A/HRC/22/53/Add.4
necessary”, and Principle 14 states that “[i]n the dispersal of violent assemblies, law
enforcement officials may use firearms only when less dangerous means are not practicable
and only to the minimum extent necessary.” The Special Rapporteur notes the insufficiency
of the Government‟s response to the allegations that wounded persons, some of whom were
wounded critically, were not taken to the hospital. In this context, the Special Rapporteur
reminds the Government of Principle 5, which provides that “[w]henever the use of force and
firearms is unavoidable law enforcement officials shall, (a) Exercise restraint in such use and
act in proportion to the seriousness of the offence and the legitimate object to be achieved;
(b) Minimize damage and injury, and respect and preserve human life; (c) Ensure that
assistance and medical aid are rendered to any injured or affected persons at the earliest
possible moment and (d) Ensure that relatives or close friends of the injured or affected
person are notified at the earliest possible moment.” The Special Rapporteur concludes that
the rights of those injured or killed during the course of participating in peaceful protests
have been violated under international law. The Special Rapporteur calls on the Government
to investigate, prosecute and punish those responsible and to provide full redress to the
victims and their family members. The Special Rapporteur encourages the Government of
China to continue its engagement with the mandate.
(c)
JUA 24/02/2012 Case No. CHN 3/2012 State reply: None to date or 29/3/2012 Allegations
of forced repatriation of a group of citizens from the Democratic People‟s Republic of
Korea (DPRK)
22. 22. The Special Rapporteur thanks the Government of China for its reply, dated 29
March 2012, to this communication in reference to the alleged imminent repatriation of 31
Korean citizens to the Democratic People‟s Republic of Korea (DPRK), where they face a
risk of detention, torture, and execution. In its reply, the Government described its discovery
of and investigations into the detained persons‟ illegal attempts to reach the territory of the
Republic of Korea. The Government also notes that because “the DPRK nationals illegally
immigrating into China are not “refugees” … the principle of non-refoulement is not
applicable here.” The Special Rapporteur regrets that the Government failed to address the
concern that the 31 individuals facing imminent repatriation are at a significant risk of
detention, torture, and execution in the DPRK. In this context, the Special Rapporteur
reminds the Government if its obligation to protect the right to physical and mental integrity
of all persons, regardless of immigration status, under the UDHR and the Convention against
Torture. The Special Rapporteur would like to draw the Government‟s attention to article 3 of
the Convention against Torture, which provides that no State party shall expel, return
(“refouler”) or extradite a person to another State where there are substantial grounds for
believing that the person would be in danger of being subjected to torture. The Special
Rapporteur further notes that paragraph 9 of General Commend No. 20 of the Human Rights
Committee states that State parties must not expose individuals to the danger of torture or
cruel, inhuman or degrading treatment or punishment upon return to another country by way
of extradition, expulsion or refoulement. The Special Rapporteur also draws the attention of
the Government to paragraph 16 of the Resolution A/RES/65/206 of the UN General
Assembly which urges States “not to expel, return (“refouler”), extradite or in another way
transfer a person to another States where there are substantial grounds for believing that the
person would be danger of being subjected to torture, and recognizes that diplomatic
assurances, where used, do not release States from their obligation under international human
rights, humanitarian and refugee law, in particular the principle of non-refoulement.” The
Special Rapporteur urges the Government to take all necessary measures to guarantee that the
rights and freedoms of the Korean nationals are respected and, if investigations support or
suggest the allegations to be correct, to adopt effective measures to prevent repatriation.
13
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents