E/CN.4/2001/66
page 57
law. In this connection he agrees with the recommendation of the Human Rights Committee
(CCPR/C/79/Add.104 of 30 March 1999, para. 9) that the law should be amended so as to
restrict the jurisdiction of the military courts to trial only of military personnel charged with
offences of an exclusively military nature.
236. He fully supports, in particular, the following recommendations of the Human Rights
Committee directly relevant to his mandate:
That there be established an independent body with authority to receive and investigate
all complaints of excessive use of force by the police and other security forces;
While noting improvement as a result of recent legislative reforms, that the law be
reconsidered with a view to eliminating incommunicado detention altogether; this
applies, in the Special Rapporteur’s view, whether or not such detention is ordered by a
judge;
That there be established “institutionalized” mechanisms for monitoring conditions in
prison and for investigating complaints by inmates; such mechanisms should, in the view
of the Special Rapporteur, include a substantiate component from civil society, including
human rights non-governmental organizations.
China
237. By letter dated 10 August 2000, the Special Rapporteur advised the Government that
he continued to receive information according to which the use of torture and other forms of
ill-treatment, in particular in Tibet and in the Xinjiang Uighur Autonomous Region (XUAR) is
widespread. In addition to methods reported in previous years, the Special Rapporteur has
transmitted information on the use of trained dogs to attack prisoners; the use of live electric
wires to give electric shocks, inter alia, to the mouth and genitals; the insertion of sticks or
needles under the nails or having fingernails pulled out with pliers; the hanging of prisoners from
a rail with one foot and one hand for 24 hours; the shoving of paper into the anus of detained
persons and the setting on fire of this paper. The Special Rapporteur has transmitted further
information on prisoners being made to run in the “flying aeroplane” position, arms spread out
and bent forward; having their hands tied behind their back and having them pulled up behind
them, causing intense pain; and on prisoners being made to stand barefoot in the snow and
having cold water poured over them in freezing winter temperatures.
238. Furthermore, the Special Rapporteur advised the Government that he had received
information on the methods of torture specifically used in the XUAR, namely the use of
injections which cause victims to become mentally unbalanced or to lose the ability to speak
coherently; the insertion of pepper, chilli powder or other substances in the mouth, nose or
genital organs; and the insertion of horse hair or wires into the penis. The torture of prisoners is
said to be common in prisons, detention centres and labour camps, such as the Liu Daowan jail
in Urumqi and a labour camp near Kashgar. Torture methods reported from the labour camp
include prisoners being hit on the head, stomach or genitals with electric batons; having electric
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