E/CN.4/2006/6/Add.6
page 32
41
See, e.g., the cases of Yang Zili, Xu Wei, He Depu, Yang Jianli, Jigme Tenzin,
Lobsang Tsuitrim, Jigme Gyatsu, Tohti Tunyaz Mozat, Rebiya Kadeer and Nur Mohammat
Yasin in Appendix 2.
42
Report of the UN Working Group on Arbitrary Detention, Mission to China,
E/CN.4/2005/6/Add.4, para. 23.
43
“Any appeal, accusation or complaint by a criminal must be promptly forwarded without
delay.” See CAT/C/39/Add.2, para. 42.
44
“Any appeal or complaint by an inmate must be promptly forwarded without obstruction or
delay. Any denunciation or accusation concerning an unlawful act by a law enforcement official
must be promptly communicated to a people’s inspectorate”. See CAT/C/39/Add.2, para. 43.
45
“Any accusation or complaint by a detainee must be promptly communicated to a relevant
authority without delay, suppression or obstruction. Any denunciation of or accusation against
a law enforcement official must be communicated by the detention authority to a supervisory
public security organ or people’s inspectorate”. See CAT/C/39/Add.2, para. 44.
46
“Any functionary of a State organ who, abusing his power or using his public office for
private ends, retaliates against or frames up complainants, petitioners, critics or persons who
report against him shall be sentenced to fixed-term imprisonment of not more than two years or
to criminal detention; if the circumstances are serious, he shall be sentenced to fixed-term
imprisonment of not less than two years but not more than seven years.”
47
CAT/C/39/Add.2, para. 67.
48
Came into effect in January 1995.
49
In addition to this figure, it is to be noted that one case sent in 2003 (E/CN.4/2003/68/Add.1
para. 301) detailed the alleged ill treatment and torture of thousands of Falun Gong practitioners.
50
In 36% of responses received, the Government denied that any torture or ill treatment had
taken place and indicated that the facts alleged by the Special Rapporteur were false. Responses
in relation to alleged death in custody accounted for 15% of the replies received. In all but
two of these responses the Government stated that the individual had died due to natural
circumstances. The two exceptions involved suicide and hunger strike. In 20% of the responses
the Government informed that the individual concerned had been released due to completion
of sentence, medical parole, payment of bail and in one case confession. Several responses
reported that the investigations were ongoing or pending.
51
Chen Yunsheng, Towards Human Rights and the Rule of Law - Anti-torture Analysis, China
Social Science Publishing House, September 2003, first edition. See note 53.
52
In early 2005, Chinese reports on two wrongful murder convictions, those of Nie Shubin and
Shi Xianglin elicited a strong reaction in the Chinese news media and prompted public scrutiny
of the criminal justice system. Both cases reportedly involved coerced confessions. As news of
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