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
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