E/CN.4/2006/6/Add.6
page 6
7.
A preliminary version of this report was sent on 3 January 2006 to the Government for
comments. On 25 January 2006 the Government provided detailed comments on the preliminary
report, which have been carefully studied and taken into account.
8.
The Special Rapporteur extends his appreciation for the support provided to him by the
United Nations Resident Coordinator, Mr. K. Malik; the Office of the High Commissioner for
Human Rights; and Ms. N. Hughes and Ms. E. McArthur, of the Ludwig Boltzmann Institute of
Human Rights.
I. PARTICULAR CIRCUMSTANCES OF FACT-FINDING
9.
The Special Rapporteur wishes to express his deep appreciation to the Government, and
in particular the Ministry of Foreign Affairs, for its professionalism, cooperation and shared
commitment to the objectives of the mission. The Ministry of Foreign Affairs team, headed by
Dr. Shen Yongxiang, accompanied the Special Rapporteur throughout the visit to official
meetings and detention facilities. The Special Rapporteur credits the Ministry for its great
efforts in ensuring that the mission proceeded as smoothly as possible and that his terms of
reference (TOR) were in principle respected. All meetings with detainees were carried out in
privacy and in locations designated by the Special Rapporteur. No request for a meeting or
interviewing of a particular individual nor for a visit to any particular detention centre was
refused. Prison staff were generally cooperative and helped the Special Rapporteur meet with
prisoners on his list, even those who had been transferred to different facilities.
10.
The Special Rapporteur feels, however, compelled to point out that security and
intelligence officials attempted to obstruct or restrict his attempts at fact-finding, particularly at
the outset of the visit when his team was followed in their Beijing hotel and its vicinity.
Furthermore, during the visit a number of alleged victims and family members, lawyers and
human rights defenders were intimidated by security personnel, placed under police surveillance,
instructed not to meet the Special Rapporteur, or were physically prevented from meeting with
him.2
11.
Prison officials restricted interviews to their own working hours, which limited the
number of facilities visited and detainees interviewed. The Special Rapporteur and his team
were also prevented from bringing photographic or electronic equipment into prisons.
Furthermore, as the Special Rapporteur was unable to obtain a letter of authorization from the
relevant authorities to visit detention centres alone (in contrast to his previous country visits),
officials from the Ministry of Foreign Affairs accompanied him to detention centres to ensure
unrestricted access. As the authorities were generally informed approximately an hour in
advance, the visits could not be considered to have been strictly “unannounced”. Nonetheless,
this practice significantly improves upon the modalities employed in previous visits to China of
the special procedures of the Commission on Human Rights.
12.
Under these conditions, and taking into account the size and complexity of China as well
as the limited duration of the mission, the Special Rapporteur acknowledges the limitations in
drawing up a comprehensive set of findings and conclusions on the situation of torture and
ill-treatment in China. His conclusions therefore also draw upon interviews conducted before his
visit, as well as on information received through the mandate’s individual communication
procedures and from various non-governmental and other sources.