E/CN.4/1995/91
page 129
separation of religion from education and because it was necessary to take
into account the majority of the population who were non-believers. With
regard to religious education for under-18s in places of worship, the practice
appears to vary. Protestant associations stated that they were able to teach
religion to under-18s in their churches, but this does not seem to be the case
for other religious associations.
(vi)
Arrest and detention of believers and religious workers
a.
Allegations
During his visit to China, the Special Rapporteur handed the Chinese
authorities a list of allegations concerning believers and members of
religious orders detained in Beijing, Shanghai, the provinces of Anhui,
Fujian, Heibei and Henan and the Tibet Autonomous Region (see appendix I).
These cases mainly involved believers and members of unofficial Christian
religious organizations, some of which were sects, as well as Tibetan monks.
b.
The authorities’ reply
The Chinese authorities gave the Special Rapporteur their reply, firstly,
to the second part of the allegation transmitted on 25 November 1993 (see
appendix I), and secondly concerning 15 of the cases in the above-mentioned
allegation presented during the Special Rapporteur’s visit (see appendix 2).
The results of investigations into the remaining cases were not yet available.
In these replies and in talks with the Special Rapporteur, the Chinese
authorities said that there were no religious prisoners in China, and
specified that infringement of the law, not religion, constituted the grounds
for every conviction. The authorities stated particularly categorically that
the arrests of monks and believers in the Tibet Autonomous Region were linked
not to their religion, but to acts carried out in support of Tibetan
independence such as riots which breached the peace and caused material
damage.
c.
Practice of religion and places of worship in detention
centres and prisons
The Ministry of Justice stated that religious activities did not take
place in prison and that detainees were allowed religious reading matter, on
condition that it was compatible with their re-education. The Ministry of
Public Security stated that prisoners were able to practise their religion in
their cells or in designated places, but that in general, detention centres
did not have places of worship because of the small number of practising
believers.
(vii)
Release of prisoners and situation of released persons
a.
Release of prisoners
In a press release of 16 November 1994 (HR/94/57), the Special Rapporteur
noted with satisfaction the release of two Tibetan monks: Yulo Dawa Tsering
and Thupten Namdrol. During his visit, he requested firstly the release of
the detainees listed in the allegation of 25 November 1993 and in that