A/HRC/25/60/Add.2
treatment or punishment.” The State’s response does not address most of the allegations of
mistreatment, nor does it explain what investigation, if any, was conducted about them.
The Special Rapporteur concludes that the State has failed to live up to its obligations under
the international law governing torture and cruel, inhuman or degrading treatment or
punishment. He also encourages the Government of the People’s Republic of China to
continue its engagement with the mandate.
(d)
JUA 17/07/2013 Case No. CHN 6/2013 State reply: 23/09/2013
37.
The Special Rapporteur thanks the Government of the People’s Republic of China
for its reply, dated 23 September 2013, to this communication and is awaiting translation of
the respective reply.
(e)
JAL 22/07/2013 Case No. CHN 7/2013 State reply: 10/09/2013
38.
The Special Rapporteur thanks the Government of the People’s Republic of China
for its reply, dated 10 September 2013, to this communication and is awaiting translation of
the respective reply.
(f)
JUA 09/08/2013 Case No. CHN 8/2013 State reply: 11/11/2013
39.
The Special Rapporteur thanks the Government of the People’s Republic of China
for its reply, dated 11 Novemeber 2013, to this communication and is awaiting translation
of the respective reply.
(g)
JUA 14/11/2013 Case No. CHN 13/2013 State reply: 24/01/2014 Alleged on-going
arbitrary detention and failure to provide medical care to a detained human rights
defender.
40.
The Special Rapporteur regrets that the Government of China has not responded to
this communication, thereby failing to cooperate with the mandate issued by the Human
Rights Council. The communication referred to the alleged harassment, interrogation and
detention on numerous occasions of Ms. Cao Shunli, a high-profile human rights defender,
who at the time of writing this observation, remained detained on charges of “unlawful
assembly” and “picking quarrels and provoking trouble.” The Special Rapporteur expresses
grave concern for the physical and psychological integrity of Ms. Cao Shunli while in
detention, particularly as it would appear she is being held with only intermittent access to
legal advice and is at risk of ill-treatment due to the alleged deprivation of medical care. In
this context, the Special Rapporteur draws the attention of the Government to the Standard
Minimum Rules for the Treatment of Prisoners. Rule 22(2) provides that, “Sick prisoners
who require specialist treatment shall be transferred to specialized institutions or to civil
hospitals. Where hospital facilities are provided in an institution, their equipment,
furnishings and pharmaceutical supplies shall be proper for the medical care and treatment
of sick prisoners, and there shall be a staff of suitable trained officers.” Rule 25(1) provides
that, “The medical officer shall have the care of the physical and mental health of the
prisoners and should daily see all sick prisoners, all who complain of illness, and any
prisoner to whom his attention is specially directed.” (Approved by the Economic and
Social Council by resolutions 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May
1977.) Furthermore, the Special Rapporteur refers to the Basic Principles for the Treatment
of Prisoners, adopted and proclaimed by General Assembly resolution 45/111, according to
which “Prisoners shall have access to the health services available in the country without
discrimination on the grounds of their legal situation” (Principle 9). In the absence of
evidence to the contrary, the Special Rapporteur determines that the rights of Ms. Cao
Shunli under the relevant standards have been violated, and calls on the Government to
undertake all necessary measures to protect the right to physical and mental integrity of Ms.
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