A/HRC/22/53/Add.4
Identification Center, Li Wangyang committed suicide by hanging himself. Furthermore the
Government explains that Li Wangyanghas not received inhuman treatment during his
incarceration but suffered from multiple serious illnesses prior to his arrest. According to the
Government, the hospital diagnosed hyperthyroidism, thyroid heart disease, and secondary
blindness in both eyes and deafness. After various treatments, his situation has shown slight
improvement. Finally, the Government informed that Li Wangyang‟s relatives enjoy freedom
of movement and have not been arrested or incarcerated. After the Li Wangyang incident,
Li‟s relatives issued a written statement to the public stating that they do not wish to interact
with the outside world and that they do not wish to be disturbed and give any interviews. The
Special Rapporteur reiterates paragraph l of Human Rights Council Resolution 16/23, which
“[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.” Based on the information received, the
Special Rapporteur determines that the cause of death of Mr. Wangyang has been
investigated by the Government. However, no substantive explanation with regard to the
allegations of torture and ill-treatment during the 23 years of incarceration has been provided
by the Government. The Special Rapportuer determines that in absence of evidence ot the
contrary international standards prohibiting torture and cruel, inhuman or degrading treatment
or punishment have been violated. The Special Rapporteur calls on the Government to
immediately conduct a full investigation and prosecution of those responsible.
(f)
JUA 13/07/2012 Case No. CHN 7/2012 State reply: 28/09/2012 Alleged arbitrary
deprivation of liberty and ill-treatment of 17 year old girl
25. The Special Rapporteur thanks the Government of China for its reply, dated September
28, 2012, to this communication in reference to the alleged arrest and beating of Ms. X by
security personnel during a peaceful protest. However, the Government‟s reply did not
address Ms. X‟s case, claiming that another young woman of Tibetan origin and of similar
name but 19 years of age was indeed arrested in Szechuan for calling for the independence of
Tibet. The government acknowledged that this other woman sustained a light injury in the
course of the arrest. In the absence of other information, the Special Rapporteur finds that
Ms. Dolma, an under-age young woman, was indeed detained and mistreated in the
circumstances mentioned. The Special Rapporteur recalls article 37(b) of the Convention on
the Rights of the Child (CRC) “[n]o child shall be deprived of his or her liberty unlawfully or
arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the
law and shall be used only as a measure of last resort and for the shortest appropriate period
of time”. In addition, paragraph l 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.” Based on the information received, the Special Rapporteur
determines that Ms. X‟s rights under the UN Convention against Torture and under the
Convention on the Rights of the Child were violated, and calls on the Government to release
Ms. X immediately, undertake a prompt and impartial investigation of the alleged torture
leading to prosecution and punishment of perpetrators, and to provide full redress to Ms. X.
(g)
JAL 16/08/2012 Case No. CHN 9/2012 State reply: 28/09/2012 Alleged torture by
detention personnel
26. The Special Rapporteur thanks the Government of China for its reply, dated 28
September 2012, to this communication in reference to the alleged torture and arbitrary
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