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8.
The Special Rapporteur recalls that, in any case, freedom of thought is an
absolute freedom and no one should be judged on any matter related to it, or claim
to be its guardian. The manifestations of freedom of thought can be subject to
limitations under international law, it being understood that equitable justice must
allow room for the disputes resulting from such limitations, always bearing in mind
the principle of proportionality between the offence and the penalty and the
reasonable and legitimate character of both the prosecution and the punishment. The
following clarifications were also provided by China:
Clarifications
“Falun Gong is not a religion; it is a sect that has concocted
gibberish — based on borrowings from Buddhism, Taoism and
Christianity — for the purpose of hoodwinking the gullible. Falun Gong
has assumed the outward trappings of a religion in order to better
blaspheme against religion. The first Falun Gong guru, Li Hongzhi, has
declared that medicines are not to be used to treat diseases and has
solemnly proclaimed that the Earth will explode in the forthcoming
apocalypse. By plundering the masses, he has amassed a private fortune.
It is estimated that Falun Gong excesses have caused over 1,600 deaths.
Many more people have left their home in a complete spiritual daze,
breaking all ties with their families. