Manichean police views lead to torture of suspects
- Source: Global Times
- [22:50 May 17 2010]
- Comments
PO: Over the past year, we've witnessed cases in which suspects or criminals died, according to the local police, of "playing hide and seek," "taking a shower," or "drinking cold water." Can China strengthen third-party mechanisms to restrain law enforcers, like recording, videotaping and supervision during the entire process?
Qu: Today we sometimes practice the recording and videotaping of investigations. But the Zhao Zuohai case took place 11 years ago. At that time, there were probably no such internal rules requiring recording or videotaping.
But even today, we don't practice recording and videotaping of the entire handling of a case. It's also very hard to know whether a tape records the entire process or not. Therefore, both internal and external supervision should be further strengthened.
The further reform of our criminal investigation is also related to China's economic development. As the country becomes richer and more powerful, China's abilities and resources to carry out criminal investigations are becoming stronger too.
PO: How should victims of torture by police officers protect their legal rights and interests?
Qu: In light of current mechanisms, it's very hard for suspects to protect their rights and interests. In some foreign countries, a suspect has the right to keep silent. But in China, suspects are repeatedly told that if they confess they'll get a lighter sentence. It's hard to completely and comprehensively ensure suspects' right to keep silence in China.
But I think at least we can begin to allow lawyers, who are currently only allowed to play a consultative function, to join the investigation as representatives of the defendants.
Suspects need lawyers to collect the evidence that can lead to acquittal or a lighter sentence. The suspects themselves are detained, and it's hard for them to protect their rights and interests themselves. They need external help, and we must change the system to allow this.
