A/HRC/25/60/Add.2
has violated its obligations under international law applicable to torture and cruel, inhuman
or degrading treatment or punishment. He also encourages the Government to continue its
engagement with the mandate.
(b)
JUA 08/02/2013 Case No. CHN 2/2013 State reply: 21/03/2013 Alleged risk of imminent
execution without a fair trial and due process guarantees that are granted by
international human rights laws.
35.
The Special Rapporteur thanks the Government of the People’s Republic of China
for its reply, dated 21 March 2013, to this communication in reference to the alleged risk of
imminent execution after proceedings that did not comply with international human rights
laws regarding fair trial and due process guarantees. According to the information received,
on 24 August 2011, Ms. Li Yan, aged 41, was sentenced to death by the Ziyang City
Intermediate People‘s Court for the murder of her husband on 3 November 2010. The
Supreme People‘s Court in Beijing rejected her appeal and she is reportedly at risk of
imminent execution. Allegedly, Ms. Li Yan committed the murder after being subjected to
prolonged domestic violence and the repeated failure of the police authorities to protect her
and investigate the abuses against her. During the legal proceedings conducted against her,
Ms. Li Yan reportedly did not receive adequate legal assistance. The evidence of the
defense was allegedly not given adequate consideration, and the defense witnesses were
reportedly not invited to testify. In this context, the Special Rapporteur reiterates to the
Government of China that in countries that have not abolished the death penalty, capital
punishment may be imposed only following a trial that complied with fair trial and due
process safeguards, as provided in articles 6(2) and 14 of the International Covenant on
Civil and Political Rights (ICCPR). Further, Article 5 of the United Nations Safeguards
Protecting the Rights of those Facing the Death Penalty provides that “Capital punishment
may only be carried out pursuant to a final judgment rendered by a competent court after a
legal process which gives all possible safeguards to ensure a fair trial, at least equal to those
contained in article 14 of the ICCPR, including the right . . . to adequate legal assistance.”
The Special Rapporteur further recalls that Safeguard 4 stipulates that “capital punishment
may be imposed only when the guilt of the person charged is based upon clear and
convincing evidence . . . .” It is reiterated that only full respect for stringent due process
guarantees distinguishes capital punishment as possibly permitted under international law
from a summary execution. The Special Rapporteur additionally points to paragraph 18 of
the General Comment No. 2 of the Committee against Torture which requires State
authorities to diligently prevent, investigate, prosecute, and punish acts of torture or illtreatment committed by non-State officials or private actors or bear responsibility for
consenting to or acquiescing in such impermissible acts. The Special Rapporteur urged the
Government to take all necessary measures to guarantee that the rights and freedoms of Ms.
Li Yan are respected and, in the event that your investigations support or suggest the stated
allegations are correct, the accountability of any person responsible is ensured. It is further
requested, that in the future effective measures are adopted to prevent the recurrence of
these acts.
(c)
JUA 26/03/2013 Case No. CHN 3/2013 State Reply: 28/05/2013 Alleged detention and
torture of peaceful protesters in the Tibetan Autonomous Region.
36.
The Special Rapporteur thanks the Government of the People’s Republic of China
for its reply, dated 28 May 2013, to this communication in reference to the alleged arrest of
six Tibetan peaceful demonstrators in Zuogang (Tibetan: Dzogang) county in the Tibet
Autonomous Region (TAR); the detention of six monks from the Drakdeb monastery in
Mangkang (Tibetan: Markham) county, Qamdo (Tibetan: Chamdo) Prefecture, TAR; the
detention and sentencing of a Tibetan student in the city of Lhasa, capital of the TAR; the
arrest of five monks, and conviction of three of them, in Chenduo (Tibetan: Tridu) county
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