A/HRC/19/61/Add.4
Encargados de Hacer Cumplir la Ley. 1 El Relator Especial solicita al Gobierno que
proporcione información detallada, así como los resultados si están disponibles, de
cualquier investigación, examen médico y judicial u otro tipo de pesquisa que se haya
llevado a cabo respecto a la herida sufrida por el Sr. Pantoja durante su arresto.
China
(a) JUA 07/12/2010 Case No. CHN 29/2010 State reply: None to date Alleged crackdown on
human rights defenders in China following the awarding of the 2010 Nobel Peace
Prize to Mr. Liu Xiaobo.
35.
The Special Rapporteur regrets that the Government of China has not responded to
this communication, thereby failing to cooperate with the mandate issued by the Human
Rights Council. The communication referred to an alleged crackdown on human rights
defenders in China following the award of the 2010 Nobel Peace Prize to Mr. Liu Xiaobo,
including specific acts of physical and psychological mistreatment. The Special Rapporteur
notes that paragraph 8(a) of Human Rights Council Resolution 16/23 of 12 April 2011,
which reminds States that “[i]ntimidation and coercion, as described in article 1 of the
Convention against Torture, including serious and credible threats, as well as death threats,
to the physical integrity of the victim or of a third person can amount to cruel, inhuman or
degrading treatment or to torture.” Without any evidence to the contrary, the Special
Rapporteur determines that it is likely that rights of the named human rights defenders
under the UN Convention against Torture have been violated, and calls on the Government
to ensure investigation and prosecution of perpetrators and the provision of redress to all
victims.
(b) JUA 08/02/2011 Case No. CHN 2/2011 State reply: None to date Alleged arbitrary
arrest, torture and harassment of a Christian human rights lawyer.
36.
The Special Rapporteur regrets that the Government of China has not responded to
this communication, thereby failing to cooperate with the mandate issued by the Human
Rights Council. The communication referred to allegations of arbitrary arrest, torture and
harassment of Dr. Fan Yafeng, a Christian human rights lawyer. The Special Rapporteur
reiterates that paragraph 8(b) of Human Rights Council Resolution 16/23 of 12 April 2011
asserts that “[p]rolonged incommunicado detention or detention in secret places can
facilitate the perpetration of torture and other cruel, inhuman or degrading treatment or
punishment and can in itself constitute a form of such treatment, and urges all States to
respect the safeguards concerning the liberty, security and the dignity of the person and to
ensure that secret places of detention and interrogation are abolished.” Moreover, with
respect to the allegations that Mr. Yafeng was threatened by the police with disappearance,
prosecution and punishment, the Special Rapporteur asserts that paragraph 8(a) of Human
Rights Council Resolution 16/23, which reminds States that “[i]ntimidation and coercion,
as described in article 1 of the Convention against Torture, including serious and credible
threats, as well as death threats, to the physical integrity of the victim or of a third person
can amount to cruel, inhuman or degrading treatment or to torture.” Based on the
information received, the Special Rapporteur determines that the rights of Mr. Fan under
the UN Convention against Torture have been violated. The Special Rapporteur calls on the
Government to immediately investigate all allegations of torture and other forms of illtreatment, and ensure that perpetrators are prosecuted. Moreover, the Government must
1
Por razón de la discrepencia que existe entre las versiones en inglés y en español de dicho Principio,
el Relator Especial aclara que hace referencia a la version inglesa.
17
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