》第578和587条,任何司法和非司法官员如若对被告进行迫害或刑讯逼供,将被判处5至6个月的监禁,或被开除公职,或支付血钱。
Pursuant to articles 578 and 587 of the Islamic Penal Code, any of the judicial and non-judicial officials who persecute or physically torture the accused to coerce him or her into confession will be sentenced to five to six months in prison or dismissed from government jobs as well as to Ghesas or paying blood money.
非法证据排除规则名存实亡的现状要求我们必须冷静反思其在我国运行的现实障碍。应将非法证据排除规则划分为若干阶段性任务,首先集中精力排除刑讯逼供。
The present situation of the exclusionary rule of illegal evidence requires us to reflect the practical obstacle in our country, and we should divide the exclusionary rule of illegal evidence into different periods.
我们在这搞搞刑讯逼供然后我们的同事山姆接上他再把他送进蜘蛛洞待几个小时-然后再把他送回酒店 -是吗看来你们的同事没按剧本来
We did the detail work here, and then our partner Sam picked him up, took him to the spider hole for a few hours, - and dropped him back off at the hotel. - Well, then, it seems your colleague took a detour.
但《决定》真正的突破性目标在其他领域。首先,《决定》包含了两项具有改变局面效果的法律改革。一是《决定》强调政府要"尊重和保护人权",禁止执法当局"刑讯逼供,体罚虐待",并废除了饱受批评的"劳动教养"制度。
But the resolution's genuinely groundbreaking objectives lie in other areas. For starters, the resolution includes two potentially game-changing legal reforms.
2000年,全国公安机关配合全国人大常委会开展了贯彻实施《刑事诉讼法》情况大检查活动,有力地促进了各地治理刑讯逼供问题工作的深入开展。
On 12 March 2001, the Ministry of Public Security held a video-conference on rectifying the use of torture to extort confessions, misuse of firearms or police instruments, and misuse of compulsory measures.
被告人违背意愿认罪认罚,或者认罪认罚后又反悔,依法需要转换程序的,应当按照普通程序对案件重新审理。 发现存在刑讯逼供等非法取证行为的,依照法律规定处理。
Where after excluding the factor of the plea, the requirements for indictment are met, then based on the specific circumstances of the case, the original non-prosecution decision shall be revoked and a prosecution initiated in accordance with law.
1996年《刑事诉讼法》施行以来围绕口供证据获取的诸多陋习,包括刑讯逼供泛滥、案卷笔录中心主义的法庭裁判模式等导致了一批冤假错案的集中爆发,也催生了《刑事诉讼法》的再修改。
Since 1996 the"Criminal Procedure Law"was implemented, many bad practices around the oral evidence obtaining led to a number of miscarriages of justice, also ecbolic the modification of Criminal Procedure Law.
香港 - 中国最高法院周四公布文件,要求法官应排除用刑讯逼供得来的招供,而且在事实证据不足时不得判处死刑。专家认为,仅靠最高法院的指示不足以遏制执法滥用,但这反映了一种不断增长的官方认识,即有必要制止太多冤假错案的发生。
HONG KONG - China's highest court issued demands on Thursday that judges bar confessions obtained through torture and avoid applying the death penalty when the evidence is shaky. The directive was unlikely on its own to curb such abuses, but reflected a growing official recognition of the need to stop gross injustices, experts said.
第七十九条 公安机关及其人民警察对治安案件的调查,应当依法进行。严禁刑讯逼供或者采用威胁、引诱、欺骗等非法手段收集证据。 以非法手段收集的证据不得作为处罚的根据。
Article 79 The public security organs and the people's policemen shall investigate into the public security cases in compliance with the law. It is strictly prohibited for anyone to collect evidence by illegal methods, such as making an interrogation by torture or extorting a confession from the interrogated, or threatening, enticing or cheating the proof gathered by illegal means shall not be the basis for punishment.
2002年至2008年,全国法院共判处暴力干涉婚姻自由,非法拘禁,刑讯逼供,暴力取证,虐待被监管人,组织残疾人、儿童乞讨,雇用童工从事危重劳动罪犯72527人。
From 2002 to 2008, courts nationwide convicted a total of 72,527 people for crimes involving violent interference in marital freedom, illegal detention, extortion of confessions through torture, violent extraction of evidence, maltreatment of detainees, organising disabled and child beggars, and employing child labourers to engage in dangerous or heavy labour.
根据《国家赔偿法》,对于因刑讯逼供、使用暴力或者唆使、放纵他人使用暴力、违法使用武器、警械造成公民人身伤害或者死亡的,被害人有权取得国家赔偿。
Under the State Compensation Law, compensation may be claimed if a citizen suffers bodily injury or death as the result of an authority or its functionary, in exercising its administrative functions and powers, resorting to or instigating violence to coerce confession or testimony or unlawfully using weapons or police equipment.
申诉人还说,最终将他定罪的审判缺乏公正性,因为法庭将通过刑讯逼供获取的自证其罪的供述作为证据,判定他犯有恐怖凶杀罪。
The complainant further asserted that the trial leading to his conviction was unfair since his self-incriminating statements, obtained under torture, were used as evidence leading to his conviction for the crime of terrorist murder.
最高人民法院关于全面推进以审判为中心的刑事诉讼制度改革的实施意见 CPL IMPLEMENTATION IN BEIJING 审判为中心的刑事诉讼制度 警情通报:犯罪嫌疑人可能是因刑讯逼供而死
Implementation Opinions of the Supreme People's Court on Comprehensively Advancing the Trial-centered Criminal Procedure System CPL IMPLEMENTATION IN BEIJING Trial-centered Criminal Procedure System Police Blotter: Suspect's death may be due to torture
2014年,上诉法院撤销两案判决带来正面成果,但改判更加凸显既有体制根深柢固的缺陷。 在其中一起标志性案件中,被告念斌因遭刑讯逼供承认杀害两名儿童而被判处死刑,坐牢八年后终获法院无罪开释。
In 2014, the reversal of two verdicts by appeals courts brought positive outcomes, but more than anything the reversals demonstrated the entrenched failings of the existing system. In a landmark case, a court acquitted Nian Bin who spent eight years on death row for the murder of two children based on his confession obtained through torture.
浙江省公安厅颁布了关于刑讯逼供问题的条例,规定如果出现两起以上刑讯逼供案,导致人员受伤,执法不公或治安问题,该地区公安局长将引咎辞职。
The Zhejiang provincial Public Security Department issued regulations on forced confessions stating that local police chiefs will be expected to resign in any district where there are more than two cases of forced confessions resulting in injuries, miscarriages of justice or public order problems.
中国高度重视改进看守所监管水平,严格防范刑讯逼供和超期羁押,改善羁押和监管条件,改善被羁押人的生活条件,保障被羁押人的合法权益。
China attaches great importance to improving the surveillance level of houses of detention, prohibits extorting confessions by torture and overdue custody, improves the conditions for detention and surveillance, improves the living conditions of detainees and protects their lawful rights and interests.
[2] 根据中国政府提交联合国禁止酷刑委员会第五次定期报告,触犯酷刑罪行的官员以"刑讯逼供 "、 "暴力取证"和"虐待被监管人"等罪名论处。
According to the Chinese government in its fifth report to the UN Committee against Torture, officials guilty of the crime of torture are convicted under the crimes of "torture to extract confession," "using violence to obtain evidence," and "abuse of supervisees."
在1999年1月18日关于实施《刑事诉讼法》的规则中,最高人民法院规定:"以刑讯逼供或者威胁、引诱、欺骗等非法的方法收集的犯罪嫌疑人供述、被害人陈述、证人证言,不能作为指控犯罪的根据"。
In the Rules on implementing the CPL, of 18 January 1999, the Supreme People's Court held: "Criminal suspects' confessions, victims' statements, and witness testimonies collected through torture to extract a confession (xingxun bigong), or threats, enticement, cheating and other illegal methods cannot become the basis for a criminal charge (buneng zuowei zhikong fanzui de genzhu)".
此外,委员会关注死刑的适用对象并未限于最严重的犯罪,在违反《公约》第六条规定的情况下判处,而且据称存在仅依据刑讯逼供所得供词就判处死刑,以及审判时未能尊重《公约》第十四条规定的所有保障条件就判定执行死刑的情况(第六和第十四条)。
The Committee is, in addition, concerned by the fact that the death penalty is not restricted to the most serious crimes and is imposed in contravention of the provisions of article 6 of the Covenant and by allegations that the death penalty has been imposed following convictions based on confessions obtained under torture or as a result of trials that did not respect all the guarantees provided for in article 14 of the Covenant (arts. 6 and 14).
《公安机关办理刑事案件程序规定》第一百八十一条规定:"讯问的时候,应当认真听取犯罪嫌疑人的供述和辩解;严禁刑讯逼供或者使用威胁、引诱、欺骗以及其他非法的方法获取供述。"《公安机关办理行政案件程序规定》第二十六条规定:"公安机关必须依照法定程序,收集能够证实违法嫌疑人是否违法、违法情节轻重的证据。
Article 181 of the Procedural Provisions for the Handling of Criminal Cases by Public Security Organs stipulates: "During interrogations, the statements and explanations of the suspects should be carefully listened to; the use of torture to extort confessions or the use of threats, enticement, cheating and other illegal means to obtain confessions are strictly prohibited."Article 26 of the Procedural Provisions for the Handling of Administrative Cases by Public Security Organs stipulates: "Public security organs must strictly follow legal procedures in collecting evidence that can prove whether a suspect has violated the law and identify the gravity of the violations.
《关于办理刑事案件排除非法证据若干问题的规定》规定,采用刑讯逼供等非法手段取得的犯罪嫌疑人、被告人供述和采用暴力、威胁等非法手段取得的证人证言、被害人陈述,属于非法言词证据(第1条);经依法确认的非法言词证据,应当予以排除,不能作为定案的根据(第2条)。
The Provisions on Several Issues concerning the Exclusion of Illegal Evidence in Criminal Cases stipulate that the confessions of a criminal suspect or defendant extorted by torture or other illegal means, as well as a witness' testimony and victims' statements extorted by violence, threat or other illegal means, are illegal verbal evidence (art. 1); and that verbal evidence which has been confirmed as illegal shall be excluded in the handling of cases, and may not be used as a basis for determining a case (art. 2).
2010年8月31日,最高人民检察院、公安部发布《关于审查逮捕阶段讯问犯罪嫌疑人的规定》,列举了人民检察院在审查逮捕犯罪嫌疑人时应当讯问的若干情形,其中包括有线索或有证据表明侦查活动存在刑讯逼供、暴力取证等违法犯罪行为的,有利于加强对侦查活动的监督。
On 31 August 2010, the Supreme People's Procuratorate and the Ministry of Public Security jointly issued the Provisions on the Interrogation of Criminal Suspects during the Arrest Review Stage, promoting stronger supervision of criminal investigations by itemizing various situations that the people's procuratorates should examine when reviewing the arrests of criminal suspects, including any clues or evidence indicating that unlawful or criminal acts of torture or violence were used to obtain confessions or evidence during the investigation of the crimes in question.
11月,国际特赦组织(Amnesty International)发布报告称,对中国司法系统弊端提出疑问的律师经常受到威胁、侵扰、审问、羁押、殴打或刑讯逼供。该报告称,审前羁押期间警方进行刑讯的现象十分普遍。报告还指出,在过去两年中,警方越来越多地采用一种拘留方式 - 在指定场所监视居住。陈泰和在8月中旬回到家后,处于监视居住状态。
In November, Amnesty International released a report that said lawyers who raised questions of abuse in China's judicial system were often threatened, harassed, questioned, detained and beaten or tortured themselves. The report said torture by the police in pretrial detention was rampant. It also said that over the past two years, the police had increasingly adopted a form of detention called resident surveillance in a designated location, which is was subjected to in mid-August before being sent back home.
今年年初,感到愤愤不平的当事人家属联名上书请愿,请愿书上有229名被拘留的官员及政府雇员的姓名。虽然请愿书赞扬了习近平打击腐败的运动,但也写道,一些地方调查员和检察官,"借反腐之名,采取刑讯逼供、暴力取证、捏造事实、伪造证据等各种非法取证手段,炮制假案。"
Earlier this year, a petition bearing the names of 229 officials and government employees who had been detained was issued by their aggrieved families. The petition applauded Mr. Xi's crackdown on graft but said some local investigators and prosecutors were, "under the guise of fighting corruption, using torture to extract confessions, violently obtaining evidence, concocting facts, fabricating evidence and using a range of illegal methods to obtain evidence."
酷刑问题特别报告员在2009年的访问结束时建议适当的机关采取以下措施:按照国际标准(至多48小时)限制在警察拘留所拘留的时间;强化法官和律师的独立性;确保在实践中刑讯逼供得到的证据不可在任何诉讼程序中引用;继续对法庭进行监测;继续并加快检察院、警察和教养制度的改革。
At the end of his visit in 2009 the Special Rapporteur on the question of torture recommended that appropriate bodies take the following measures, inter alia: reduce the period of police custody to a time limit in line with international standards (maximum 48 hours); strengthen the independence of judges and lawyers; ensure that in practice, evidence obtained by torture may not be invoked as evidence in any proceedings; continue court monitoring; and continue and accelerate reforms of the prosecutor's office, the police and the penitentiary system.
你要是问的,检察院[把责任]推到公安,公安写个证明[说没有刑讯逼供 ] 。 [241] 数名前在押人员表示,看守所最多只提供基本的医疗照护,两名在押人员亲属则指称看守所长期忽略并剥夺医疗照护造成他们家人死亡(详见前文"在押人员死亡 ") 。
When you ask, the procuratorate pushes [the responsibility] to the police, and the police respond with a statement [asserting there was no torture]. A number of former detainees said medical care provided by the detention centers is rudimentary at best, while two relatives of detainees alleged that their family members died after a combination of prolonged neglect and denial of medical care in detention (see "Deaths in Custody," above).
二十一(21)名华南教会教徒在呈交给工作组的宣誓证词中详细写明,在龚牧师审判之前以及审判期间,湖北警方对他们刑讯逼供,逼迫他们对龚牧师作假证。
Twenty-one (21) members of the South China Church have detailed in sworn statements submitted to the Working Group that Hubei Police tortured them into making false statements about Pastor Gong either before or during Pastor Gong's trials.
此外,对平民适用军事刑事司法时,就是根据为各种侵权行为所损害的诉讼请求进行定罪,其结果,不仅辩护的权利成为一种幻想,所获证据大多也都是刑讯逼供的产物。
Moreover, when the military criminal justice system is applied to civilians, the outcome is convictions obtained on the basis of proceedings vitiated by abuses of all kinds, in which not only does the right to a defence become a chimera but much of the evidence is obtained by means of torture or cruel and inhuman treatment.
自2002年7月以来出现了大量的政治性逮捕事件,即所谓的"无法治"情形:包括任意逮捕,长期的隔离拘留,遭受军事情报人员的审讯,刑讯逼供以及草率审判和监禁等;
Political arrests since July 2002 have followed the pattern of "un-rule of law", including arbitrary arrest, prolonged incommunicado detention and interrogation by military intelligence personnel, extraction of confessions of guilt or of information, very often under duress or torture, followed by summary trials, sentencing and imprisonment
而是针对生活在漏洞百出的法律体系下的人们不幸的是刑讯逼供是成本最低的审讯方法 - 比建立一个完善的法制的成本要低得多也比请律师和寻求前期法律咨询要便宜得多大多数时候都是这样
It is for people who are in broken-down legal systems, and unfortunately because torture is the cheapest form of investigation - it's cheaper than having a legal system, cheaper than having a lawyer and early access to counsel - it is what happens most of the time.
遭受刑讯逼供的不仅仅是是政治犯 - 多数的逼供行为发生在一般案件中,甚至在所谓"执行法治"的国家。社会活动家谢凯伦告诉我们,我们有能力并且应该站出来停止业已程序化的逼供行为。
Political prisoners aren't the only ones being tortured - the vast majority of judicial torture happens in ordinary cases, even in 'functioning' legal systems. Social activist Karen Tseshows how we can, and should, stand up and end the use of routinetorture.
全国公安机关积极部署开展执法规范化建设,通过加强执法培训、完善执法制度、强化执法监督和执法信息化等有效手段,规范公安机关和民警的执法行为,防止刑讯逼供、超期羁押等违法违纪行为的发生。
Public security organs throughout the country are actively deploying and launching law enforcement standardization development, regulating the law enforcement behaviour of public security and people's police personnel and preventing the occurrence of such unlawful acts as extracting confessions by torture and detention beyond the legally prescribed time limits by means of such effective methods as strengthened law enforcement training, improved law enforcement systems, strengthening law enforcement supervision, and the application of computer technology to law enforcement.
根据宪法和法律,中国检察机关担负着查处国家机关工作人员的渎职犯罪和利用职权实施的刑讯逼供或者暴力取证(刑法第二百四十七条)、虐待被监管人员(刑法二百四十八条)等侵犯公民人身权利、民主权利的犯罪的职责。
According to the Constitution and relevant laws, the procuratorial bodies have the responsibility to investigate and deal with staff of state organs who commit dereliction of duty, or abuse their power to extort a confession from criminal suspects or defendants by torture, or who use force to extract testimony from witnesses and physically abuse inmates under their supervision, for violations of citizens' rights of person and democratic rights.
《重特大案件标准》关于刑讯逼供、暴力取证、虐待被监管人员等国家机关工作人员侵犯公民人身权利和民主权利的案件的规定,是查办酷刑案件的法律依据之一(参见第14段、第57段)。
The Criteria for Serious and Especially Serious Cases contain stipulations on cases of violations of citizens' rights of person and democratic rights by personnel of state organs, including cases of the use of torture to extort confessions, the use of violence to extort testimony from witnesses and the maltreatment of inmates.
2002年2月26日,公安部决定在全国公安机关开展队伍突出问题专项整治工作,要求坚持依法从严治警的指导原则,重点解决包括刑讯逼供等问题,坚决查处警察违法违纪案件,严肃追究领导责任。
On 26 February 2002, the Ministry of Public Security decided to initiate a rectification drive to rectify the salient problems among the police ranks of public security organs nationwide, requiring that the guiding principle of strict correction of the police in accordance with the law be adhered to, and that emphasis be placed on solving such problems as the extortion of confessions by torture; they required further the resolute investigation and handling of cases of police violation of discipline or the law, and the serious investigation of the responsibility of supervisors.
根据《人民检察院组织法》,中国检察机关内设的反渎职侵权部门担负着查处国家机关工作人员的渎职犯罪和利用职权实施的刑讯逼供或暴力取证等侵犯公民人身权利、民主权利的犯罪的职责。
Under the Organic Law of the People's Procuratorates of the People's Republic of China, the internal anti-malfeasance and rights infringement departments of Chinese procuratorial organs are responsible for investigating and handling crimes of abuse of official privilege by personnel of State organs and the use of official authority to extract confessions through torture or obtain evidence through violence and other crimes of infringement of the personal and democratic rights of citizens.
继两高三部颁布《关于办理刑事案件排除非法证据若干问题的规定》后,新修正的刑事诉讼法也规定了非法证据排除规则,无疑对限制刑讯逼供的严重状况,将起到积极长远的作用。
After the implement of provisions for some issues on exclusion of illegal evidences in handling criminal cases by two-Supremes and three-departments, the new amendment of criminal law also regulated the illegal evidence exclusive rule, which will undoubtedly play an active and long-term role in controlling the serious condition of extortion of confessions by torture.
这些批评者说,他应当为他掌权期间发生在重庆的滥用权力和刑讯逼供罪行受到追责。然而,共产党领导人已经表明,他们对提出带有政治意味的指控没有兴趣。与此相反,他们把焦点集中在了薄熙来个人的违法行为上。
Those critics said Mr. Bo should have been called to account for the abuses and torture perpetrated under him in Chongqing. But party leaders have shown no appetite for taking up those politically charged issues, and instead focused on Mr. Bo's personal misdeeds.
获释后,陈建忠一直要求警方道歉,并调查对他刑讯逼供的那些人。他知道自己的要求能得到满足的机会很小。"我就是一个卖菜的,"陈建忠说。"我能怎么办?"
Since his release, Mr. Chen has been seeking an apology from the police and an investigation into the men who tortured him. He knows he stands little chance of satisfaction. "I'm just a vegetable seller," he said. "What can I do?"
由于公、检、法机关几乎不会承认刑讯逼供存在,受害人要求偿是非常困难的。 律师沈明德告诉人权观察 : "[问题是]前提是确定[警察]有刑讯逼供,然后才会有补偿 。" [381] 如前所述,在押人员要获取和保存虐待的证据十分困难;法官和检察官有能力查明真相,但他们很少进行调查。
Because the court, procuratorate, and police rarely acknowledge that torture has taken place, it is difficult for victims to claim compensation. Lawyer Shen Mingde told Human Rights Watch: "The problem is there has to be first an [official] acknowledgement of coerced confession before there can be compensation." As noted above, detainees face extreme obstacles to obtaining and retaining evidence of abuse; judges and procurators, who have the capacity to seek out the truth, rarely do so.
龚及其他被告人声称,他们在审前调查阶段受到刑讯逼供,认罪以及对其不利的证据皆通过胁迫手段取得,都是不实的,并且法庭未能保障执行法定诉讼程序,对于上述指控,政府声称,一审和二审诉讼期间,龚及其共同被告人以及辩护律师,从未就调查阶段采取刑讯逼供提出申诉。
Concerning the allegation that Gong and the other defendants, during the pretrial investigation stage, were tortured, and that their confessions and the evidence against them were obtained by coercion and were false and that the courts failed to ensure due process, the Government stated that on no occasion during the proceedings at both first and second instance did either Gong and his co-defendants, or their defence counsel, lodge any complaint regarding the use of torture during the investigation stage.
修订后的程序规定在公安刑事执法的基本任务中写入"尊重和保障人权",并将"不得强迫任何人证实自己有罪"和"严禁刑讯逼供"写入总则;进一步严格对证据的收集、审查和排除非法证据等程序,明确规定采用刑讯逼供等非法方法收集的犯罪嫌疑人供述和采用暴力、威胁等非法方法收集的证人证言、被害人陈述,应当予以排除;进一步加强对侦查权的监督,规定对讯问过程录音或者录像,并且要不间断进行,保持完整性,防止非法取证。
In this revision of the procedural regulations, the concept of "respecting and protecting human rights" has been written into the basic mission of the public security authorities in the area of criminal law enforcement, and "no one may be forced to incriminate him/herself" and "the use of torture to coerce confessions is strictly prohibited" have been written into the general principles; the procedures for the collection and review of evidence and the exclusion of illegal evidence have been made more rigorous, with clear stipulations that statements coerced from criminal suspects by torture or other unlawful means, as well as statements from victims or witnesses obtained by violence, threats or other unlawful means, are to be excluded; and the oversight of investigative powers has been further strengthened, with stipulations that audio or visual recordings be made of the interrogation process, and moreover that such recordings must be uninterrupted, in order to maintain their integrity and prevent the unlawful collection of evidence.
对刑讯逼供等违法违规行为的监督和检查力度加强。2012-2015年,检察机关对滥用强制措施、非法取证、刑讯逼供等侦查活动违法情形,提出纠正意见共869775次。2015年共处理检察人员违法违纪208件243人。2012年以来,检察机关继续大力查处国家机关工作人员利用职权实施的侵犯公民人身权利的犯罪案件。
The supervision and examination against extortion of confession by torture and other illegal acts have been strengthened. Between 2012 and 2015, procuratorial organs made 869,775 remedial proposals on illegal acts during criminal investigations including abusing compulsory measures, collecting evidence through illegal means and extorting confessions by torture. In 2015, China handled 208 cases against 243 procurators for their violation of laws and disciplines. Since 2012, the country's procuratorial organs have continued to take stern actions to investigate and deal with cases concerning staffers of state functionaries who violated citizens' personal rights by taking advantage of their functions and powers.
8 此外,最高人民检察院直接受理立案侦查所有酷刑案件,将《刑法》第二百四十七条的适用进一步限于:手段残忍、影响恶劣;致人自杀或者精神失常;造成冤、假、错案;3次以上或者对3人以上进行刑讯逼供;授意、指使、强迫他人刑讯逼供。
In addition, the Supreme People's Procuratorate (SPP), which directly handles all investigations of torture, further restricted the application of article 247 of the CL to: cruel methods or evil impact; resulting in suicide or mental disorder; causing unjust, false or erroneous cases; coercing confessions/extorting testimony by violence more than three times or against more than three people; or instigating, instructing or forcing others to coerce confessions/extract testimony by violence.
中国司法机关依法采取有效措施,遏制和防范刑讯逼供,保障犯罪嫌疑人、被告人的辩护权,保障律师执业权利,限制适用羁押措施,维护被羁押人的合法权益,加强未成年犯罪嫌疑人、被告人的权益保障,严格控制和慎用死刑,健全服刑人员社区矫正和刑满释放人员帮扶制度,完善国家赔偿制度,建立刑事被害人救助等制度,努力把司法领域的人权保障落到实处。 (一)防范和遏制刑讯逼供
China's judicial organs are taking effective measures in accordance with the law to deter and prohibit extorting confessions by torture, protect the rights to defense of criminal suspects and defendants, protect attorneys' rights to exercising their duties, limit the applicable measures of detention to protect the lawful rights of detainees, strengthen the protection of the legal rights and interests of detainees, strengthen the protection of juvenile suspects and defendants, strictly control and prudently apply the death penalty, improve the systems of community rehabilitation for inmates and assistance for persons released after serving their terms, and improve the state compensation system and establish systems including the criminal victim relief system, in an attempt to materialize efforts in human rights protection in the sphere of criminal justice.
《治安管理处罚法》第116条规定,人民警察在办理治安案件时,有下列行为的依法给予行政处分,构成犯罪的依法追究刑事责任:刑讯逼供、体罚、虐待、侮辱他人的;超过询问查证的时间限制人身自由的。
Article 116 of the Public Security Administration Punishments Law stipulates that the people's police shall receive administrative punishments in accordance with the law for the following acts when handling cases, with criminal liability to be prosecuted in accordance with the law for those constituting crimes: extraction of confessions through torture; corporal punishment, abuse or humiliation of other persons; and exceeding the time limitations for limiting personal freedoms while carrying out interrogations or evidence-gathering.
去年,余文生曾被警方拘留三个月。他称在讯问期间,自己曾被反复刑讯逼供。他没有受到任何罪名的指控,但他表示,警方警告他保持安静,并威胁称任何时候都可以再次扣留他。
Mr. Yu spent three months in police custody last year, and he said he had beenrepeatedly tortured during questioning. He was not charged with any crime, but the police warned him to keep quiet and threatened to detain him again at any time, he said.
报告称,试图挑战这些供词时,许多律师很难说服法官发生了酷刑逼供情况。在报告调查的、犯罪嫌疑人称他们被刑讯逼供的590个2015年的案件中,法官只排除了16个案件逼供得来的证词。
In trying to challenge those confessions, many lawyers were unable to persuade judges that torture had taken place, the report said. In the report's sample of 590 cases in which suspects said they had been tortured in 2015, judges agreed to throw out confessions in only 16 cases.
第三十七条 国家安全机关工作人员滥用职权、玩忽职守、徇私舞弊,构成犯罪的,或者有非法拘禁、刑讯逼供、暴力取证、违反规定泄露国家秘密、商业秘密和个人隐私等行为,构成犯罪的,依法追究刑事责任。
Article 37 Where any employee of a national security authority abuses power, neglects duty, practices favoritism or makes falsifications, which constitutes a crime, or conducts false imprisonment, extorts confessions by torture, collects evidence by violence, or divulges any state secret, trade secret or individual privacy in violation of the relevant provisions, among others, which constitutes a crime, the employee shall be subject to criminal liability in accordance with the law.
第三十二条 国家安全机关工作人员玩忽职守、徇私舞弊,构成犯罪的,分别依照刑法第一百八十七条、第一百八十八条的规定处罚;非法拘禁、刑讯逼供,构成犯罪的,分别依照刑法第一百四十三条、第一百三十六条的规定处罚。
Article 32 Any State security functionary who neglects his duty or engages in malpractices for personal interests, if the offence constitutes a crime, shall be punished in accordance with the provisions of Article 187 or Article 188 of the Criminal Law; Any such person who practises unlawful detention or extorts a confession by torture, if the offence constitutes a crime, shall be punished respectively in accordance with the provisions of Article 143 or Article 136 of the Criminal Law.
2007年最高人民检察院出台新的《人民检察院办理未成年人刑事案件的规定》,规定应当监督是否已对未成年犯罪嫌疑人实施体罚、刑讯逼供等暴力行为,如发现此类行为,应依法处理并追究相关人员责任。
In 2007, the Supreme People's Procuratorate issued its new Regulations on People's Procuratorates Handling Criminal Cases involving Minors. These stipulated that inspections must be made to ascertain whether a juvenile suspect has been subjected to violent behaviour such as corporal punishment and extortion of confessions through torture, and that if such behaviour is found to have occurred, it must be handled in accordance with the law, and responsibility must be investigated and determined.
他们仅被准许一次家人探监机会,且遭到刑讯逼供,这些指控是没有事实根据的;叙利亚《宪法》和法律都不允许进行身体上或精神上的折磨或虐待(叙利亚《宪法》第二十八条)。
The allegations that they were allowed only one family visit in prison and that they were tortured are unfounded; neither the Constitution nor the law, allow physical or mental torture or ill-treatment (Syrian Constitution, art. 28).
为有效预防和处置执法中对被羁押人员的体罚虐待、刑讯逼供以及因民警玩忽职守导致被羁押人员非正常死亡等问题,各级公安机关警务督察部门坚持开展现场督察和明察暗访,不断提高动态监督的时效性。
In order to effectively prevent and handle through the law enforcement process any instances of unnatural deaths of persons in custody resulting from abuse, corporal punishment or the extracting of confessions by torture or from police negligence, the supervisory bodies of the public security organs at all levels have consistently carried out on-site inspections and investigations, both publicly and privately, in order to constantly improve timely and dynamic supervision.
律师陆青华说,他的当事人指控遭到酷刑,但检察官更直言不讳地拒绝调查 : "当事人就是有反映了[刑讯逼供 ] , 但[检察官]说`这个不关我事,我不管 。" [295]
Lawyer Lu Qinghua said the procurator in his client's case was more explicit in refusing to look into the torture allegation: "My client told [the procurator] about being tortured to confess, but [the procurator] said, 'This isn't my problem.'"
公安部督察委员会收到陈妻举报后,发出一份公安机关内部通告,虽然承认本案处理过程存在"问题 ", 包括将嫌疑人羁押在非法定场所138天、使用审讯椅约束他20天等等,但认为"不存在刑讯逼供问题 "。
The Ministry of Public Security's Police Supervision Committee, after receiving Chen's wife's complaint, issued an internal police circular acknowledging that while there were "problems" in the way this case was handled, including detaining the suspect in an illegal location for 138 days and tying him to an interrogation chair for 20 days, it found "no torture to extract confession."
