E/CN.4/1993/26
page 27
6.
Chinese legislation also stipulates that individuals who have
suffered injury owing to violations of their civil rights by State organs
or State employees are legally entitled to seek compensation. Article 41
of the Constitution states: Citizens who have suffered losses through
infringement of their civic rights by any State organ or functionary have
the right to compensation in accordance with the law. Article 67 of the
Administrative Suits Act states: If the lawful rights and interests of
any citizen, body corporate or other organization are violated or injured
as a result of a specific administrative act by an administrative body or
employee thereof, that individual, body corporate or other organization
shall be entitled to seek compensation. Article 42 of the Public Order
Regulations states: If the penalty imposed on a citizen by the public
security organs for a breach of public order is incorrect, the error must
be acknowledged to the injured party and any confiscated property must be
restored; where the injured party's lawful rights and interests have
suffered, compensation must be made for the loss.
China is currently stepping up the preparatory work for and
formulation of a compensation act. Before this act is finalized, the
most important items of torture victims' claims for compensation, such as
medical expenses, lost earnings, supplementary food costs and so forth,
after approval by administrative and law enforcement authorities, can be
negotiated or ruled on by an administrative body; alternatively the
courts can hear a civil or administrative suit in conjunction with
criminal proceedings and issue a compensation order.
7.
The Chinese law enforcement authorities have always upheld
criminals' legal rights and afforded them humane treatment. The
accusation in the enclosure to your letter that torture in Tibet and
other parts of China is "routine" is entirely unfounded. The list of
cases detailing all manner of cruel ill-treatment and torture inflicted
on criminals is nothing but fictitious and malicious rumours".
(b)
Individual cases transmitted to the Government
81.
Sonam Dolkar was arrested without a warrant on 29 July 1990 by a group of
approximately 20 policemen who also searched her house in Lhasa. She was then
taken to Seitru prison (Prison Section No. 4, part of the Sangyip prison
complex). From 2 August 1990 she was stripped naked and given electric shocks
or other forms of torture every second day for six months. She was also
sexually violated with an electric baton. She received no medical treatment
until February 1991, when a prison doctor warned that she was close to death
and the torture sessions stopped. She was not allowed out of her cell at any
time and never saw other prisoners. She was not provided with a mattress or
blanket.
82.
The Government reported that Sonam Dolkar was investigated in July 1990
in accordance with the law for supplying information to an enemy agency
outside the country and engaging in illegal activities with a view to the
overthrow of the Government. As she acknowledged her guilt and her behaviour
was good, she was able to confess her crime of her own volition and undertook
not to transgress again. The Chinese public security organs on
17 January 1991 showed leniency as provided by law and ordered her release.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents