A/HRC/10/8/Add.1
page 7
this context, she has addressed the freedom of religion or belief of detainees in her 2005 report to
the General Assembly (see A/60/399, paras. 69-91). She would like to emphasize that persons
deprived of their liberty are in a particularly vulnerable situation, also with regard to freedom of
religion or belief. It is crucial to provide the personnel of detention facilities with adequate
training, raising awareness and enhancing their sensitivity about their duty to promote and
respect international human rights standards for the treatment of prisoners, in particular the right
to freedom of religion or belief.
China
Urgent appeal sent on 4 October 2007 jointly with the Chairperson-Rapporteur of the
Working group on Arbitrary Detention and the Special Rapporteur on the promotion and
protection of the right to freedom of opinion and expression
12. The Special Procedures mandate holders brought to the attention of the Government
information they had received regarding Kunkhen, an artist, and Mr. Lobsang Phuntsok, a
30-year-old monk of the Lithang Monastery. According to the information received,
Mr. Lobsang Phuntsok was arrested on 15 September 2007 following a raid carried out at his
residence in the monastery by officials from the Lithang County Public Bureau Security. He was
arrested on allegations of having established close ties with an artist named Kunkhen. Kunkhen
was arrested on 22 August 2007 by Lithang County Public Bureau Security officials for having
taken pictures of Mr. Runggye Adak on 1 August 2007 when he was addressing a large Tibetan
crowd gathered for the annual Lithang horse-race festival (see A/HRC/7/10/Add.1, paras. 69-74).
The exact whereabouts of Kunkhen and Mr. Lobsang Phuntsok and the charges held against
them remain unknown. In view of their incommunicado detention concern was expressed as
regards their physical and psychological integrity.
Response from the Government dated 21 December 2007
13. The Government of China indicated that it had carefully examined the matters referred to
in the communication and wished to submit the following response. On 22 August 2007,
Kunkhen was taken into criminal custody, in accordance with the law, by the Garzê prefecture
public security bureau, on suspicion of espionage and unlawfully supplying intelligence to
bodies outside the country. On 12 September 2007, his arrest was approved by the Garzê
prefecture people’s procuratorate. On the same day, Lobsang Phuntsok was taken into criminal
custody, in accordance with the law, by the Lithang county public security bureau, on suspicion
of conducting activities designed to foment division of the State. Because the circumstances of
his case involved only slight danger to State security they were not deemed sufficient to warrant
a criminal penalty. On 10 October 2007, the labour re-education management committee of the
Sichuan provincial people’s government, acting pursuant to the relevant provisions of the State
Council resolution on labour re-education issues, ratified by the Standing Committee of the
National People’s Council, ordered him to serve a term of one year and six months’ labour
re-education.
14. The Government of China emphasized that it abided by the law in protecting the freedom
of religion or belief and the freedom of expression of citizens. Furthermore, it referred to the
Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights
and other international human rights instruments which contain provisions to the effect that
rights and freedoms must be subject to the restrictions prescribed by law.