司法部《司法行政机关行政赔偿刑事赔偿办法》第五条同时规定:监狱部门及其工作人员在行使职权时,有下列侵犯人身权情形之一的,应当予以刑事赔偿:刑讯逼供或者体罚、虐待服刑人员,造成身体伤害或者死亡的;殴打或者唆使、纵容他人殴打服刑人员,造成严重后果的;侮辱服刑人员造成严重后果的;对服刑期满的服刑人员无正当理由不予释放的;违法使用武器、警械、械具造成公民身体伤害、死亡的;其他违法行为造成服刑人员身体伤害或者死亡的。
Article 5 of the Measures on Administrative Compensation and Criminal Compensation by Judicial and Administrative Bodies provides that criminal compensation will be made in the following cases of violations of citizens' rights of person by prison institutions and their staff when carrying out their duties and using their power: the use of torture to extort confessions or corporal punishment, maltreatment of inmates, causing bodily harm or death; beating or instigating and condoning others to beat inmates, causing serious consequences; humiliation of inmates, causing serious consequences; unjustified refusal to release inmates who have served the full term of their sentence; illegal use of weapons, police instruments and devices, causing bodily harm or death of citizens; other illegal acts, causing bodily harm or death of inmates.
委员会还表示关切的是,有报告称,一些儿童受到以下待遇:常常被审前拘留和单独关押在未成年人监狱的囚室中,作为管教措施;因较轻的罪行被长期剥夺自由;被剥夺接触律师等基本的合法权利;常常受到警方调查人员的刑讯逼供,在有些情况下导致自杀企图或实际自杀(第11条、第12条和第16条)。
It is further concerned about reports that children are frequently placed in pretrial detention and isolation cells in the Juvenile Colony as a disciplinary measure; subjected to extended deprivation of liberty for minor offences; denied their basic legal rights, including access to lawyers; and often mistreated by police inquiry officers to confess, and, as a result, in some cases leading to attempted or actual suicides (arts. 11, 12 and 16).
642008年,禁止酷刑委员会建议哈萨克斯坦,除其他外,应作为优先事项努力改革检察制度,以削减检察官在整个司法程序中的主导作用并确保在尊重检察官的作用、辩护律师的作用和法官的作用之间做到更为公正的平衡;65 立即采取步骤确保在实际上刑讯逼供的证据不可在任何诉讼中引为证据;66并且在实际上向酷刑的受害者提供赔偿、补救措施和康复措施。
In 2008, CAT recommended that Kazakhstan should, inter alia, as a matter of priority, pursue its efforts to reform the Procuracy, so as to reduce the procurator's dominating role throughout the judicial process and secure a fairer balance between the respective roles of the prosecutor, the defence counsel and the judge; take immediate steps to ensure that in practice evidence obtained by torture may not be invoked as evidence in any proceedings; and provide compensation, redress and rehabilitation to victims of torture, in practice.
缔约国应当履行《公约》第7条规定的义务,采取坚决措施取缔酷刑,颁布立法,规定施加酷刑为刑事罪行,并规定以刑讯逼供方式取得的任何供词或供诉不得作为证据;应当建立适当机制,对拘留所和监狱的状况作独立监控,必须对所有关于酷刑和虐待的报告进行调查,犯有酷刑和虐待行为者应当受到起诉,酷刑行为受害者必须得到赔偿。
In fulfilment of its obligations under article 7 of the Covenant, the State party should adopt firm measures to eradicate the practice of torture and enact legislation to make torture a criminal offence and to exclude the admissibility in evidence of any confession or statement obtained by torture or duress; appropriate mechanisms should be established for independent monitoring of police detention centres and penitentiaries; all reports of torture and ill-treatment must be investigated, the persons responsible should be prosecuted, and victims of torture must be granted compensation.
通过这次创建活动,严格规范执法和服务程序,坚决废除现行监管制度中的一些有悖人权保障的做法,建立健全在押人员合法权益保障的工作机制;坚决杜绝在看守所发生刑讯逼供行为;严格依照规定使用械具,坚决杜绝打骂、体罚、虐待在押人员行为。
They required that custody-houses in all areas transmit law-enforcement concepts and firmly establish an awareness of the protection of detainees' legitimate rights and interests in accordance with the law, in order to more consciously respect and guarantee such rights as the personal dignity and health of detainees, their basic living standards, healthcare, the right to meet and to correspond, to make criticisms and recommendations to state organs and their staff, and to report to or accuse or appeal against such organs.
最高人民检察院分别于1999年8月6日和2001年7月20日通过的《立案标准》及《重特大案件标准》(请参见第14段),对刑法所规定的刑讯逼供、暴力取证、虐待被监管人等酷刑犯罪的立案标准以及重、特大案件的认定标准作出了具体、明确规定。
On 6 August 1999 and 20 July 2001, the Supreme People's Procuratorate respectively passed the Criteria on the Filing of Cases and the Criteria on Serious and Especially Serious Cases (see Paragraph 14). These made concrete and clear stipulations regarding the criteria for filing cases and criteria for the defining of serious and especially serious cases involving crimes of torture such as the use of torture to extort confessions, the use of violence to extort testimony, and maltreatment of the person under supervision, as provided for in the Penal Code.
公安部修订《公安机关执法质量考核评议规定》和《公安机关人民警察执法过错责任追究规定》,建立完善科学合理的执法质量考评机制,健全执法过错纠正和责任追究制度,对实施刑讯逼供、违法使用警械武器等行为的人员严格追究执法责任。
The Ministry of Public Security amended the Regulations on the Appraisal of Law Enforcement by Public Security Organs, and the Regulations on Law Enforcement Accountability of People's Police of Public Security Organs, establishing a complete and effective appraisal system for monitoring the quality of law enforcement and for improving accountability in the investigation of misconduct during law enforcement. Forced confessions and illegal employment of police instruments or weapons are subject to strict investigation for their responsibility.
自1999年中国提交第三次报告以来,中国检察机关依法迅速、公正地查处了大量由国家机关工作人员利用职权侵犯公民人身权利和民主权利,如刑讯逼供、暴力取证、虐待被监管人等犯罪案件,总的案件数量呈下降趋势,有关数据如下:
Since 1999, when China submitted the third report, the procuratorates have investigated and handled large amounts of criminal cases of personnel of state organs abusing their power and violating citizens' rights of person and democratic rights, including the use of torture to extort confessions, the use of violence to extort testimony from a witness and maltreatment of inmates.
检察官本该做自己的调查,但他们经常与党内调查人员密切配合,甚至参与他们的审讯,报告说。而在中共严格控制之下的中国法官,似乎常常无权拒绝接受在双规拘留期间获得的最初供词,即使似乎有充分证据支持被告被刑讯逼供的说法。
Prosecutors are supposed to conduct their own investigations, but they often work hand in glove with party investigators, even participating in their interrogations, the report said. And China's judges, under firm party control, often appear powerless to reject confessions that were initially given in shuanggui detention, even when claims of torture appear to be well founded.
提交人称,所述事实表明,鉴于刑讯逼供,法庭不公正且无视证人的某些证词,同时他儿子经不符公正标准的审判后被判处死刑,他儿子分别依第七条、第十四条第1款及第六条第1、2款享有的权利受到了侵犯。
The author contends that the facts as presented, reveal a violation of his son's rights under article 7, as he was tortured in order to confess guilt; article 14, paragraph 1, as the court was partial and ignored certain witnesses' testimonies; and article 6, paragraphs 1 and 2, given that a death sentence was imposed on his son following a trial that did not meet the basic criteria of fairness.
修改后的《刑事诉讼法》明确规定不得强迫任何人证实自己有罪,保障犯罪嫌疑人、被告人供述的自愿性;完善了非法证据排除制度,规定采取刑讯逼供等非法方法收集的供述和采用暴力、威胁等非法方法收集的证人证言等应予以排除。
The Criminal Procedure Law has been amended to explicitly prohibit the coerced self-incrimination of any person, and to safeguard the voluntary nature of statements made by criminal suspects and accused persons; it also strengthens the rules for excluding illegal evidence, stipulating that statements obtained using unlawful methods such as coercion, as well as witness testimony obtained by unlawful methods such as violence or threats, shall be excluded.
其次,中国的法律已明确地禁止了刑讯逼供的做法,认为"中国的刑事诉讼法依然没有依照《公约》第15条的规定,明确禁止这种做法"是对中国的法律体系的误解造成的。
The observations allege that "Chinese criminal procedure law still does not contain an explicit prohibition of such practice, as required by article 15 of the Convention", which testifies to a misunderstanding of China's legal system.
每天他还告诉圣贤故事和儿童的所有事情发生在 1 个不同的世界,即: 保护被刑讯逼供是恶人国人众 100 年的费用。 他还详细的路由了诸如罪人施加酷刑者提起天使符合走向地狱特性,如燃烧地狱罪人等。
Hour a day it also told children of story about wise men and about everything that is created in other world, namely: as sinners after death suffer hundred years in a row. Still he told in detail a route of the dead, for example, as the sinner meets angels torturers on the way to hell, about properties of hell as a plait of sinners, etc.
第四十三条 审判人员、检察人员、侦查人员必须依照法定程序,收集能够证实犯罪嫌疑人、被告人有罪或者无罪、犯罪情节轻重的各种证据。严禁刑讯逼供和以威胁、引诱、欺骗以及其他非法的方法收集证据。必须保证一切与案件有关或者了解案情的公民,有客观地充分地提供证据的条件,除特殊情况外,并且可以吸收他们协助调查。
Conditions must be guaranteed for all citizens who are involved in a case or who have information about the circumstances of a case to objectively and fully furnish evidence and, except in special circumstances, they may be brought in to help the investigation.
通过这次创建活动,严格规范执法和服务程序,坚决废除现行监管制度中的一些有悖人权保障的做法,建立健全在押人员合法权益保障的工作机制;坚决杜绝在看守所发生刑讯逼供行为;严格依照规定使用械具,坚决杜绝打骂、体罚、虐待在押人员行为。
Through this activity, they should rigorously standardize the procedures of law-enforcement and service, resolutely eliminate practices within the supervision system that run counter to the guaranteeing of human rights, establish and perfect a mechanism for the guaranteeing of detainees' legitimate rights and interests, resolutely eradicate the practice of extorting confessions through torture in custody-houses, use police instruments in strict accordance with the law, and determinedly root out the practice of using beating, corporal punishment or cruel treatment upon detainees.
大赦国际指出,在指称的2006年政变之后,在高等法院和军事法庭进行的2006-2007年"叛国罪审讯"期间,它记录了破坏公正审理标准的情况,包括违反无罪推定原则,侵犯在公正法庭上的陈诉权,侵犯在审前拘押和审讯期间的权利,以及刑讯逼供。
AI indicated that during the 2006-2007 "treason trial" in the High Court and the Military Court following the alleged 2006 coup, it documented violations of fair trial standards, including infringement on the presumption of innocence and the right to be heard by an impartial tribunal, violation of rights in pre-trial custody and during interrogation, and the use of torture to coerce confessions.
2004年最高人民法院、最高人民检察院、公安部《关于严格依法履行职责,切实保障刑事案件办案质量的通知》也明确要求,以刑讯逼供或者威胁、引诱、欺骗等非法的方法收集的犯罪嫌疑人供述、被告人供述、证人证言、被害人陈述,绝不能作为定案的根据。
The Notice On Performing Duties Strictly According to Law and Effectively Ensuring Quality of Handling Criminal Cases issued in 2004 by the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security also make it clear that no verdict shall be based on confessions of criminal suspects, statements of victims and witness testimonies obtained by torture or threat, enticement, deceit and other illegal methods.
中国政府在2011年提交联合国禁止酷刑委员会的报告中说,以"刑讯逼供 "[ 372 ] 、 "暴力取证"[ 373] 和"虐待被监管人员"等罪名定罪的共计63人,不过没有说明其中有多少人是警察。 [374]
They all have been promoted. In a 2011 report to the UN Committee against Torture, the Chinese government said a total of 63 individuals were convicted for "torture to extract confession," "using violence to obtain evidence," and "abuse of supervisees," though it is unclear how many of them were police officers.
根据该规定第3条,对于司法工作人员在诉讼活动中对犯罪嫌疑人、被告人实行刑讯逼供或者使用暴力逼取证人证言,或者以暴力、威胁等方法阻止证人作证或者指使他人作伪证的,对被监管人员进行殴打或者体罚虐待或者指使被监管人殴打、体罚虐待其他被监管人的,人民检察院应当调查核实。
Under article 3 of the Provisions, the people's procuratorates shall investigate and verify whether judicial functionaries, in the course of litigation activities, extracted confessions from criminal suspects or defendants through torture or obtained witness testimony through the use of violence, or resorted to violence or threats to prevent witnesses from testifying, or directed other persons to give false testimony, or beat, corporally punished or abused prisoner detainees or directed prisoner detainees to beat, corporally punish or abuse other prisoner detainees.
来文方称,中国政府在陈克贵案中,违反了国内和国际法规定的一些程序性要求,包括对他刑讯逼供、非法搜查和逮捕、没有将对他的拘留立即通知家人、限制他在拘留和审判期间与自己选择的法律顾问接触、限制他在审判期间询问证人的权利,并剥夺他接受公正、公开审判的权利。
The source argues that the Chinese Government has violated a number of procedural requirements under domestic and international law in the case of Chen Kegui, including having tortured him, conducted an illegal search and arrest, failed to promptly notify his family of his detention, restricted his access to legal counsel of his own choosing during his detention and trial, restricted his right to examine witnesses during his trial, and denied him a fair and public trial.
这份拖延已久的报告历时五年制作,它以600多万份内部文件为基础,对CIA在2001年9月11日恐怖袭击后数年中采取的活动提起了全面控诉,并对CIA人员及其承包商在全球各地秘密监狱中开展的行动进行了介绍。它还描述了CIA监禁并刑讯逼供恐怖嫌疑人的残酷手段,令人毛骨悚然。
The long-delayed report, which took five years to produce and is based on more than six million internal agency documents, is a sweeping indictment of the C.I.A.'s operation and oversight of a program carried out by agency officials and contractors in secret prisons around the world in the years after the Sept. 11, 2001, also provides a macabre accounting of some of the grisliest techniques that the C.I.A. used to torture and imprison terrorism suspects.
今年8月,奥巴马对参议院的这份报告进行了诸多讨论,声称任何"看法公正的"人都会认为,CIA对在押人员采用的部分手法等同于刑讯逼供。他表示,报告提醒人们,"在某种程度上,我们国家的本质并非体现在一帆风顺的时候的作为,而是体现在时世艰难的时候的作为。"
Mr. Obama spoke expansively about the Senate report in August, saying that any "fair minded" person would believe that some of the methods that the C.I.A. used against prisoners amounted to torture. He said he hoped that the report reminded people that the "character of our country has to be measured in part not by what we do when things are easy but what we do when things are hard."
为预防及打击对未成年犯罪嫌疑人及罪犯实施酷刑,最高人民检察院于2002年3月发布《最高人民检察院办理未成年人刑事案件的规定》,要求人民检察院发现执行机关对未成年犯罪嫌疑人采取体罚虐待、侮辱人格、刑讯逼供、强迫劳动、违法使用戒具、禁闭不当等暴力行为时,应依法及时纠正,构成犯罪的追究刑事责任。
In order to prevent and combat the use of torture against juvenile suspects and offenders, in March 2002 the Supreme People's Procuratorate issued its Regulations of the Supreme People's Procuratorate on the Handling of Criminal Cases involving Minors. These required that when people's procuratorates discover that a law enforcement body has used violence upon a juvenile suspect or offender, such as corporal punishment and abuse, degrading treatment, extortion of confessions through torture, forced labour, illegal use of weapons, or inappropriate confinement, they must redress them in accordance with the law; where such actions constitute a crime, criminal responsibility must be investigated and determined.
人民检察院加强对关押未成年犯场所的安全防范、卫生防疫、生活环境等狱务的监督,确保监管改造秩序和教学、劳动、生活秩序,若发现执行机关对未成年犯体罚虐待、侮辱人格、刑讯逼供、违规强迫劳动、违法使用械具、禁闭不当、刑期届满未按时释放等问题,人民检察院应当依法及时纠正;构成犯罪的,依法追究刑事责任。
People's procuratorates reinforce supervision of the security, health and hygiene conditions and living environment in facilities where minors are detained and ensure that the facility supervisors maintain order in matters of schooling, work and daily life. If it is found that the law-enforcement authorities are the source of any problems for a juvenile offender - ill-treatment, humiliation, forced confession, forced labour in breach of regulations, illegal use of weapons, inappropriate confinement or failure to release upon completion of sentence - the people's procuratorate must by law immediately redress them; if the actions in question are found to constitute a crime, they must be investigated and responsibility attributed, in accordance with the law.
工作组收到了几项涉及最高国家安全法院诉讼程序的指控:预审阶段,被告人不出庭,在此期间,公诉人提交证据;认罪书可作为证据被接受,即便被告人声称认罪书是通过刑讯逼供获得的;法庭对刑讯逼供的指控未展开调查;审判一般不对公众以及被告人亲属开放;被告人与律师会面受到限制;法官在判决时享有宽泛的自由裁量权;宣判有罪的犯人不得就其判决提起上诉。
The Working Group has received several allegations concerning proceedings before the SSSC: Defendants are not present during the preliminary phase of the trial, during which the prosecutor presents evidence; confessions are admissible as evidence even when they are alleged to have been extracted under torture; allegations of torture are not investigated by the court; trials usually remained closed to the public as well as to the defendants' relatives; defendants have restricted access to lawyers; judges have wide discretion in sentencing and convicted prisoners cannot appeal their sentences.
2012年12月19日,公安部发布修订后的《公安机关办理行政案件程序规定》,严格规范了公安行政强制措施的使用,防止行政强制权的不当使用损害公民合法权益,同时规定了与刑事案件同样严格的非法证据排除标准,规定采用刑讯逼供等非法方法收集的违法嫌疑人的陈述以及采用暴力、威胁等方法收集的被侵害人陈述、其他证人证言,不能作为定案的根据。
The Ministry of Public Security also issued a revised version of the Provisions on Procedures for Handling Administrative Cases by Public Security Organs on 19 December 2012, setting rigorous rules for the use of coercive administrative measures by public security authorities, and preventing the damaging of citizens' lawful rights and interests through the improper use of the power of administrative coercion; it also provides standards for the exclusion of illegal evidence that are comparable in rigour to those applied to criminal cases, stipulating that cases may not be disposed on the basis of statements obtained from suspected offenders through torture or other unlawful means, or of testimony obtained from victims or other witnesses through violence, threats or other unlawful means.
颁布《刑法》第347-1和107条,解决了酷刑和残忍待遇定义中的一些要素问题,将其定为一项专门的刑事犯罪; 修订《刑法》第116条,规定用刑讯逼供手段获得的供述不得接受为证据; 2003年做出立法修正,将贩运人口定为《刑法》之下的一项犯罪,并强化了对贩运者调查、起诉和定罪的权力。
Enactment of articles 347-1 and 107 in the Criminal Code, addressing some of the elements in the definition of torture and cruel treatment and making it a specific criminal offence
需要给予更多注意的方面包括食品质量、普通囚犯据报告遭到殴打、获得合格的治疗特别是在紧急情况下获得治疗等方面; 自2002年7月以来出现了大量的政治性逮捕事件,即所谓的" 无法治" 情形:包括任意逮捕,长期的隔离拘留,遭受军事情报人员的审讯,刑讯逼供以及草率审判和监禁等; 信教自由一般能够得到尊重,但各地存在着差异。
Political arrests since July 2002 have followed the pattern of "un-rule of law", including arbitrary arrest, prolonged incommunicado detention and interrogation by military intelligence personnel, extraction of confessions of guilt or of information, very often under duress or torture, followed by summary trials, sentencing and imprisonment
最高人民检察院2005年8月24日通过了《关于进一步深化检察改革的三年实施意见》,将 改革和完善对诉讼活动的法律监督制度,切实维护司法公正,保障人权 作为未来三年检察改革的主要任务。 该文件明确提出, 健全对侦查活动中刑讯逼供等违法行为的监督查处机制。
On 24 August 2005, the Supreme People's Procuratorate passed the Opinion on the Three-Year Implementation of Further Reforms in the Procuratorate, which outlined the reform and perfecting of the legal supervision system in litigation, the practical safeguarding of judicial fairness, and the protection of human rights as the major tasks for the next three years of procuratorial reform.
为落实上述规定,2006年12月,最高人民检察院发布《人民检察院讯问职务犯罪嫌疑人实行全程同步录音录像技术工作流程(试行)》和《人民检察院讯问职务犯罪嫌疑人实行全程同步录音录像系统建设规范(试行)》,各级检察院均实行了讯问职务犯罪嫌疑人同步录音录像,从根本上有效遏制和预防了刑讯逼供等违法办案行为的发生。
In December 2006, the Supreme People's Procuratorate promulgated the Technical Workflow for Implementing Synchronous Audio and Video Recording throughout the Whole Process of Interrogation of Duty-related Criminal Suspects by People's Procuratorates (for Trial Implementation) and the System Construction Specifications for Implementing Synchronous Audio and Video Recording throughout the Whole Process of Interrogation of Duty-related Criminal Suspects by People's Procuratorates (for Trial Implementation) with a view to putting the aforementioned stipulations into practice. Procuratorates at all levels have now implemented synchronous audiovisual recording of interrogations of personnel suspected of duty-related crimes, fundamentally and effectively suppressing and preventing the occurrence of extortion of confessions by torture and other such unlawful actions.
2010年4月21日,监察部、人力资源和社会保障部、公安部联合出台《公安机关人民警察纪律条令》,规定违反规定采取强制措施或者行政拘留的,非法剥夺、限制他人人身自由的,违反规定延长羁押期限或者变相拘禁的,体罚、虐待违法犯罪嫌疑人、被监管人员或者其他工作对象的,实施或者授意、唆使、强迫他人实施刑讯逼供的,依法予以记过、降级、撤职或者开除处分。
On 21 April 2010, the Ministry of Supervision, the Ministry of Human Resources and Social Security and the Ministry of Public Security jointly issued the Ordinance on Discipline for the People's Police of the Public Security Organs, stipulating that whosoever implements compulsory measures or administrative detention in violation of regulations, unlawfully takes away or limits the personal liberties of other persons, extends a term of custody or implements disguised detention in violation of regulations, corporally punishes or abuses criminal suspects, prisoner detainees or other persons in his or her working capacity, or who coerces, or incites, suborns or compels others to coerce, confessions by torture shall be sanctioned in the form of demerits, reduction in rank, dismissal from office or expulsion from the employing organization.
法律专家说,中国警方在谋杀案的破案上面临巨大的压力,这会导致错案的增加。在这类错案中,刑讯逼供通常是一个因素,因为在没有其他证据的情况下,逼供可以帮助确保破案。刘仁旺说,到目前为止,他还没有因为漫画受到来自警方的压力,他还说,他不怕可能会遭到的报复。
Legal experts say the Chinese police are under great pressure to solve capital crimes, which can contribute to wrongful convictions. Forced confessions are often a factor in such cases, as they can help ensure a conviction when no other evidence exists. Mr. Liu said that he had not had experienced any pressure from the police so far in connection with the images and that he was not afraid of possible retaliation.
参议院的这份报告援引了2002年8月从CIA在泰国的一处设施发出的一系列电报。那里是CIA关押其第一名囚徒的地方。在司法部授权使用水刑之后,不到几天的时间里,这个名叫阿布·朱贝达(Abu Zubaydah)的在押人员就遭受了极为残酷的刑讯逼供,以致于一些CIA探员"开始流泪和哽咽"。其中有几个人表示,如果这样残忍的审讯继续进行下去,他们就会申请调出这座设施。
The Senate report quotes a series of August 2002 cables from a C.I.A. facility in Thailand, where the agency's first prisoner was held. Within days of the Justice Department's approval to begin waterboarding the prisoner, Abu Zubaydah, the sessions became so extreme that some C.I.A. officers were "to the point of tears and choking up," and several said they would elect to be transferred out of the facility if the brutal interrogations continued.
刑讯逼供 - 违反第七条和第十四条第3款(庚)项;在调查过程中没有提交人的律师在场,审判法院拒绝提交人保留一名新律师以及邀请更多专家和证人的请求 - 违反《公约》第十四条第3款(乙)、(丁)和(戊)项。
Forced confessions obtained under duress - violation of articles 7 and 14, paragraph 3 (g); absence of the author's lawyer during investigation acts, refusal of the trial court to allow the author to retain a new lawyer as well as his requests to invite additional experts and witnesses - violation of article 14, paragraph 3 (b), (d), and (e), of the Covenant.
酷刑问题特别报告员向该国政府提出的建议包括:作为一个优先事项,根据《禁止酷刑公约》第1条,拟定酷刑罪的定义,并根据实施酷刑的严重程度给以相应的惩罚;《刑事诉讼法》的改革应符合公平审判的规定,包括保持沉默的权利、切实排除刑讯逼供得来的证据、无罪推定,和确保司法机构的独立和公正。
The Special Rapporteur on torture made recommendations to the Government including that the crime of torture should be defined as a matter of priority in accordance with article 1 of CAT, with penalties commensurate with the gravity of torture; and that reform of the Criminal Procedure Law should conform to fair trial provisions, including the right to remain silent, effective exclusion of evidence extracted through torture, presumption of innocence, and ensuring the independence and impartiality of the judiciary.
中国公安机关对于发生在少数民警中的滥用强制措施、刑讯逼供、体罚虐待违法犯罪嫌疑人等问题,一直是发现一起,严肃查处一起,涉嫌犯罪的,由检察机关启动刑事责任追究程序;对危害程度及情节等较轻、不构成犯罪的,由监察部门进行独立调查,根据违法程度追究相关人员的行政责任,给予警告、记过、记大过、降级、撤职、开除等行政处分。
The Chinese public security organs have made unrelenting efforts to investigate and punish any abuse of coercive measures, torture, corporal punishment and ill-treatment of criminal suspects whenever they find such cases, even though very few police officers have been found to have perpetrated such acts. If a personn is suspected of having committed a crime, the procuratorial organs will investigate the person's criminal liability. If the harm caused is relatively minor and does not constitute a crime, the supervisory department will conduct an independent investigation and, depending on the seriousness of the violation, determine the person's administrative responsibility, whereupon an administrative sanction in the form of a warning, demerit, major demerit, demotion, removal from post may be imposed.
但是,《公安机关人民警察执法过错责任追究规定》和其他条例中规定,"法律规定不明确或者有关司法解释不一致;因不能预见或无法抗拒的原因致使错误发生;执行上级命令;按照办案协作规定协助办案的,不追究'过错`的责任,包括刑讯逼供和暴力取证"。
However, the Public Security Organs Regulations on Pursuing Responsibility for Policemen's Errors in Implementing the Law and other regulations stipulate that "responsibility for 'errors', including forcing confessions (bigong) or testimony, will not be pursued where the law is unclear or judicial interpretations inconsistent; where the errors are made as a result of unforeseen or irresistible reasons; where the policeman was carrying out an order from a superior; or where the policeman was handling a case according to regulations on cooperation with other units".
如将"依法治国"的基本方略写进《宪法》,修订了《刑法》和《刑事诉讼法》,对其中一些重要的制度进行了改革,进一步确定了司法机关必须依照法定程序收集证据、禁止使用刑讯逼供等非法方式收集证据的规则等,对于防止和制裁酷刑行为、促进公正执法提供了切实的保障。
For example, the basic premise of "government by law" has been written into the Constitution and revisions made to the Criminal Code and Code of Criminal Procedure that have resulted in reforms in a number of important institutional systems. Progress has also been made in formulating rules requiring the judicial organs to follow legally established procedures in the collection of evidence and prohibiting the use of such illegal methods as the use of torture to extract confessions and collect evidence. This has afforded genuine protection in preventing and punishing the use of torture and promoting impartiality in the administration of justice.
贪污贿赂犯罪,国家工作人员的渎职犯罪,国家机关工作人员利用职权实施的非法拘禁、刑讯逼供、报复陷害、非法搜查的侵犯公民人身权利的犯罪以及侵犯公民民主权利的犯罪,由人民检察院立案侦查。对于国家机关工作人员利用职权实施的其他重大的犯罪案件,需要由人民检察院直接受理的时候,经省级以上人民检察院决定,可以由人民检察院立案侦查。自诉案件,由人民法院直接受理。
People's procuratorates shall file cases and conduct investigations into crimes regarding corruption, crimes regarding dereliction of duty committed by public employees of the state, crimes regarding infringement on the personal rights of, and on the democratic rights of, citizens committed by staff personnel of state organizations by abusing their authority in respect of illegal detention, extortion by torture of confession, retaliation and false charges, and illegal rummage.
陈克贵案中提出的指称如下:强行闯入,在没有逮捕证的情况下实施逮捕;从2012年4月29日至5月9日对申请人关押了10天,而没有告知对他的指控;刑讯逼供;设置妨碍他聘请的律师为他准备适当辩护的障碍;他的家人为他选择的辩护律师无法代理他的案件;非公开审理;未能对提供对他不利证词的证人进行交叉询问;设置(通过上诉)获得补救的障碍;没有对他家人代他提出的申诉作出正式回应。
In the case of Chen Kegui, the following is alleged: an arrest, without a warrant, made in the course of an intrusion into a home; ten days of custody, from 29 April to 9 May 2013, without the petitioner having been informed of the charges against him; confessions made under duress; barriers that prevented his appointed counsel from preparing his proper defence; the inability to be represented by the lawyer chosen by his family to defend him; a closed hearing; the inability to cross-examine witnesses testifying against him; barriers in the exercise of remedies (by appeal); and the lack of an official response to the appeal filed on his behalf by his family.
尽管工作组对政府答复其信函表示满意,但感到遗憾的是,政府没有对来文中的所有指称作出明确、详尽的答复,政府在答复中未就如下事实作出具体陈述:2012年4月29日至5月9日,将陈克贵拘留了10天,而没有告知对他提出的指控;刑讯逼供;家人为被告聘请的律师无法介入诉讼程序;审理时无法对证人进行交叉询问。
Although the Working Group is pleased that the Government responded to its letter, it nonetheless regrets that it has not responded in an explicit and fulsome manner to all the allegations cited in the its response, the Government did not make a statement specifically on the fact that Chen Kegui was detained from 29 April to 9 May 2012, for 10 days, without being notified of the charges against him; on the confessions obtained under duress; on the fact that the lawyer appointed by the family of the defendant was unable to intervene in the proceedings; and on the impossibility of cross-examining witnesses at the hearing.
这些手绘的场景颇为离奇,也令人不安。其中一幅显示,一名男子被锁在笼子里,警察把开水从男子的头上泼下去。另一幅显示,男子被手铐吊在天花板上,警察用电棍猛击他的身子。这些漫画绘制得并不非常专业,画面中的人展现出异常平淡的表情,周围的场景却十分残忍。然而,这些漫画在中国公众中引起了强烈关注,因为它们竟然坦率地描绘出警察刑讯逼供的场景。
The hand-drawn images are bizarre and disturbing. One shows a man locked in a cage while a police officer pours boiling water on his head. Another shows him suspended from the ceiling by handcuffs as an officer jabs his side with an electric are amateurishly drawn, with faces showing strangely neutral expressions amid scenes of severe cruelty. Yet they have captured public attention in China for their surprisingly candid depiction of abuse by the police.
习近平已把反腐败作为其政府的核心任务,官员在电视上承认受贿的表现非常受欢迎。官方新闻媒体很少对双规制度提出批评。中国官员坚持认为,反腐败调查是在安全的地点,用人性的方式进行的,刑讯逼供及其他虐待行为已在更严格的规则和监督下大大减少。负责地方纪律办公室的中共中央纪律检查委员会没有回答用传真发去的有关这份报告的问题。
Mr. Xi has made fighting corruption a centerpiece of his administration, and televised shows of officials confessing to taking bribes have been popular. The state-run news media rarely airs criticisms of the detention system. Chinese officials have maintained that the anticorruption investigations are carried out humanely in safe sites and that torture and other abuses have been curtailed by stricter rules and oversight. The Central Commission for Discipline Inspection, which oversees the local discipline offices, did not answer faxed questions about the report.
公安部修订《公安机关执法质量考核评议规定》和《公安机关人民警察执法过错责任追究规定》,建立完善科学合理的执法质量考评机制,健全执法过错纠正和责任追究制度,对实施刑讯逼供、违法使用警械武器等行为的人员严格追究执法责任。国家有关部门发布《领导干部干预司法活动、插手具体案件处理的记录、通报和责任追究规定》和《司法机关内部人员过问案件的记录和责任追究规定》。各级法院的案件信息管理系统设立内外部人员过问案件信息录入专库,对领导干部干预司法活动和司法机关内部人员过问案件的情况,全面、如实、及时进行记录。2015年11月6日和2016年2月1日,12起领导干部干预司法活动、插手具体案件和司法机关内部人员违反规定过问案件的典型案例被先后公开通报,相关责任人被依法依规处理。
The Ministry of Public Security amended the Regulations on the Appraisal of Law Enforcement by Public Security Organs, and the Regulations on Law Enforcement Accountability of People's Police of Public Security Organs, establishing a complete and effective appraisal system for monitoring the quality of law enforcement and for improving accountability in the investigation of misconduct during law enforcement. Forced confessions and illegal employment of police instruments or weapons are subject to strict investigation for their responsibility. The Chinese authorities issued the Regulations on the Recording, Notification, and Accountability Investigation of Leading Officials for Interventions in Judicial Activities and Handling of Specific Cases, and the Regulations on the Recording and Accountability Investigation of Staff Members of Judicial Organs for Their Intervention in Case Handling. People's courts at all levels have set up special archives in their case information management systems for recording internal and external interest and intervention in case-handling, so as to record in a complete, strict, and timely fashion any intervention in judicial activities by leading officials and any interest in cases expressed by staff members. On November 6, 2015 and February 1, 2016, 12 such cases were made public, and those adjudged to have transgressed received punishments pursuant to the law.
加强对监狱、看守所的监督,保障被羁押人合法权利不受侵犯。看守所提高执法工作透明度,定期向社会开放。截至2015年,全国有2610个看守所建立在押人员投诉处理机制,有2558个看守所聘请了特邀监督员。检察机关监督看守所对犯罪嫌疑人、被告人入所健康体检活动和临时出所管理活动,防止和纠正侦查人员将犯罪嫌疑人提出看守所外进行非法讯问或刑讯逼供。强化刑事羁押期限监管,监督各有关部门清理久押不决案件。2013年核查出的羁押3年以上未结案的4459人,2015年下降到6人。
Enhance supervision over prisons and detention houses to safeguard the legitimate rights and interests of detainees. To increase the transparency of their law enforcement, detention houses should open to the public on a regular basis. By 2015, a complaint handling mechanism for detainees had been installed in 2,610 detention houses, and 2,558 had employed special supervisors. Procuratorial organs supervise activities in detention houses such as health examinations upon entrance and temporary removal of detainees, with a view to preventing and rectifying illegal interrogation and forced confessions outside detention houses. We should strengthen supervision over the term of criminal detention and urge relevant departments to settle outstanding cases. In 2013, 4,459 detainees involved in outstanding cases had been in detention for more than three years, but the figure fell to six in 2015.
第五十条 审判人员、检察人员、侦查人员必须依照法定程序,收集能够证实犯罪嫌疑人、被告人有罪或者无罪、犯罪情节轻重的各种证据。严禁刑讯逼供和以威胁、引诱、欺骗以及其他非法方法收集证据,不得强迫任何人证实自己有罪。必须保证一切与案件有关或者了解案情的公民,有客观地充分地提供证据的条件,除特殊情况外,可以吸收他们协助调查。
Article 50 Judges, prosecutors, and criminal investigators must, under legal procedures, gather various kinds of evidence that can prove the guilt or innocence of a criminal suspect or defendant and the gravity of crime. It shall be strictly prohibited to extort confessions by torture, gather evidence by threat, enticement, deceit, or other illegal means, or force anyone to commit must be ensured that all citizens who are involved in a case or have information regarding a case can objectively and fully provide evidence, and, except under special circumstances, such citizens may be required to assist investigation.
第五十四条 采用刑讯逼供等非法方法收集的犯罪嫌疑人、被告人供述和采用暴力、威胁等非法方法收集的证人证言、被害人陈述,应当予以排除。收集物证、书证不符合法定程序,可能严重影响司法公正的,应当予以补正或者作出合理解释;不能补正或者作出合理解释的,对该证据应当予以排除。在侦查、审查起诉、审判时发现有应当排除的证据的,应当依法予以排除,不得作为起诉意见、起诉决定和判决的依据。
Article 54 A confession of a criminal suspect or defendant extorted by torture or obtained by other illegal means and a witness or victim statement obtained by violence, threat, or other illegal means shall be excluded. If any physical or documentary evidence is not gathered under the statutory procedure, which may seriously affect justice, correction or justification shall be provided; otherwise, such evidence shall be excluded. If it is discovered during the criminal investigation, examination and prosecution, or trial of a case that any evidence shall be excluded, such evidence shall be excluded and not be used as a basis for a prosecution proposal, a prosecution decision, and a sentence.
请提供资料,说明特别是在《关于办理刑事案件排除非法证据若干问题的规定》和《关于办理死刑案件审查判断证据若干问题的规定》出台后采取了哪些步骤,确保以证据而非犯罪嫌疑人的口供作为定罪量刑的根据,以及确保任何诉讼程序不援引采用刑讯逼供等手段取得的供述作为证据,只有对被控施行酷刑者的诉讼案件除外。
Please provide information on the steps taken to ensure that criminal convictions require evidence other than the confession of the detainee, and that statements made under torture are not invoked as evidence in any proceedings, except against a person accused of torture, in particular in light of the introduction of "Rules concerning questions about exclusion of illegal evidence in handling criminal cases", and "Rules concerning questions about examining and judging evidence in death penalty cases".
倡导司法公正,必然要求保障犯罪嫌疑人、被告人的合法权益不受侵害,要求依法惩治刑讯逼供、暴力取证等严重侵害犯罪嫌疑人、被告人人权、妨害司法公正的酷刑行为;倡导高效司法,必然要求保障犯罪嫌疑人、被告人能得到快速的、不拖延的审判,要求禁止超法定时限的侵犯犯罪嫌疑人、被告人合法权益的羁押措施,这对于惩治和防范酷刑行为,具有重要意义。
Promoting judicial fairness inevitably requires the guarantee that the legitimate rights and interests of criminal suspects and defendants are not harmed, and requires the punishment and correction in accordance with the law of the use of torture to extort confessions, the use of violence to extract testimony, and other such acts of torture that seriously harm the human rights of criminal suspects and defendants and that impair judicial fairness. The promotion of high judicial efficiency inevitably requires the guarantee that the cases of criminal suspects and defendants will be tried quickly and without delay, and requires the forbidding and cessation of detention measures that exceed the legally prescribed time-period and which thus harm the legitimate rights and interests of criminal suspects and defendants.
最重要的是,西方对其境内极端主义的有效压制迫使那些潜在的恐怖分子 - 大多数躲在全球偏远地区,希望因此逍遥法外 - 使用更高级别的技术(来逃脱搜捕)。但这又催生了痛苦的政策困境,使得最亲密的反恐盟友都会心生嫌隙。试问如果某些国家无法/不愿采取必要措施阻止其境内的恐怖行动策划,应该如何应对?如果某些国家可能采取刑讯逼供,又该如何处理因此取得的恐怖行动情报?
Above all, the West's effective crackdown on domestic extremism has tended to drive would-be terrorists - now often based in remote parts of the world, where they hope to operate with impunity - to higher levels of technical a result, painful policy dilemmas arise, and they can divide even the closest allies.
为了便于人民群众控告、申诉,同时也为了提高检察人员办案的责任心和提高办事效率,最高人民检察院于2003年7月1日下发了《人民检察院控告、申诉首办责任制实施办法(试行)》,规定首办责任制就是人民检察院对本院管辖的控告、申诉,按照内部业务分工,明确责任,及时办理,将包括刑讯逼供、暴力取证等案件在内的控告、申诉解决在首次办理环节的责任制度。
In order to facilitate the filing of accusations and appeals by the general public and to improve accountability and efficiency of the procuratorial staff, the Supreme People's Procuratorate on 1 July 2003 issued Rules of the People's Procuratorate on the Implementation of a First-link Responsibility System. The Rules stipulate that the first-link responsibility system means that the people's procuratorates should handle accusations and appeals within their mandates in a timely fashion and with clearly defined internal division of work and lines of responsibilities.
这位男子名叫刘仁旺,因为山西省一名村官在2008年被枪杀,他曾两次被判犯有谋杀罪,他说,漫画描绘了当地警方对他刑讯逼供所使用的方法,警方强迫他坦白自己未曾犯下的罪行。山西一家法院曾在2010年判刘仁旺死缓。两年后,他的案子被重新审理,他被改判无期徒刑。他对判决提出上诉,并于2013年被判无罪。谋杀村官案至今未破。
Liu Renwang, who was twice convicted of murder in the 2008 shooting death of a village official in Shanxi Province, says the drawings depict the methods the local police used to force him to confess to a crime he did not commit. In 2010, a Shanxi court handed Mr. Liu a suspended death sentence. Two years later, the case was reinvestigated, and he was given life imprisonment. He appealed, and in 2013 he was found not guilty. The official's murder remains unsolved.
非法证据排除制度进一步完善。2013年,最高人民检察院发布《关于侦查监督部门调查核实侦查违法行为的意见(试行)》,进一步完善了对侦查违法活动进行监督的工作机制。最高人民法院关于适用刑事诉讼法的解释对证人出庭范围、鉴定人出庭范围、证人保护和作证补助等问题作了具体规定;设"非法证据排除"专节,明确规定申请排除非法证据的程序,以及取证合法性的审查、调查程序等。2013年,最高人民法院发布《关于建立健全防范刑事冤假错案工作机制的意见》,规定:定罪证据不足的案件,应当宣告被告人无罪;采取刑讯逼供等非法方法收集的供述、未在规定的办案场所讯问取得的供述、未依法对讯问进行全程录音录像取得的供述以及不能排除以非法方法取得的供述,都应当予以排除。2012-2015年,各级人民法院依法宣判3369名被告人无罪。
The system of excluding illegally obtained evidence has been further improved. In 2013, the Supreme People's Procuratorate issued Proposals for Investigation and Supervision Departments to Investigate and Verify Illegal Behaviors during Criminal Investigations (for trial implementation), and further improved the working mechanism for supervising illegal behaviors during criminal Supreme People's Court's judicial interpretation on the application of the Criminal Procedure Law also provided for specific rules on the scope of witnesses appearing in court; the scope of appraisers appearing in court; the protection of witnesses, and subsidies for providing testimonies. In a special chapter devoted to eliminating illegal evidence, it clearly stipulated the procedures to apply for excluding illegal evidence and examine and investigate the legitimacy of evidence collection. In 2013, the Supreme People's Court promulgated Regulations on Establishing a Sound Working Mechanism to Guard against Unjust, False or Erroneous Charges in Criminal Cases. For cases having insufficient evidence, defendants should be found not guilty. It provided for eliminating all confessions extorted by torture or other illegal methods, not collected through interrogation in designated venues of case investigation, or confessions collected without audio-visual recordings of the whole interrogation process and those that could not exclude the possibility of being collected through illegal means. Between 2012 and 2015, the people's courts at various levels found 3,369 suspects not guilty.
第十八条 刑事案件的侦查由公安机关进行,法律另有规定的除外。贪污贿赂犯罪,国家工作人员的渎职犯罪,国家机关工作人员利用职权实施的非法拘禁、刑讯逼供、报复陷害、非法搜查的侵犯公民人身权利的犯罪以及侵犯公民民主权利的犯罪,由人民检察院立案侦查。对于国家机关工作人员利用职权实施的其他重大的犯罪案件,需要由人民检察院直接受理的时候,经省级以上人民检察院决定,可以由人民检察院立案侦查。自诉案件,由人民法院直接受理。
Article 18 Investigation of criminal cases shall be conducted by public security authorities, except as otherwise provided for by law. Cases regarding a crime of embezzlement or bribery, malfeasance by a state employee, or violation of a citizen's personal rights, such as false imprisonment, extortion of confessions by torture, circumvention for retaliation, or illegal search, or a citizen's democratic rights by an employee of a government authority by taking advantage of his or her functions shall be opened and investigated by people's other significant case regarding a crime committed by an employee of a government authority by taking advantage of his or her functions, which requires direct acceptance by a people's procuratorate, may be opened and investigated by the people's procuratorate upon a decision of the people's procuratorate at or above the provincial level. Cases of private prosecution shall be directly accepted by people's courts.
对于确实具有现实危险,必须使用械具的,在现实危险消除后,应当立即停止使用;人民检察院审查批准逮捕、审查起诉未成年人刑事案件,应当同时审查公安机关的侦查活动是否合法,发现有以下情况的,应提出意见,对于构成犯罪的,依法追究刑事责任:违法对未成年犯罪嫌疑人采取强制措施或者采取强制措施不当的;未依法实行对未成年犯罪嫌疑人与成年犯罪嫌疑人分管、分押的;对未成年犯罪嫌疑人采取刑事拘留、逮捕措施后,在法定时限内未对其讯问,或者未通知其法定代理人或者近亲属的;对未成年犯罪嫌疑人威胁、体罚、侮辱人格、游行示众,或者刑讯逼供、指供诱供的;利用未成年人故意制造冤、假、错案的;对未成年被害人、证人以诱骗等非法手段收集证据或者侵害未成年被害人、证人的人格尊严及隐私权等合法权益的;违反羁押和办案期限规定的;对已作出的不批准逮捕、不起诉决定,公安机关不予执行或延期执行的;在侦查中有其他侵害未成年人合法权益的行为。
If any of the following has occurred, the people's procuratorate must issue an opinion as to whether the action constituted a crime and, pursuant to the law, investigate and attribute criminal responsibility: illegal coercive measures used on a juvenile criminal suspect, or unwarranted coercion used; a juvenile criminal suspect not held or detained separately from adult criminal suspects, as required by law; a juvenile criminal suspect, after being placed in criminal detention or arrested, not interrogated or allowed to contact a legal representative or family members within the time limit prescribed by law; a juvenile criminal suspect threatened, subjected to ill-treatment, humiliated, forced to march about in public or to make a confession under torture or through entrapment; a minor deliberately used to build a wrong, false or erroneous case; a minor victim or witness forced to produce evidence by means of entrapment or other illegal devices, or the human dignity, right to privacy or other legitimate interests of minor victim or witness violated; time limits governing detention and the processing of cases not respected; public security organs not respecting a decision not to authorize arrest or a nolle prosequi decision; or other incident during an investigation that may violate a minor's legitimate interests.
强烈敦促各国确保不得在任何程序中援引任何经确定系以酷刑取得的供词作为证据,除非用来证明被控施用酷刑者确曾刑讯逼供,并吁请各国考虑将此项禁令扩大适用于通过残忍、不人道或有辱人格的待遇或处罚而取得的供词;认识到对在任何程序中作为证词使用的包括供状在内的供词进行适足的确证,是防范酷刑和其他残忍、不人道或有辱人格的待遇或处罚的一项保障措施;
Strongly urges States to ensure that no statement that is established to have been made as a result of torture is invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made, calls upon States to consider extending that prohibition to statements made as a result of cruel, inhuman or degrading treatment or punishment, and recognizes that adequate corroboration of statements, including confessions, used as evidence in any proceedings constitutes one safeguard for the prevention of torture and other cruel, inhuman or degrading treatment or punishment
这些措施包括:废止秘密和隔离拘留;从逮捕或拘捕起就对每个被拘留者进行适当登记;24小时内立即获得法律顾问;可与亲属联系;及时获得独立审理;无罪推定;对所有被拘留者进行及时和独立的医疗检查;录像/录音记录全部审问过程;审讯人员或调查人员控制下的拘留不得超过48小时;迅速、公正和切实调查所有指控或酷刑嫌疑;刑讯逼供所得证据不予采信;以及对所有负责拘留者的关押、审讯和医疗保健的官员进行有效培训。
There are numerous methods of prevention that have been developed in the past, which, if adequately implemented by States, could easily eradicate torture: abolition of secret and incommunicado detention; proper registration of every detainee from the moment of arrest or apprehension; prompt access to legal counsel within 24 hours; access to relatives; prompt access to an independent judge; presumption of innocence; prompt and independent medical examination of all detainees; video/audio recording of all interrogations; no detention under the control of the interrogators or investigators for more than 48 hours; prompt, impartial and effective investigation of all allegations or suspicions of torture; inadmissibility of evidence obtained under torture; and effective training of all officials involved in the custody, interrogation and medical care of detainees.
尽管中国国内立法中没有关于酷刑的明确定义,但《刑法》6 的一些条款反映了《禁止酷刑公约》酷刑定义的基本内容,禁止:司法工作人员刑讯逼供(第二百四十七条);司法工作人员使用暴力逼取证人证言(第二百四十七条);监狱、拘留所、看守所等监管机构的监管人员对被监管人进行殴打或者体罚虐待以及指使被监管人殴打或者体罚虐待其他被监管人(第二百四十八条)。
While there is no explicit definition of torture in Chinese domestic legislation, basic elements of the definition of torture under CAT are reflected in several provisions of the Criminal Law (CL) which prohibit: extortion of a confession under torture by a judicial officer (xingxun bigong) (art. 247); extraction of testimony by the use of force by a judicial officer (baoli quzheng) (art. 247); physical abuse of inmates as well as instigation of detaineeondetainee violence by a policeman or other officer of an institution of confinement like a prison, a detention house or a custody house (art. 248).
刑讯逼供案件逐年减少。
Cases involving extortion of confession through torture have decreased year on year.
严禁刑讯逼供。
Forced confession is prohibited in China.
谢凯伦:如何停止刑讯逼供
Karen Tse: How to stop torture
使用刑讯逼供等手段打击恐怖主义
the state resorted to torture
第654章 刑讯逼供
Chapter 654 - Deadman Standing
(四) 刑讯逼供;
to extort confessions by torture
如果我刑讯逼供什么?
What if I am Being Abused?
刑讯逼供的如何了
how's the torture going?
人权理事会在其对《公约第一任择议定书》下的个人来文的意见中,继续谈及有关司法方面的问题,特别是:在一个人被强迫失踪的情况下没有进行调查和采取适当的补救措施; 定罪未经上一级法院复核; 一个本国法院拒绝强制执行对损害进行付款; 在违反公平审判保障之后适用死刑; 拘留期间的酷刑、虐待 和任意剥夺受害人生命; 对没有与成人分开关押并被剥夺了对未成年人的刑事调查规定的特殊保障的未成年人的刑讯逼供。
In its views on individual communications under the first Optional Protocol to the Convention, the Human Rights Council has continued to address issues relating to the administration of justice, in particular: failure to investigate and take appropriate remedial action in case of the enforced disappearance of a person; a conviction that was not reviewed by a higher court; a domestic court's refusal to enforce the payment of damages; the application of the death penalty following a trial held in violation of fair-trial guarantees; torture, ill-treatment and the arbitrary deprivation of a victim's life during detention; and the forced confession of a juvenile who was not detained separately from adults and was denied the special guarantees prescribed for the criminal investigation of juveniles.
因刑讯逼供被判有罪44人
to extort confession: 44
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