A/HRC/28/68/Add.1
89. In the absence of information to the contrary, the Rapporteur concludes that there is
substance in the allegations presented in the initial communication, reiterated above, and
thus, that the Government of Cambodja, by failing to protect the physical and psychological
integrity of the protesters and ensure adequate detention conditions, including refraining
from incommunicado detention, has violated the right of these individuals to be free from
torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the
CAT.
China
(a)
JUA 24/12/2013 Case No. CHN 14/2013 State Reply: 21/02/2014 Allegations concerning
the situation of Ms. Liu Xia, Chinese national and wife of Nobel Peace Prize winner,
Mr. Liu Xiaobo.
90. The Special Rapporteur thanks the Government of China for its reply, dated
21.02.2014, to the present communication.
91. The Rapporteur finds that the Government, in its reply, does not sufficiently address
the concerns, legal obligations, and questions raised in the initial communication, which
prompts him to infer that the Government fails to fully and expeditiously cooperate with the
mandate issued by the Human Rights Council in its resolution 25/13, as well as to comply
with its obligation, under international customary law, to investigate, prosecute and punish
all acts of torture and other cruel, inhuman or degrading treatment or punishment, as
codified, inter alia, in the Convention against Torture (CAT).
92. In the absence of convincing information to the contrary, the Rapporteur concludes
that there is substance in the allegations presented in the initial communication, reiterated
above, and thus, that the Government of China, by failing to protect the physical and
psychological integrity of Ms. Liu Xia, including by denying her access to adequate
medical attention, has violated her right to be free from torture or cruel, inhuman or
degrading treatment, as codified, inter alia in the articles 1 and 16 of the CAT
(b)
JUA 04/03/2014 Case No. CHN 2/2014 State Reply: None to date Allegations concerning
the deteriorating health of Ms. Cao Shunli while in detention.
93. The Special Rapporteur regrets that the Government of China has not replied to the
present communication, thereby failing to cooperate with the mandate issued by the Human
Rights Council in its resolution 25/13, and to comply with its obligation, under
international customary law, to investigate, prosecute and punish all acts of torture and
other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the
Convention against Torture (CAT).
94. In the absence of information to the contrary, the Rapporteur concludes that there is
substance in the allegations presented in the initial communication, reiterated above, and
thus, that the Government of China, by failing to protect the physical and psychological
integrity of Ms. Cao Shunli, including by denying her access to adequate medical attention,
has violated her right to be free from torture or cruel, inhuman or degrading treatment, as
codified, inter alia in the articles 1 and 16 of the CAT.
(c)
JUA 01/04/2014 Case No. CHN 3/2014 State Reply: 30/05/2014 Allegations of
incommunicado detention of human rights lawyer Mr. Gao Zhisheng.
95. The Special Rapporteur thanks the Government of China for its reply, dated
30.05.2014, to the present communication.
17
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