SHANGHAI MUNICIPAL PRISON

Chinese law does not provide basic safeguards to protect prisoners against torture. The law only guarantees access to a lawyer in cases where detainees are prosecuted under the criminal law. Even in such cases, there is no provision in law for access to a lawyer or a judicial authority during pre-trial detention and access to a lawyer is only guaranteed once the procedure for trial has started. In these circumstances it is almost impossible for detainees to make complaints about torture. The legislation includes regulations which permit administrative detention without charge or trial and, therefore, without any access to a lawyer or a judicial authority, for a period of up to four years. Access for the family is usually only granted after a prisoner has been tried and sentenced or "assigned" a term of administrative detention. Furthermore, family visits are considered a privilege rather than a right and can therefore be denied to prisoners.