A/HRC/22/53/Add.4
(d)
JUA 15/05/2012 Case No. CHN 4/2012 State reply: 27/08/2012 Alleged threats and
harassment against a human rights defender and his family and the alleged arbitrary
detention or enforced disappearance of a number of his relatives and supporters.
23. The Special Rapporteur thanks the Government of China for its reply dated 27 August
2012, to this communication referring to the alleged threats and harassment against a human
rights defender and his family, and the alleged arbitrary detention or enforced disappearance
of several of his relatives and supporters. According to the information we received, Mr.
Chen Guangcheng, a human rights attorney, was subjected to extralegal house arrest, and that
various members of his family were threatened, arrested and or victims of enforced
disappearances. The communication also referred to Mr. Jiang Tianyong, a supporter of Mr.
Chen Guangcheng, who was allegedly detained and beaten by police; Mr. Chen‟s son, Chen
Kegui, who is allegedly in custody in the Yinan County Detention Center; and Mr. Chen‟s
counsins, Messers. Chen Guangcun and Chen Hua, who were reportedly arrested and whose
whereabouts are allegedly unknown. In its reply, the Government reported that Mr. Chen
previously served a prison sentence for committing deliberate destruction of property and
organizing a mob to disrupt traffic, from which he was released in September 2010. The
Government further reported that no law enforcement actions were taken against Mr. Chen
since that time, and that he has since relocated to the United States, where he is a student at
New York University. The Governemnt also reported that Mr. Chen‟s son was arrested on 16
April 2012 on charges of wielding a knife against local officials and works, and that an
investigation into his case is pending. Additionally, the Government explained that Mr.
Chen‟s cousins and Mr. Tianyong have not been subjected to any law enforcement measures
or ill-treatment by public service authorities. While the Special Rapporteur appreciates the
Government‟s reply, he would like to remind the Government of the obligation to protect the
right to physical and mental integrity of all persons, which is set forth inter alia in the UDHR
and ICCPR. In this context, the Special Rapporteur reiterates that paragraph 1 of Human
Rights Council Resolution 16/23 “[c]ondemns all forms of torture and other cruel, inhuman
or degrading treatment or punishment, including through intimidation, which are and shall
remain prohibited at any time and in any place whatsoever and can thus never be justified,
and calls upon all States to implement fully the absolute and non-derogable prohibition of
torture and other cruel, inhuman or degrading treatment or punishment.” The Special
Rapporteur urges the Government to take all necessary measures to guarantee that rights and
freedoms of the abovementioned persons are respected, and in the event that its investigations
support or suggest the allegations to be true, the ensure the accountability of any person
responsible for committing the alleged violations.
(e)
JUA 11/07/2012 Case No. CHN 6/2012 State reply: 30/10/2012 Alleged torture in prison
and investigation deficiencies
24. The Special Rapporteur thanks the Government of China for its reply dated 30 October
2012, to this communication referring to the alleged torture and assassination of Mr. Li
Wangyang, a human and labor rights activist who was imprisoned for a total of 23 years. He
allegedly endured the forcible pulling of his teeth, living in a cell measuring 2.5m in height
and width for several months. He was reportedly subjected as well to severe beatings that left
him completely blind and almost deaf. Soon after his release, Mr. Wangyang was found
hanging from his hospital room‟s window, which was allegedly under 24-hour police
surveillance. In its reply the Government informed that immediately after the event,
Shaoyang Cityand Daxiang District‟s public security authorities as well as other relevant
parties have, according to the law, carried out on site and post event investigations. The
authorities have also requested third party post mortem examination by the independent
Forensic Identification Center at the Guang Zhou Zhongshan University. Based on reviews
and verification of the evidence and investigation procedures, a second joint investigation
team has concluded that in line with the conclusion of the Zhongshan University Forensic
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