A/HRC/16/53/Add.1
Xiaojun was taken into another special interrogation room in the Detention Center and was
interrogated non-stop by a team of policemen from 5:45 p.m. on 18 January 2010 to 2:30
p.m. the following day without being allowed to sleep. The police allegedly forced him to
confess through sleep deprivation and by refusing to provide him with food. When Guo
Xiaojun tried to support his head with his hands, the police officer violently pushed away
his hands. Furthermore, the police reportedly threatened to arrest his wife Xu Wenxin, who
is also a Falun Gong practitioner, and to send their young child back to his hometown if
Guo Xiaojun did not confess.
57.
In February 2010, his defense attorney terminated the contract with Guo Xiaojun
allegedly under the threats of the Beijing Judicial Bureau. One official of the Beijing
Judicial Bureau had reportedly warned the defense attorney that he could no longer practice
as a lawyer if he continued to represent Guo Xiaojun.
58.
On 6 July 2010, the Shanghai Baoshan District Court tried Guo Xiaojun and
sentenced him to four years’ imprisonment. The basis of the conviction was Guo Xiaojun’s
confession obtained through threats and ill-treatment. Guo Xiaojun declared he would
retract his confession and said that this confession was obtained through threats and torture,
however, his speech was cut short by the judge. Guo Xiajun has appealed against the court
verdict. His wife also filed complaints with the police, the court and prosecutors, however,
the authorities have reportedly not responded to those complaints.
(b)
No response received from the Government
(c)
Observations by the Special Rapporteur
59.
The Special Rapporteur regrets that he has so far not received a reply from the
Government of China concerning the above mentioned allegations. The Special Rapporteur
shares the concerns of his predecessor with regard to the continued violations of freedom of
religion or belief suffered by Falun Gong practitioners in China (see E/CN.4/2005/61,
paras. 37-38; E/CN.4/2006/5/Add.1, para. 109; A/HRC/4/21/Add.1, para. 88;
A/HRC/7/10/Add.1, para. 32; A/HRC/10/8/Add.1, para. 22; A/HRC/13/40/Add.1, paras.
71-74).
60.
Furthermore, the Special Rapporteur would like to take this opportunity to refer to
the chapter on “Religious minorities and new religious movements” in the report to the
fourth session of the Human Rights Council (see A/HRC/4/21, paras. 43-47) and to his
framework for communications, more specifically to the international human rights norms
and to the mandate practice concerning discrimination on the basis of religion or belief (see
para. 1 above, category B. 1.).
4.
(a)
Communication sent on 20 September 2010 jointly with the Special Rapporteur on
torture and other cruel, inhuman or degrading treatment or punishment
Allegations transmitted to the Government
61.
The Special Procedures mandate holders brought to the attention of the Government
information regarding the torture and ill-treatment in detention of Ms. Geng Li, Ms. Sun
Jianqin and Ms. Liu Shuli, all Falun Gong practitioners. According to the information
received, on 15 July 2009, Ms. Geng Li, Ms. Sun Jianqin and Ms. Liu Shuli were arrested
at a market in Xiheying Town and taken to the local police station.
62.
Ms. Geng Li was handcuffed in the “carrying a sword in the back” position, paper
was stuffed in her mouth and smoke blown in her face. The officers present took turns
beating her, slapping her face and whipping her arms. Ms. Geng Li was also subjected to
shocks with electric batons. She was kicked on her legs until she fell down. She was then
14