Page:United States Statutes at Large Volume 114 Part 1.djvu/932

 114 STAT. 896 PUBLIC LAW 106-286—OCT. 10, 2000 (5) the right of a criminal defendant— (A) to be tried in his or her presence, and to defend himself or herself in person or through legal assistance of his or her own choosing; (B) to be informed, if he or she does not have legal assistance, of the right set forth in subparagraph (A); (C) to have legal assistsince assigned to him or her in any case in which the interests of justice so require and without payment by him or her in any such case if he or she does not have sufficient means to pay for it; (D) to a fair and public hearing by a competent, independent, gmid impartial tribunal established by the law; (E) to be presumed innocent until proved guilty according to law; and (F) to be tried without undue delay; (6) the right to be free from torture and other forms of cruel or unusual punishment; (7) protection of internationaly recognized worker rights; (8) freedom from incarceration as punishment for political opposition to the government; (9) freedom from incarceration as punishment for exercising or advocating human rights (including those described in this section); (10) freedom from arbitrary arrest, detention, or exile; (11) the right to fair and public hearings by an independent tribunal for the determination of a citizen's rights and obligations; and (12) free choice of employment. (b) VICTIMS LISTS.—The Commission shall compile and maintain lists of persons believed to be imprisoned, detained, or placed under house arrest, tortured, or otherwise persecuted by the Government of the People's Republic of China due to their pursuit of the rights described in subsection (a). In compiling such lists, the Commission shall exercise appropriate discretion, including concerns regarding the safety and security of, and benefit to, the persons who may be included on the lists and their families. (c) MONITORING DEVELOPMENT OF RULE OF LAW. —The Commission shall monitor the development of the rule of law in the People's Republic of China, including, but not limited to— (1) progress toward the development of institutions of democratic governance; (2) processes by which statutes, regulations, rules, and other legal acts of the Government of the People's Republic of China are developed and become binding within the People's Republic of China; (3) the extent to which statutes, regulations, rules, administrative and judicial decisions, and other legal acts of the Government of the People's Republic of China are published and are made accessible to the public; (4) the extent to which administrative and judicial decisions are supported by statements of reasons that are based upon written statutes, regulations, rules, and other legal acts of the Government of the People's Republic of China; (5) the extent to which individuals are treated equally under the laws of the of the People's Republic of China without regard to citizenship;

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