A/HRC/4/21/Add.1
page 23
was one of the first States to become party to the Convention against Torture. It upholds the
prohibition on torture and other cruel, inhuman or degrading treatment or punishment and has
adopted many specific measures under domestic law. In handling the case in question, the
relevant Chinese Government departments abided strictly by their treaty obligations and
proceeded in accordance with domestic law. There was no instance of torture or ill-treatment.
79.
The Chinese Government has always taken great care to safeguard the legitimate rights of
convicts and detainees. The Prisons Act and the Remand Facility Regulations cover all aspects of
the protection of offenders’ and detainees’ rights including their right to security of the person,
lawful possessions, health protection and education, and their rights to a defence, to appeal, to
lodge complaints and report matters to the authorities, and such other rights as have not been
restricted or taken from them by law. All legitimate rights of Zhang Rongliang have been
safeguarded, and it is not true that when he fell ill he was refused medical treatment.
Observations
80.
The Special Rapporteur is grateful for the Government’s reply. She would like to make
reference to the report of the Special Rapporteur on torture and other cruel, inhuman or degrading
treatment or punishment, Manfred Nowak, of his mission to China from 20 November to 2
December 2005 (E/CN.4/2006/6/Add.6, para. 81): “In the opinion of the Special Rapporteur, the
combination of deprivation of liberty as a sanction for the peaceful exercise of freedom of
expression, assembly and religion, with measures of re-education through coercion, humiliation
and punishment aimed at admission of culpability and altering the personality of detainees up to
the point of even breaking their will, strike at the very core of the human right to personal
integrity, dignity and humanity. It constitutes a form of inhuman and degrading treatment or
punishment leading to submissiveness and a ‘culture of fear’, which is incompatible with the core
values of any democratic society based upon a culture of human rights.”
Urgent appeal sent on 13 September 2005 jointly with the Special Rapporteur on violence
against women, its causes and consequences
81.
The Special Rapporteurs brought the two following cases to the attention of the
Government: On 21 May 2002, police officers from the Zhonggong police station arrested Ms.
Ren Shujie, aged 42, living in the Tiexi District, Shengyang City, Liaoning Province, for
practicing Falun Gong. She was later sentenced to three years of forced labour and was detained
at the Longshan Labour Camp. No charges were brought against her and she was provided no
hearing before a court of law. She went on hunger strike for 64 days, during which time she was
subjected to torture and harsh labour for fifteen hours daily. After bringing an end to her hunger
strike she continued to be tortured by the prison guards, including Tang Yubao, who subjected her
to electric shocks. On 22 March 2004, she was transferred to Masanjia Labour Camp where she
was forced to sleep on cement floors for three months. She was released on 24 December 2004,
due to her extremely weak conditions, weighing less than 40 kg, whereas at the time of her arrest
she weighed 80 kg. The several complaints that Ren Shujie made to the prison guards, who were
the only authorities she had access to, provided no response or amelioration to her conditions of
detention.
82.
On 21 January 2000, Ms. Liu Yunxiang, aged 32, living in Yangjiazhuang village in
Junbukou Township was arrested by police officers belonging to the Junbukou Township of