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.

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