Steps taken in previous years
Situation in during visit in 2005 (See A/HRC/4/33/Add.2, A/HRC/7/3/Add.2,
Information received in the
(See E/CN.4/2006/6/Add.6)
A/HRC/10/44/Add.5 and A/HRC/16/52/Add.2)
reporting period
Xiaobo, among others. It is alleged that the
Government campaign of ―transformation‖ of Falun
Gong practitioners in detention, aimed at forcing
them to submit and renounce their beliefs, and similar
efforts to coerce Tibetans to denounce the Dalai
Lama, are allegedly core features of the
Government‘s campaign against those groups they
perceive as subversive, and should also be viewed as
a form of mental torture.
1)
Reportedly, the range of the purposes of torture is
restrictive. Chinese laws and regulations refer most
often to torture for the purpose of coercing a
confession or collecting information, as in Article 43
of the Criminal Procedure Law which prohibits the
extortion of confessions or obtaining evidence
through torture. This reportedly does not extend to the
use of torture for other purposes including ―coercing
him or a third person‖ which in the Chinese context
would cover practices such as coercing an individual
to abandon his or her beliefs, religious or otherwise,
nor for ―any other reason based on discrimination of
any kind.‖ It is alleged that this would, for instance,
exclude the mental and physical torture aimed at
coercing individual detainees to renounce their faith
or denounce their religious leaders, such as the
―transformation‖ of Falun Gong practitioners in
detention, or coercion of Tibetan detainees to
denounce the Dalai Lama. According to testimonies
received by NGOs, the mental torture associated with
this process is, for some individuals, worse than the
physical torture they may have to endure.
Reportedly, provisions criminalising torture and other
ill-treatment in Chinese law are restrictive in that they
do not include temporary or quasi-governmental
actors or non-governmental actors operating with the
complicity, consent or acquiescence of a public
official. This reportedly precludes the expanding use
A/HRC/19/61/Add.3
6
Recommendation
(E/CN.4/2006/6/Add.6)