Section 1. Respect for the Integrity of the Person, Including Freedom from:
a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings
There were no reports the government or its agents committed arbitrary or unlawful killings.
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The law prohibits such practices, and there were no reports government officials employed them.
Prison and Detention Center Conditions
Prison and detention center conditions generally met international standards, and the government permitted monitoring visits by independent human rights observers.
Physical Conditions: The Macau Prison, the SAR’s only prison, has a maximum capacity of 1,565 persons, and the occupancy rate as of June was approximately 84 percent of capacity. As of June there were 1,317 inmates who were 16 years old (the age of criminal responsibility) and older; of these 1,116 were men and 201 were women. Offenders between the ages of 12 and 16 years old were subject to an “education regime” that, depending on the offense, could include incarceration. Between July 2015 and June, authorities held 16 juveniles at the Youth Correctional Institution, 15 male and one female.
Administration: The government’s recordkeeping procedures were adequate. The government continued to use alternative sentencing for nonviolent offenders. Ombudsmen were able to serve prisoners and detainees. Authorities allowed prisoners and detainees reasonable access to visitors. Inmates are eligible for a weekly one-hour visit, with video visits arranged when necessary. Inmates with children may apply for weekend visits in a designated family room. Authorities permitted religious observance, including organized activities held within the prison. The law allows prisoners and detainees to submit complaints to judicial authorities without censorship and to request investigation of alleged deficiencies, and judges and prosecutors made monthly visits to prisons to hear prisoner complaints.
Independent Monitoring: According to the government, no independent human rights observers requested or made any visit to the Macau Prison. Judges and prosecutors visited the prison at least monthly.
d. Arbitrary Arrest or Detention
The law prohibits arbitrary arrest and detention, and the government generally observed these prohibitions. Activists expressed concern that the Macau Government abused prosecutorial procedures to target political dissidents, while police said they charged those they arrested with violations of the law.
ROLE OF THE POLICE AND SECURITY APPARATUS
Civilian authorities maintained effective control over the Public Security Police (general law enforcement) and the Judiciary Police (criminal investigations), and the government had effective mechanisms to investigate and punish official abuse and corruption. There were no reports of impunity involving the security forces.
ARREST PROCEDURES AND TREATMENT OF DETAINEES
Authorities detained persons openly with warrants issued by a duly authorized official based on sufficient evidence. Detainees had access to a lawyer of their choice or, if indigent, to one provided by the government. Detainees had prompt access to family members. Police must present persons in custody to an examining judge within 48 hours of detention. Detainees were promptly informed of charges against them. The examining judge, who conducts a pretrial inquiry in criminal cases, has wide powers to collect evidence, order or dismiss indictments, and determine whether to release detained persons. According to the government, courts should try defendants within the “shortest period of time.” Investigations by the prosecuting attorney should end with charges or dismissal within eight months, or six months when the defendant is in detention. The pretrial inquiry stage must conclude within four months, or two months if the defendant is detained. By law the maximum limits for pretrial detention range from six months to three years, depending on the charges and progress of the judicial process; there were no reported cases of lengthy pretrial detentions. There is a functioning bail system; however, judges often refused bail in cases where sentences could exceed three years.
From June 2015-July, there were five complaints of police mistreatment reported to the Commission for Disciplinary Control of the Security Forces and Services of the Macao SAR and two complaints lodged with the Commission Against Corruption. All complaints were dismissed for lack of evidence. Authorities reported there was one case of death while in police custody during the second half of 2015. According to police the case concerned a Filipino man who was brought to a police station after illegally consuming narcotic drugs and psychotropic substances. Police said during their investigation, the man reported feeling ill, and police accompanied him to Conde S. Januario Hospital for treatment where he died of suspected myocardial infarction despite efforts to resuscitate him.
e. Denial of Fair Public Trial
The law provides for an independent judiciary, and the government generally respected judicial independence.
Macau’s unique, civil-code law judicial system, which is derived from the judicial framework of the Portuguese legal system, operates within the PRC. The courts may rule on matters that are the responsibility of the PRC government or concern the relationship between central authorities and the SAR, but before making their final judgment, which is not subject to appeal, the courts must seek an interpretation of the relevant provisions from the National People’s Congress Standing Committee (NPCSC). Macau’s Basic Law requires that courts follow the NPCSC’s interpretations when cases intersect with central government jurisdiction, although judgments previously rendered are not affected, and when the Standing Committee makes an interpretation of the provisions concerned, the courts, in applying those provisions, “shall follow the interpretation of the Standing Committee.” As the final interpreter of the Basic Law, the NPCSC also has the power to initiate interpretations of the Basic Law.
The law provides for the right to a fair public trial, and an independent judiciary generally enforced this right. A case may be presided over by one judge or a group of judges, depending on the type of crime and the maximum penalty involved.
Under the law defendants enjoy a presumption of innocence, have access to government-held evidence relevant to their cases, and have a right to appeal. The law provides that trials be public except when the court rules otherwise to “safeguard the dignity of persons, public morality, or to provide for the normal functioning of the court.” Defendants have the right to be informed promptly and in detail of the charges (with free interpretation), be present at their trials, confront witnesses, have adequate time to prepare a defense, not be compelled to testify or confess guilt, and consult with an attorney in a timely manner. The government provides public attorneys for those financially incapable of engaging lawyers or paying expenses of proceedings. The law extends these rights to all residents.
The judiciary provided citizens with a fair and efficient judicial process. Under the provisions of the civil procedural law, courts schedule hearings in civil cases after a series of procedural acts have been met to provide for the parties’ rights at different stages of the judicial process. According to the government, as of June 30, the longest average waiting time for civil cases to be heard by a collegial panel of the Court of First Instance was 86 working days, while the average waiting time for cases to be heard officially by a sole judge was 29 working days. The average waiting time for criminal cases was less than one year, 84 working days involving someone on remand, and 210 working days in cases without remand. The average waiting time for cases to be heard by a sole judge was 56 working days. Activists said a lack of administrative capacity delayed the adjudication of both civil and criminal cases during the year.
POLITICAL PRISONERS AND DETAINEES
There were no reports of political prisoners or detainees.
CIVIL JUDICIAL PROCEDURES AND REMEDIES
There is an independent and impartial judiciary for civil matters, and citizens have access to a court to bring lawsuits seeking damages for, or cessation of, a human rights violation. Due to an overloaded court system, a period of up to a year often passed between the filing of a civil case and its scheduled hearing.
f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence
The law prohibits such actions, and the government generally respected these prohibitions. The Office for Personal Data Protection acknowledged a continuing increase in complaints and inquiries regarding data protection.
Activists critical of the government reported the government monitored their telephone conversations and internet usage.