E/CN.4/2006/6/Add.6
page 38
seriously investigate and handle them, even to the point of taking the defense of the offenders.
“They believed that the use of torture was just mistakes relating to work methods and was
problems difficult to avoid if one wanted to do a good job. They often belittled the importance
of it all. Even when there was penalty, it was lenient.”
66
The Special Rapporteur was informed, for example, that in Prison No. 4 in Urumqi, the
procurators have not received a single torture complaint during the last decade. In the Tibetan
Autonomous Region, he was told that no complaint had been received since 2003 and in the
Beijing No. 2 Municipal Detention Centre, none were received since its establishment in
June 2004. In the Xinjiang Uighur Autonomous Region, two cases of torture were established
by the courts since 2000, and in the Tibet Autonomous Region one such case had been
confirmed. The Deputy Procurator-General informed the Special Rapporteur that only 33 law
enforcement officials had been prosecuted for torture throughout the country during the first
nine months of 2005. In addition, the Government in its comments of 25 January 2006 provided
the Special Rapporteur with the following statistical information:
Cases prosecuted for
coercive interrogation
2000
2001
2002
2003
2004
137
101
55
52
53
Individuals
convicted
121
81
44
60
82
Cases prosecuted for “subjecting
imprisoned persons to corporal
punishment”
52
38
30
32
40
Individuals
convicted
23
34
18
27
40
According to the 2005 SPP’s report to the NPC presented on 9 March 2005 (covering the
year 2004), 1595 civil servants had been investigated for suspected criminal activity in cases
involving “illegal detention, coercion of confessions, using violence to obtain evidence, abuse of
detainees, sabotaging elections, and serious dereliction of duty resulting in serious loss of life or
property.” The report goes on to note that this is a 13.3 percent increase over the previous year’s
totals and that the SPP personally investigated 82 of the most serious cases. No information is
provided, however, on the number of convictions. When compared with other national statistics,
the figures for 2005 as well as the earlier statistics are certainly the tip of the iceberg in a country
the size of China. http://www.spp.gov.cn/site2005/scripts/listSub.asp?cl=9201.
67
Cf., e.g., the case of Hu Shigen in Appendix 2.
68
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.
69
In response to the Special Rapporteur’s characterisation of Re-Education through Labour as
inhuman or degrading treatment, the host authorities wished to advance the following arguments:
“First, reform and re-education are premised on helping detainees re-enter society. Since many
detainees’ legal knowledge and cultural level is relatively low, detention facilities organize
education in legal knowledge, morals, current affairs, and cultural knowledge in order to raise
their legal perception and cultural level. Second, for those detainees who render meritorious
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