A/HRC/10/8/Add.1
page 9
was a criminal offence, and then she had repeated the offence of producing and distributing
materials propagating a religious cult and had used the cult to conduct unlawful activities. The
court found that her conduct had constituted the act of using a heretical cult to break the law and,
on 12 November 2007, it sentenced her at first instance to five years’ fixed-term imprisonment
for the offence of using a heretical organization to conduct unlawful activities.
20. Following her sentencing at first instance, Jin refused to accept the court’s verdict and
lodged an appeal. Hearing the case at second instance, the Hangzhou intermediate people’s
court determined that Jin had knowingly produced materials propagating a heretical cult and
had distributed these materials; that she had breached the country’s laws and regulations; and
that her conduct had been in violation of the relevant provisions of criminal law; that her
actions had posed a danger to society; and that she should be held liable for the offence that
she had committed. It found that the original determination of the offence had been accurate,
the sentence commensurate with the offence and due process had been observed.
On 22 December 2007, her appeal was overturned and the original judgement upheld.
21. The Government of China emphasized that throughout the investigations in this case the
Chinese public security authorities at all times abided strictly by the law and enforced the law
with utmost fairness and that there was no question of her being deprived of her lawful rights.
During the conduct of these proceedings, Jin appointed two lawyers to act as her defence
counsel, the lawyers conducted face-to-face meetings with her and the courts at both instances
fully protected Jin’s rights in litigation.
Observations
22. The Special Rapporteur is grateful for the Government’s response. With regard to the
question of “cults” or “sects”, she would like to refer to the chapter on “Religious minorities and
new religious movements” in her report to the fourth session of the Human Rights Council (see
A/HRC/4/21, paras. 43-47). The Special Rapporteur is very concerned by the continued
violations of freedom of religion or belief suffered by Falun Gong practitioners (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).
Urgent appeal sent on 20 March 2008 jointly with the Special Rapporteur on the
promotion and protection of the right to freedom of opinion and expression, the Special
Rapporteur on the situation of human rights defenders and the Special Rapporteur on the
question of torture and other cruel, inhuman or degrading treatment or punishment
23. The Special Rapporteurs brought to the attention of the Government information they had
received regarding reports of violence during demonstrations in the Tibet Autonomous Region
and surrounding areas in China, killings of an unconfirmed number of people and arrests of
hundreds of demonstrators. According to allegations received, demonstrations led by monks
were organised on 10 March 2008 demanding greater freedom of religion and the release of
monks detained since October 2007. It is reported that 300 monks from Drepung Monastery,
near Lhasa, proceeded with a peaceful march towards the Potala Palace when they were stopped
by the police. It is believed that around 60 monks suspected to be the leaders of the protest were
arrested by the Public Security Bureau (PSB).