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CYBER WARS
China Internet czar defends web censorship policies
by Staff Writers
Beijing (AFP) Dec 9, 2015


Torture 'deeply entrenched' in Chinese justice system: UN watchdog
Geneva (AFP) Dec 9, 2015 - A UN watchdog on Wednesday urged China to end the rampant use of torture in its prisons, close all "black jails" and halt a large-scale crackdown on lawyers and activists.

The UN Committee Against Torture also voiced alarm over deaths in custody and a lack of accountability for perpetrators of abuse.

The 10-member committee, which periodically reviews the records of the 156 countries that have ratified an international convention against torture, issued its report after questioning a large Chinese delegation about the country's record last month.

The investigators had praise for some changes in the law, including a 2012 amendment that bars the use of confessions extracted by torture as evidence in criminal proceedings.

George Tugushi, one of the panel's top investigators, however told reporters that "sometimes there is a distance between theory and practice."

"The committee remains seriously concerned over consistent reports indicating that the practice of torture and ill-treatment is still deeply entrenched in the criminal justice system, which overly relies on confessions as the basis for convictions," the report said.

A report by Amnesty International last month detailed how suspects received electric shocks, were punched, kicked, hit with shoes or bottles filled with water, denied sleep and locked in iron chairs forcing them into painful postures for hours on end.

- Interrogation chairs -

While some of these practices are banned by laxly implemented laws, others are sanctioned, the committee noted.

Jens Modvig, another top committee investigator, voiced particular concern over the use of so-called interrogation chairs, which the Chinese delegation insisted were needed to keep detainees from escaping or injuring themselves or their interrogators.

He said during last month's hearing that "in a detention place there (should be) no need for restraints."

"There are no time limits to how long such an interrogation can take place, which in itself probably amounts to ill-treatment and could easily amount to torture," he said, adding: "This is a sanctioned method of interrogation which is used everywhere."

The committee also voiced alarm over China's alleged use of so-called black jails, or secret detention facilities -- something China's delegation denied.

The committee voiced particular concern over a recent law change allowing a person to be held under "residential surveillance at a designated location" for up to six months, noting that these locations were often kept secret.

This, it said, may place detainees "at a high risk of torture and ill-treatment."

"This is in fact legitimising secret detention," Modvig said.

The report also warned that suspects in many cases lack adequate access to lawyers, insisting that suspects should be held for no more than 48 hours before talking to an attorney, instead of the currently permitted 37 days.

And it voiced alarm over "escalating abuses" targeting lawyers themselves.

The report said more than 200 lawyers and activists had been rounded up in an "unprecedented" crackdown since July, and that 25 reportedly remain under residential surveillance and four are allegedly unaccounted for.

The committee has given Beijing a year to detail progress towards complying with the Convention Against Torture.

China's Internet chief fiercely defended his country's strict management of the web Wednesday, saying that censorship of content Beijing deems illegal is necessary to protect online freedoms.

The comments come a week before the country convenes its second "World Internet Conference", an event whose version 1.0 last year was greeted with derision by many who questioned China's motives.

The conference is part of China's push to sell the idea of "internet sovereignty", a concept that stands at odds with a vision of the Internet as a free and open global commons.

China censors online content it deems to be politically sensitive, while blocking some Western media websites and the services of Internet giants including Facebook, Twitter and Google.

The policy is one facet of Beijing's strict limits on freedom of expression, and rights groups say it uses state security as a pretence to crack down on political dissent.

Through its Internet controls, China strives to "manage well the relationship between freedom and order", Lu Wei said during a press briefing in Beijing ahead of the conference.

"Freedom is our goal and order is our means," he said. "Freedom without order doesn't exist."

The idea is one China has studied from "developed countries in the West" Lu said, adding that "there isn't a country in the whole world where Internet content isn't managed".

Lu is a powerful figure both at home and abroad, where he has commanded the attention of global technology firms eager for a piece of the Chinese market.

An October report by the American pro-democracy think tank Freedom House found that China has the most restrictive Internet policies of 65 countries studied, ranking below Iran and Syria.

Nonetheless companies such as LinkedIn have agreed to censor their content in exchange for access to the country, while Facebook and other banned companies have lined up to offer the hand of friendship to China's top leaders.

When President Xi Jinping visited the US in September Lu appeared along with the head of state in the front row of a "family photo" of America's tech giants, including Amazon's Jeff Bezos and Facebook's Mark Zuckerberg.

- Restrictions 'protect users' -

While "the Chinese government has indeed expanded its power to control prominent problems online", Lu said, it has used its capabilities to control crime, pornography, and "rumours" -- a euphemism that can be applied to everything from misinformation to political speech.-

The restrictions, Lu said, are for "protecting internet users' legal rights and interests."

"You can't say that what's managed, isn't free," he said. "Freedom can't be built on the suffering of others, or built on others' lack of freedom."

This year's World Internet Conference will be attended by a handful of high-profile politicians from countries which have been criticised for their records on freedom of speech, including Pakistan's prime minister Nawaz Sharif and Russian prime minister Dmitry Medvedev.

Chinese President Xi Jinping will headline the event, which will take place in the scenic eastern town of Wuzhen.

In the lead-up to last year's meeting, Amnesty International said "China's Internet model is one of extreme control and suppression".

The country's regulation of cyberspace has since grown stricter thanks to the passage of new online "security" regulations earlier this year, part of a sweeping package of laws aimed at tightening state control over a wide range of domains.

The rules, Lu said, were intended to protect national prerogatives, as well as the "legal rights and interests of global enterprises in China".

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