E/CN.4/2006/6/Add.6 page 32 41 See, e.g., the cases of Yang Zili, Xu Wei, He Depu, Yang Jianli, Jigme Tenzin, Lobsang Tsuitrim, Jigme Gyatsu, Tohti Tunyaz Mozat, Rebiya Kadeer and Nur Mohammat Yasin in Appendix 2. 42 Report of the UN Working Group on Arbitrary Detention, Mission to China, E/CN.4/2005/6/Add.4, para. 23. 43 “Any appeal, accusation or complaint by a criminal must be promptly forwarded without delay.” See CAT/C/39/Add.2, para. 42. 44 “Any appeal or complaint by an inmate must be promptly forwarded without obstruction or delay. Any denunciation or accusation concerning an unlawful act by a law enforcement official must be promptly communicated to a people’s inspectorate”. See CAT/C/39/Add.2, para. 43. 45 “Any accusation or complaint by a detainee must be promptly communicated to a relevant authority without delay, suppression or obstruction. Any denunciation of or accusation against a law enforcement official must be communicated by the detention authority to a supervisory public security organ or people’s inspectorate”. See CAT/C/39/Add.2, para. 44. 46 “Any functionary of a State organ who, abusing his power or using his public office for private ends, retaliates against or frames up complainants, petitioners, critics or persons who report against him shall be sentenced to fixed-term imprisonment of not more than two years or to criminal detention; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years.” 47 CAT/C/39/Add.2, para. 67. 48 Came into effect in January 1995. 49 In addition to this figure, it is to be noted that one case sent in 2003 (E/CN.4/2003/68/Add.1 para. 301) detailed the alleged ill treatment and torture of thousands of Falun Gong practitioners. 50 In 36% of responses received, the Government denied that any torture or ill treatment had taken place and indicated that the facts alleged by the Special Rapporteur were false. Responses in relation to alleged death in custody accounted for 15% of the replies received. In all but two of these responses the Government stated that the individual had died due to natural circumstances. The two exceptions involved suicide and hunger strike. In 20% of the responses the Government informed that the individual concerned had been released due to completion of sentence, medical parole, payment of bail and in one case confession. Several responses reported that the investigations were ongoing or pending. 51 Chen Yunsheng, Towards Human Rights and the Rule of Law - Anti-torture Analysis, China Social Science Publishing House, September 2003, first edition. See note 53. 52 In early 2005, Chinese reports on two wrongful murder convictions, those of Nie Shubin and Shi Xianglin elicited a strong reaction in the Chinese news media and prompted public scrutiny of the criminal justice system. Both cases reportedly involved coerced confessions. As news of

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