A/HRC/22/53/Add.4 China (People‟s Republic of) (a) JUA 06/02/2012 Case No. CHN 1/2012 State reply: 02/04/2012 Alleged sentencing of two human rights to defenders to nine and ten years‟ imprisonment respectively. 20. The Special Rapporteur thanks the Government of China for its response, dated 4 February 2012, in response to the joint urgent appeal letter regarding the pre-trial detention and lengthy prison sentences of Mr. Chen Wei and Mr. Chen Xi. Mr. Chen Wei and Mr. Chen Xi were allegedly denied family visits while held in pre-trial detention. The Special Rapporteur acknowledges recent family visits of both aforementioned individuals, however, expresses grave concern regarding the denial of family visits during pre-trial detention. The Special Rapporteur reiterates Principle 19 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment adopted by the General Assembly on 9 December 1988 which states that, “A detained or imprisoned person shall have the right to be visited by and to correspond with, in particular, members of his family and shall be given adequate opportunity to communicate with the outside word.” Furthermore, the Special Rapporteur expresses concern regarding the physical and psychological security of both aforementioned individuals with respect to their lengthy sentences. The Special Rapporteur concludes that the rights of the aforementioned individuals have been violated in that the denial of family visits of persons in custody constitutes, under these circumstances, cruel, inhuman or degrading treatment in violation of international standards. He urges the Government to ensure continued family visits of both Mr. Chen Wei and Mr. Chen Xi and calls on the Government to protect the right to physical and mental integrity of persons held in detention. The Special Rapporteur encourages the Government of China to continue its engagement with the mandate. (b) JUA 06/02/2012 Case No. CHN 2/2012 State reply: 12/04/2012 Alleged excessive use of force against peaceful protestors in Luhuo, Seda and Tangtang Counties, Sichuan Province, resulting in injuries and deaths. 21. The Special Rapporteur thanks the Government of China for its response, dated 12 April 2012, to the joint urgent appeal regarding the alleged excessive use of force against peaceful protestors in Luhuo, Seda and Rangtang Counties, Sichuan Province, resulting in the death of at least seven persons and severe injuries of over 60 persons. In its reply the Government claims some of the demonstrators in Luhuo “engaged in wanton beating and smashing,” causing damage to buildings. Further, the Government alleges that the demonstrators did not respond to officers‟ attempts to curtail the protest and therefore when the “warning shots proved ineffective, the people‟s police were forced to open fire.” The government acknowledges the casualties and injured persons as a result of the police opening fire. In Seda, the Government claims that Tibetan monks attacked the police station, assaulting people‟s police, soldiers, and firemen on duty, therefore, purportedly mandating the use of force to “uphold public order.” Despite the Government‟s account of the protests as not peaceful, the Special Rapporteur would like to remind the Government that, under international law, excessive use of force and firearms is not permitted when policing peaceful assemblies. Furthermore, the Special Rapporteur reiterates Principle 13 of the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990), which states that “[i]n the dispersal of assemblies that are unlawful but non-violent, law enforcement officials shall avoid the use of force or, where that is not practicable, shall restrict such force to the minimum extent 12

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