E/CN.4/2006/6/Add.6
page 41
Appendix 2
Places of detention - Individual cases
1.
The following accounts are based on allegations by detainees while being interviewed by
the Special Rapporteur. The Government has not yet provided information on these cases or
responded to the recommendations of the Special Rapporteur.
A. Beijing
Beijing Prison No. 2 (Visited on 22 and 24 November 2005)
2.
The Special Rapporteur was informed by a number of detainees that, even after persons
who have not confessed to an offence have been convicted and sentenced, they are subject to
restrictions within the prison, such as limited or restricted access to telephone or family visit
privileges until they confess, or are provided the incentive of a reduced sentence if they confess.
3.
Hu Shigen, aged 50. Founding member of “China Freedom and Democracy Party” and
“China Free Labour Union,” convicted of “organizing and leading a counterrevolutionary group”
and “counterrevolutionary propaganda and incitement” by the Beijing Intermediate People’s
Court and sentenced on June 14, 1995 to 20 years’ imprisonment. Currently serving sentence in
Beijing No. 2 Prison. He is due for release on May 26, 2012. Detained on 27 May 1992 and
formally arrested on 27 September 1992, he was interrogated between July and August 1992 in
Section 7 of the Beijing Public Security Second Bureau. Each interrogation lasted for prolonged
periods of time, one session in particular lasting for 20 hours, without a recess. He stated that he
had not been tortured during the three years in the detention centre although he did sustain a
minor injury during a ‘conflict’ with the court clerk. After this ‘conflict’ he was handcuffed
behind his back and thrown off a truck. He mentioned this incident in court. When questioned
by the Special Rapporteur about any allegations of ill-treatment during interrogation, he was
reluctant to discuss this. Despite being put under pressure to do so, he did not confess for the
first 12 years of his detention. For this reason he was treated differently from other inmates in
terms of family reunion and telephone call privileges. He eventually confessed in April 2003 as
he felt that his situation was helpless, and he wanted to receive a reduced sentence, though no
reduction has been granted to date. In the past two years he has not been allowed to make any
phone calls. He has seen his daughter twice since he was detained, in 2004 and 2005. He
receives visits from his brother. He is allowed to write letters. He complains of heart problems,
hypertension, nasal/respiratory tract problems, back pains and numbness on the right side of his
body. While treatment is provided by prison medical staff, the medications available and the
services are limited. The Special Rapporteur recommends that he be granted the same
rights as other prisoners, in particular concerning the right to phone calls with family
members etc. The fact that a person has not confessed should not be used as an excuse to
impose additional punishment on a detainee such as refusal of the right to access with the
outside world. He should be ensured access to adequate medical care including
appropriate medication. Taking into account that the above-mentioned person was
sentenced for political crimes which were removed from China’s Criminal Law in 1997,
the Special Rapporteur appeals to the Government that he be immediately released.
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