E/CN.4/2005/61/Add.1
Page 15
54.
By letter dated 24 November 2004, the Government responded that the
problems and the contradictions between the Holy Synod of the Bulgarian Orthodox
Church and the so-called “Alternative Synod” which has lead to the situation referred
to are, to a large degree, economically oriented, and are not linked to the right to
freedom of religion. The Government indicated that in the specific case of 21 July
2004 the issue was about property disputes (concerning rents, candle sales, income
from charges for religious ceremonies, etc.), a question within the sole jurisdiction of
the court. The discussions and the efforts to resolve the problems through dialogue
and by mutual consent lasted for more than 18 months. In the beginning of July 2004,
following the assessment that all means had been exhausted, the Bulgarian Orthodox
Church officially approached the Prosecutor’s Office—which is a constituent part of
the independent judiciary in Bulgaria—and requested assistance for the
implementation of the law. The measures undertaken by the police were consistent
with the provisions of the Confessions Act, and were carried out under the instruction
of the prosecution, in accordance with provisions of the Judicial Authority Act (art.
118, para. 2). The Government finally stressed that the existing disputes would be
settled in the court in strict observance of the legislation in force, in respect of the
principles of the rule of law and equality before the law.
China
Communications and replies received
55.
On 14 June 2004, the Special Rapporteur sent a communication to the
Government of China in connection with information received according to which,
since 20 July 1999, when the Chinese Government banned Falun Gong, over 1,600
practitioners of Falun Gong had been tortured or beaten, several hundred had been
given prison sentences of over 20 years, others had been interned in mental hospitals
and a high number of practitioners had been sent to labour camps without trial. An
unspecified number of practitioners were allegedly being held without trial. It was
also reported that at least 907 practitioners had died while in detention.
56.
Reports indicated that the campaign against the Falun Gong continued
unabated across China. According to information received, practitioners of Falun
Gong continued to be subject to ill-treatment and torture by State officials in their
attempts to force the practitioners to renounce their belief in Falun Gong. It was also
reported that individual practitioners who had been subjected to torture and other
inhuman and degrading treatment whilst detained had not been provided appropriate
and effective remedies. In particular, the system of administrative detention, reeducation through labour (RTL), reportedly continued to be imposed on Falun Gong
practitioners. It was reported that RTL involves detention without charge or trial, and
without judicial review, for between one and three years – which can be further
extended by one year. People receiving terms of RTL allegedly have no right of access
to a lawyer and there is no hearing for them to defend themselves.
57.
In this connection, the Special Rapporteur drew the attention of the
Government to the following individual cases: