CrimLaw

The right to liberty is different from that against torture - an absolute right. But every country develops its own regime on deprivation of liberty . . . its own punitive measures. All human rights law can do is guarantee that the deprivation of liberty is carried out lawfully.

While the Brits are fussing over the possible loss of their wigs, the Chinese have taken their judges out of military uniform. Their schools are starting to teach about rights and their professors are starting to write textbooks about them. Still, there is a long way to go.

"Professor Yue, an associate law professor at China University who helped to draft China’s criminal code, is open about the problems. A big challenge for the Chinese justice system is how to get human rights into it. This idea that pre-trial detention should be controlled by the judge is very challenging. We discuss it, me and my colleagues. We think it will be very difficult to take away this power from the prosecution. But the reform is very important for the criminal justice system. Other crucial changes are needed. I think we should also introduce the system you have of habeas corpus. This is also part of judicial control over deprivation of liberty.

The way forward is to keep pressing the case, she believes. Recent history shows what can be done: the Chinese legal system and profession is only 20 years old. The new criminal procedure law was passed in 1998 and now the focus is on the justice system and procedures. The big thing we reformed was the criminal procedure law and we introduced the presumption of innocence this was very important. Before, if there was a doubt, the defendant would be given life imprisonment rather than the death penalty. But now, we have the principle. If we have doubt, then they are ‘not guilty’ and we have the Scottish verdict of ‘not proven’.

The right to a fair trial is next. We have introduced compulsory defence they are appointed by the court. But it is only in the important cases, such as where the person vulnerable or faces the death penalty. This is an area, she admits, where human rights could be improved."

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