E/CN.4/2006/6/Add.6
page 18
imprisoned for non-violent related offences (e.g. leading a counter-revolutionary group,
engaging in counter-revolutionary propaganda and incitement) would be a milestone in China’s
effort to ratify the ICCPR.
61.
After the 1997 changes, political dissidents, journalists, writers, lawyers, human rights
defenders, Falun Gong practitioners, and members of the Tibetan and Uighur ethnic, linguistic
and religious minorities were often prosecuted as a result of having exercised their human rights
to freedom of speech, assembly, association or religion. They are often sentenced to long prison
terms for political crimes such as endangering national security through undermining the unity of
the country, subversion or unlawfully supplying State secrets to individuals outside the
country.68 Although many of these prisoners deny having committed any wrongful act and,
therefore, do not confess during trial (often despite undergoing torture), they sometimes change
their mind after having been subjected to forced re-education while serving their prison
sentences. If politically deviant and dissident behaviour is not subjected to criminal sanctions,
the respective target groups, such as Falun Gong practitioners and human rights defenders, are
often subjected to years of administrative detention, such as RTL, for having disturbed the social
order or similar petty offences.
62.
Many prisoners serving sentences for political crimes and detainees subjected to RTL
who submitted complaints to the Special Rapporteur or whom he personally met in detention,
claimed that the disproportionate, discriminatory and unjust deprivation of personal liberty (often
for a very long period of time) together with the forced re-education system to which they were
subjected caused more severe pain and suffering than the physical torture they might have
endured during interrogation by the police. Indeed, some of these measures of re-education
through coercion, humiliation and punishment aim at altering the personality of detainees up to
the point of even breaking their will.
63.
In response to the Special Rapporteur’s characterization of forced re-education as a form
of inhuman or degrading treatment, the Chinese authorities advanced several arguments in
written comments of 25 January 2006 on the preliminary draft report, including that re-education
is premised on helping detainees re-enter society and that since many detainees “are led to a life
of crime because they love leisure and hate labour and resort to illegal means to gain others’
property”, prisons and re-education through labour facilities organize appropriate work “in order
to cultivate abilities and habits of self-reliance and prevent problems such as poor mental health
because they have nothing to do”. Furthermore, the Special Rapporteur was informed that, in
order to further enforce the law in a civilized manner, China’s Ministry of Justice Prison Bureau
has begun training psychotherapists in the prison system with national professional accreditation
in order to prevent and eliminate torture of prison inmates. According to China, “at present
nearly 90 per cent of China’s prisons have begun this work and more than 1,000 prison system
psychotherapists have already been trained”.69
64.
In the opinion of the Special Rapporteur, methods used in the system of RTL in China,
and similar methods of re-education in prisons, pretrial detention centres, and other institutions
often go beyond legitimate rehabilitation measures provided for in article 10 of the ICCPR.
Indeed, some of these measures strike at the very core of the human right to personal integrity,
dignity and humanity, as protected by articles 7 and 10 of the ICCPR, as well as articles 1 and 16
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