The State party should give prompt consideration to expanding the recruitment of persons belonging
to ethnic minorities into law enforcement.
3. Allegations concerning Falun Gong practitioners
(25) While noting the State party’s information about the 2006 Temporary Regulation on Human Organ
Transplants and the 2007 Human Organ Transplant Ordinance, the Committee takes cognizance of the allegations
presented to the Special Rapporteur on the question of torture who has noted that an increase in organ transplant
operations coincides with “the beginning of the persecution of (Falun Gong practitioners)” and who asked for “ a
full explanation of the source of organ transplants” which could clarify the discrepancy and disprove the allegation
of organ harvesting (A/HRC/7/3/Add.1). The Committee is further concerned with information received that Falun
Gong practitioners have been extensively subjected to torture and ill-treatment in prisons and that some of them
have been used for organ transplants (arts. 12 and 16).
The State party should immediately conduct or commission an independent investigation of the claims
that some Falun Gong practitioners have been subjected to torture and used for organ transplants and
take measures, as appropriate, to ensure that those responsible for such abuses are prosecuted and
punished.
4. Non-refoulement and risk of torture
(26) The Committee is greatly concerned by allegations that many individuals have been forcibly returned to the
Democratic People’s Republic of Korea, without any examination of the merits of each individual case, and
subsequently been subjected to torture or cruel, inhuman or degrading treatment or punishment by the authorities.
The Committee notes with concern that these individuals are referred to by the State party as “illegal immigrants” or
“snakeheads” and that such labels presume that these individuals are not deserving of any protection. Similarly,
persons extradited to and from neighbouring States do not benefit from legal safeguards against return despite the
risk of torture. The Committee is further concerned by the failure of the State party to clarify how it includes in its
national laws or practice the prohibition on returning a person to a country where he or she faces a substantial risk of
torture, and hence how the State party ensures that its obligations under article 3 of the Convention are fulfilled
(art. 3).
Under no circumstances should the State party expel, return or extradite a person to a State where
there are substantial grounds for believing that the person would be in danger of being subjected to
torture.
When determining the applicability of its obligations under article 3 of the Convention, the State party
should establish an adequate screening process for status determination in order to determine whether
persons subject to return may face a substantial risk of torture, particularly in view of the fact that it is
reportedly a criminal offence to depart unofficially from the Democratic People’s Republic of Korea,
and should provide the Office of the United Nations High Commissioner for Refugees with access to
the border region and persons of concern. In the light of the large numbers of citizens of the above
State who have crossed into China, the State party needs to be more active in ensuring that the
obligations of article 3 are fully met. The State party should also ensure that adequate judicial
mechanisms for the review of decisions are in place and sufficient legal defence available for each
person subject to extradition, and ensure effective post-return monitoring arrangements.
The State party should provide data on the number of persons expelled or returned to neighbouring
States.
The State party should pursue its efforts to adopt appropriate legislation to fully incorporate into
domestic law its obligation under article 3 of the Convention, thereby preventing any persons from
being expelled, returned or extradited to another State where there are substantial grounds for
believing that he or she would be in danger of being subject to torture.
24
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents