4.2
Macao: Strengthening Human Rights Safeguards
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relatives, lawyers or doctors, often without charge and without being brought before a judicial authority such as a magistrate or judge. It is, therefore, clearly necessary not only that torture be prohibited, but also that safeguards be introduced to prevent torture and to demonstrate publicly that torture must not take place.
Articles 2 and 16 of the Convention against Torture, ratified by both China and Portugal, oblige State Parties to the Convention to adopt laws to prevent torture and cruel, inhuman or degrading treatment or punishment. Articles 28 and 36 of the Draft Basic Law contain guarantees which may help to prevent torture during detention. Article 28 states, To cope with arbitrary arrest or unlawful detention or imprisonment, residents have the right to apply to the court for the issuance of a writ of habeas corpus to prevent the arbitrary use of power ..." Article 36 states that "... Macao residents shall have the right to resort to law, to have access to the courts, and to get help from lawyers for protection of their lawful rights and interests, and to obtain judicial remedies ..."
Amnesty International recommends that Articles 28 and 36 of the Draft Basic Law be strengthened by stating that relatives and legal counsel should be informed of the arrest and whereabouts of detainees and that they and medical personnel should have prompt and regular access to detainees. Amnesty International recommends that, to prevent human rights violations from being committed while suspects are being detained for investigation, provisions of the Draft Basic Law should ensure that all detainees are brought before a judicial authority promptly after being taken into custody; that this judicial authority should be responsible for ensuring that suspects are not ill-treated while in custody; and that acts of torture and ill-treatment should also be made criminally punishable by law.
Amnesty International also recommends that Article 138 of the Draft Basic Law be amended to ensure that the Convention against Torture continues to apply to Macao without the precondition of a decision to that effect by the Central People's Government. (See above, Part Three)
Right to freedom from the imposition of the death penalty
The death penalty was abolished by Portugal in 1867 and is currently unconstitutional in Macao by virtue of Article 25 of the Portuguese Constitution, which states that human life is inviolable and that under no circumstances should the death penalty be imposed. Portugal has also ratified the Second Optional Protocol to the ICCPR aiming at the abolition of the death penalty, which states in Article 1, "No one within the jurisdiction of a State Party to the present Protocol shall be executed" (the Protocol provides for possible exceptions for crimes committed in war time). The
Amnesty International November 1991
Al Index: ASA 27/01/91
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