A/HRC/28/68/Add.1
103. The Special Rapporteur thanks the Government of China (People’s Republic of) for
its reply, dated 20 August 2014, to the present communication.
104. He regrets that, as of the drafting of this report, no official translation is available to
the Government’s reply of 20 August 2014.
105. The Rapporteur will make his views on the case known later on, after being able to
read an English version of the reply.
(g)
JUA 23/10/2014 Case No. CHN 9/2014 State Reply: None to date Allegations of arbitrary
detention and enforced disappearance of Ms. Liu Xizhen in connection to her
legitimate human rights activities, and the exercise of her rights to freedom of opinion
and expression and peaceful association.
106. The Special Rapporteur regrets that the Government of China (People’s Republic of)
has not replied to the present communication, thereby failing to cooperate with the mandate
issued by the Human Rights Council in its resolution 25/13, and to comply with its
obligation, under international customary law, to investigate, prosecute and punish all acts
of torture and other cruel, inhuman or degrading treatment or punishment, as codified, inter
alia, in the Convention against Torture (CAT).
107. In the absence of information to the contrary, the Rapporteur concludes that there is
substance in the allegations presented in the initial communication, reiterated above and
thus, that the Government of China (People’s Republic of), by arbitrarily detaining Ms. Liu
Xizhen and repressing her rights to freedom of opinion, expression, and peaceful
association, has violated her right to be free from torture or cruel, inhuman or degrading
treatment, as provided by articles 1 and 16 of the CAT.
(h)
JUA 30/10/2014 Case No. CHN 10/2014 State Reply: 08/12/2014 Allegations
concerning the sentencing of Ms. Liu Ping to six and a half years’ imprisonment, as
well as ill-treatment and denial of medical treatment in detention .
108. The Special Rapporteur thanks the Government of the People’s Republic of China for
its reply, dated 8 December 2014, to the present communication.
109. The Rapporteur takes note of the information provided by the Government that Ms.
Liu Ping’s conviction was upheld on appeal.
110. The Rapporteur finds that the Government in its reply does not sufficiently address
the concerns raised in the initial communication, and therefore fails to fully and
expeditiously cooperate with the mandate issued by the Human Rights Council in its
resolution 25/13. Likewise, it fails to comply with its obligation, under international
customary law, to investigate, prosecute and punish all acts of torture and other cruel,
inhuman or degrading treatment or punishment, as codified, inter alia, in the Convention
against Torture (CAT).
111. In the absence of sufficient evidence to the contrary, the Rapporteur concludes that
there is substance in the allegations presented in the initial communication, reiterated
above, and thus that the Government of the People’s Republic of China, by failing to
investigate allegations of torture, has violated Ms. Liu Ping’s right to be free from torture or
cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT.
Colombia
JUA 23/01/2014 Case No. COL 1/2014 State Replies: 14/04/2014 and 22/04/2014
Alegaciones relativas al peligro inminente de asesinato del Sr. Flaminio Onogama
Gutiérrez, líder del pueblo indígena Embera Chamí, y del asesinato de los Sres. Berlain
19
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