A/HRC/22/53/Add.4 necessary”, and Principle 14 states that “[i]n the dispersal of violent assemblies, law enforcement officials may use firearms only when less dangerous means are not practicable and only to the minimum extent necessary.” The Special Rapporteur notes the insufficiency of the Government‟s response to the allegations that wounded persons, some of whom were wounded critically, were not taken to the hospital. In this context, the Special Rapporteur reminds the Government of Principle 5, which provides that “[w]henever the use of force and firearms is unavoidable law enforcement officials shall, (a) Exercise restraint in such use and act in proportion to the seriousness of the offence and the legitimate object to be achieved; (b) Minimize damage and injury, and respect and preserve human life; (c) Ensure that assistance and medical aid are rendered to any injured or affected persons at the earliest possible moment and (d) Ensure that relatives or close friends of the injured or affected person are notified at the earliest possible moment.” The Special Rapporteur concludes that the rights of those injured or killed during the course of participating in peaceful protests have been violated under international law. The Special Rapporteur calls on the Government to investigate, prosecute and punish those responsible and to provide full redress to the victims and their family members. The Special Rapporteur encourages the Government of China to continue its engagement with the mandate. (c) JUA 24/02/2012 Case No. CHN 3/2012 State reply: None to date or 29/3/2012 Allegations of forced repatriation of a group of citizens from the Democratic People‟s Republic of Korea (DPRK) 22. 22. The Special Rapporteur thanks the Government of China for its reply, dated 29 March 2012, to this communication in reference to the alleged imminent repatriation of 31 Korean citizens to the Democratic People‟s Republic of Korea (DPRK), where they face a risk of detention, torture, and execution. In its reply, the Government described its discovery of and investigations into the detained persons‟ illegal attempts to reach the territory of the Republic of Korea. The Government also notes that because “the DPRK nationals illegally immigrating into China are not “refugees” … the principle of non-refoulement is not applicable here.” The Special Rapporteur regrets that the Government failed to address the concern that the 31 individuals facing imminent repatriation are at a significant risk of detention, torture, and execution in the DPRK. In this context, the Special Rapporteur reminds the Government if its obligation to protect the right to physical and mental integrity of all persons, regardless of immigration status, under the UDHR and the Convention against Torture. The Special Rapporteur would like to draw the Government‟s attention to article 3 of the Convention against Torture, which provides that no State party shall expel, return (“refouler”) or extradite a person to another State where there are substantial grounds for believing that the person would be in danger of being subjected to torture. The Special Rapporteur further notes that paragraph 9 of General Commend No. 20 of the Human Rights Committee states that State parties must not expose individuals to the danger of torture or cruel, inhuman or degrading treatment or punishment upon return to another country by way of extradition, expulsion or refoulement. The Special Rapporteur also draws the attention of the Government to paragraph 16 of the Resolution A/RES/65/206 of the UN General Assembly which urges States “not to expel, return (“refouler”), extradite or in another way transfer a person to another States where there are substantial grounds for believing that the person would be danger of being subjected to torture, and recognizes that diplomatic assurances, where used, do not release States from their obligation under international human rights, humanitarian and refugee law, in particular the principle of non-refoulement.” The Special Rapporteur urges the Government to take all necessary measures to guarantee that the rights and freedoms of the Korean nationals are respected and, if investigations support or suggest the allegations to be correct, to adopt effective measures to prevent repatriation. 13