E/CN.4/2006/6/Add.6
page 19
of the CAT. RTL constitutes not only a serious violation of the human right to personal
liberty, but can also be considered as a form of inhuman and degrading treatment or
punishment, if not mental torture. RTL and similar measures of forced re-education in prisons,
pretrial detention centres, religious institutions and psychiatric hospitals should therefore be
abolished.
65.
The human rights to privacy, freedom of expression, religion, assembly and association
lie at the very heart of a democratic society, which, according to its White Paper on Democracy,
China has committed itself to achieve.70 Under international human rights law, Governments
can only interfere with the expression of political opinions, religious convictions, moral values or
minority views when they constitute incitement to hatred or violence or a direct threat to national
security or public safety in the country. A system of State surveillance of citizens with
non-conformist views and with severe punishments for such “deviant behaviour”, such as
long-term prison sentences for vaguely defined crimes, including endangering national security,
undermining the unity of the country, subverting State power, or unlawfully supplying State
secrets to individuals outside the territory, as well as subjecting them to RTL, seems to be
incompatible with the core values of a society based upon a culture of human rights and leads to
intimidation, submissiveness, self-censorship and a “culture of fear”, which in turn interferes
with the right not to be subjected to inhuman and degrading treatment or punishment.
V. CONDITIONS IN DETENTION
In general
66.
The Special Rapporteur visited a total of 10 detention facilities. As is the usual practice,
during visits to places of detention, the Special Rapporteur held private interviews with detainees
(summaries of which are included in appendix 2). However, he observed that a considerable
number of detainees that were approached for interviews did not express a willingness to speak
with the Special Rapporteur, and several of those who did requested absolute confidentiality.
Consequently, the information contained in appendix 2 does not reflect the full situation, as a
significant amount of the information on torture practices was received in confidence.
67.
In general, the Special Rapporteur found that although the specific conditions of the
facilities varied, in terms of basic conditions, such as food, medicine and hygiene, they were
generally satisfactory (detailed findings on conditions in detention are listed for each facility
visited in appendix 2). However, the Special Rapporteur noticed a palpable level of fear when
talking to detainees. He also was struck by the strict level of discipline exerted on detainees in
different facilities. Time and again, he entered cells and found all detainees sitting cross-legged
on a mattress or in similar forced positions reading the CL or prison rules. According to
information provided by detainees, such forced re-education, in particular in pretrial detention
centres, goes on for most of the day. It is usually conducted on the order of one of the fellow
detainees who is considered “chief” of the cell. There is very little privacy and opportunity for
individual recreation, such as reading a book, etc. Even when serving long prison sentences,
persons convicted of political offences usually have no right to work and very little time for
recreation. They are not allowed to practise their religion (e.g. Buddhism in Tibet, Islam in
Xinjiang).
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