E/CN.4/2006/5/Add.1 Page 27 105. The Special Rapporteur brought to the attention of the Government additional information received on the situation of Pastor Cai Zhuohua, a house church leader in Beijing, who, on 8 November 2005, was sentenced to three years imprisonment on charges relating to illegal business practices. The sentence was handed down by the People’s Court of Haidian District, Beijing. According to the information received, the charges were made following the discovery of 200,000 copies of the bible and other Christian literature in his possession. Pastor Cai Zhuohua's wife, Xiao Yunfei, brother in law, Xiao Gaowen, and sister in law, Hu Jinyun, were also found guilty at the same proceedings. On 11 September 2004, Pastor Cai Zhuohua was arrested by three plain-clothed State Security officers. There were concerns that Pastor Cai Zhuohua was subjected to electric shocks whilst he was in pre-trial detention. 106. Pastor Cai Zhuohua was the subject of a previous letter sent by the Special Rapporteur on Freedom of Religion or Belief on 29 November 2004. Observations 107. The Special Rapporteur is grateful for the Government’s responses. She would like to take this opportunity to remind the Government of the concluding observations adopted by the Committee on the Rights of the Child on 24 November 2005 further to the second periodic report submitted by China (CRC/C/CHN/CO/2). In paragraph 44, the Committee stated that, “[w]hile noting the adoption of the Regional Ethnic Autonomy Act in 2001, which guarantees freedom of religion for ethnic minorities in mainland China, [it] is concerned about reports that children, in particular Tibetan Buddhist, Uighur and Hui children, have been restricted in studying and practising their religion, and in some cases have been detained for participating in religious activities. It is also concerned at reports that children of families practising their religion, notably the Falun Gong, are subject to harassment, threats and other negative actions, including re-education through labour. The Committee notes the information provided about the Gedhun Choekyi Nyima, but remains concerned that it has not yet been possible to have this information confirmed by an independent expert.” In relation to this observation the Committee in paragraph 45 recommends that “the State party take all necessary measures to ensure the full implementation of the Regional Ethnic Autonomy Act. In particular, the Committee recommends that the State party: (a) Enact legislation explicitly guaranteeing freedom of religion for those under 18 that is not tied to a limited number of recognized faiths, and which respects the rights and duties of parents to give guidance to their children in the exercise of their rights in this rega rd in a manner consistent with the evolving capacities of the child; (b)Repeal any ban instituted by local authorities on children of any age from participating in Tibetan religious festivals or receiving religious education; (c)Repeal any ban instituted by local authorities on children of any age from attending mosques or receiving religious education throughout the mainland; (d) Take all necessary measures to ensure that children may choose whether to participate in classes on religion or atheism;

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