A/HRC/19/61/Add.4
reported that monks in the Kirti Monastery had “engaged in acts aimed at disturbing social
order,” including vandalism and self-immolation, and alleged that some monks “also
frequented places of entertainment, prostitution, alcohol and gambling, and spread
pornographic CD-ROMs” and indicated that the Government had engaged in legal
education in the Kirti Monastery. The Government denied the presence of Mrs. Serkyi and
Mr. Dhonko in Aba Prefecture, and indicated that “news of their death is pure fabrication.”
The Government confirmed that Lobsang Tenzin, Lobsang Choephel and Lobsang Tsepak
were arrested and detained on 27 March, 30 March, and an unspecified date in March,
respectively. However, the Government of China provided no information regarding the
location or duration of detention of the named parties, nor did it provide information
regarding the alleged detentions of Mr. Dhonyoe Dorjee, Mr. Tenzin Gyamtso, an
additional unidentified monk, Mr. Lobsang Ngodup, or Messrs. Palko, Dorjee, A-Dor, or
Woeser Dorjee. The Special Rapporteur considers that the rights of the individuals named
in the communication under the UN Convention against Torture may have been violated,
and calls on the Government to ensure investigation and prosecution of perpetrators and the
provision of redress to all victims. He urges the Government of China to end the practice of
unacknowledged and incommunicado detention.
(f) JAL 28/04/2011 Case No. CHN 10/2011 State reply: 13/06/2011 Alleged torture and
death of Falun Gong detainees.
40.
The Special Rapporteur thanks the Government of China for its response to this
communication regarding the alleged torture and death of Mr. Qin Yueming, Mr. Yu
Yungang, and Mr. Liu Chuanjiang, all Falun Gong practitioners, while in detention. The
Special Rapporteur reiterates that when the State detains an individual, it is held to a
heightened level of diligence in protecting that individual‟s rights. When an individual dies
as a consequence of injuries sustained while in State custody, there is a presumption of
State responsibility. In order to overcome the presumption of State responsibility for a
death resulting from injuries sustained in custody, there must be a “thorough, prompt and
impartial investigation of all suspected cases of extra-legal, arbitrary and summary
executions, including cases where complaints by relatives or other reliable reports suggest
unnatural death in the above circumstances” (Principle 9 of the Principles on the Effective
Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions). These
obligations to investigate, identify those responsible and bring them to justice arise also
under articles 7 and 12 of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment. Regrettably, the Government‟s response failed to
indicate whether investigations into the death of Mr. Qin, Mr. Yu, and Mr. Liu have been
initiated. Accordingly, based on the information received, the Special Rapporteur
determines that the rights of Mr. Qin, Mr. Yu, and Mr. Liu under the UN Convention
against Torture have been violated, and calls on the Government to launch an impartial and
independent investigation into their alleged torture and deaths, leading to prosecution and
punishment of those responsible. The government must also ensure that the families of Mr.
Qin, Mr. Yu, and Mr. Liu obtain redress, including fair and adequate compensation, and as
full rehabilitation as possible.
(g) JUA 11/05/2011 Case No. CHN 13/2011 State reply: 14/07/2011 Alleged new cases of
enforced or involuntary disappearances.
41.
The Special Rapporteur thanks the Government of China for its communication
dated 14 July 2011, in response to the joint urgent appeal letter dated 11 May 2011. The
Government's communication reported that Mr. Zhu Yufu was “detained according to law”
on 5 March 2011 and the investigative organ approved the arrest of 11 April 2011 and the
case is “currently under further investigation”; that Mr. Yuan Xinting is under home arrest
and his case is “currently under further investigation”; and that both are charged with
“subversion of state power.” The Government reported that public security forces have “not
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