A/HRC/25/60/Add.2 has violated its obligations under international law applicable to torture and cruel, inhuman or degrading treatment or punishment. He also encourages the Government to continue its engagement with the mandate. (b) JUA 08/02/2013 Case No. CHN 2/2013 State reply: 21/03/2013 Alleged risk of imminent execution without a fair trial and due process guarantees that are granted by international human rights laws. 35. The Special Rapporteur thanks the Government of the People’s Republic of China for its reply, dated 21 March 2013, to this communication in reference to the alleged risk of imminent execution after proceedings that did not comply with international human rights laws regarding fair trial and due process guarantees. According to the information received, on 24 August 2011, Ms. Li Yan, aged 41, was sentenced to death by the Ziyang City Intermediate People‘s Court for the murder of her husband on 3 November 2010. The Supreme People‘s Court in Beijing rejected her appeal and she is reportedly at risk of imminent execution. Allegedly, Ms. Li Yan committed the murder after being subjected to prolonged domestic violence and the repeated failure of the police authorities to protect her and investigate the abuses against her. During the legal proceedings conducted against her, Ms. Li Yan reportedly did not receive adequate legal assistance. The evidence of the defense was allegedly not given adequate consideration, and the defense witnesses were reportedly not invited to testify. In this context, the Special Rapporteur reiterates to the Government of China that in countries that have not abolished the death penalty, capital punishment may be imposed only following a trial that complied with fair trial and due process safeguards, as provided in articles 6(2) and 14 of the International Covenant on Civil and Political Rights (ICCPR). Further, Article 5 of the United Nations Safeguards Protecting the Rights of those Facing the Death Penalty provides that “Capital punishment may only be carried out pursuant to a final judgment rendered by a competent court after a legal process which gives all possible safeguards to ensure a fair trial, at least equal to those contained in article 14 of the ICCPR, including the right . . . to adequate legal assistance.” The Special Rapporteur further recalls that Safeguard 4 stipulates that “capital punishment may be imposed only when the guilt of the person charged is based upon clear and convincing evidence . . . .” It is reiterated that only full respect for stringent due process guarantees distinguishes capital punishment as possibly permitted under international law from a summary execution. The Special Rapporteur additionally points to paragraph 18 of the General Comment No. 2 of the Committee against Torture which requires State authorities to diligently prevent, investigate, prosecute, and punish acts of torture or illtreatment committed by non-State officials or private actors or bear responsibility for consenting to or acquiescing in such impermissible acts. The Special Rapporteur urged the Government to take all necessary measures to guarantee that the rights and freedoms of Ms. Li Yan are respected and, in the event that your investigations support or suggest the stated allegations are correct, the accountability of any person responsible is ensured. It is further requested, that in the future effective measures are adopted to prevent the recurrence of these acts. (c) JUA 26/03/2013 Case No. CHN 3/2013 State Reply: 28/05/2013 Alleged detention and torture of peaceful protesters in the Tibetan Autonomous Region. 36. The Special Rapporteur thanks the Government of the People’s Republic of China for its reply, dated 28 May 2013, to this communication in reference to the alleged arrest of six Tibetan peaceful demonstrators in Zuogang (Tibetan: Dzogang) county in the Tibet Autonomous Region (TAR); the detention of six monks from the Drakdeb monastery in Mangkang (Tibetan: Markham) county, Qamdo (Tibetan: Chamdo) Prefecture, TAR; the detention and sentencing of a Tibetan student in the city of Lhasa, capital of the TAR; the arrest of five monks, and conviction of three of them, in Chenduo (Tibetan: Tridu) county 25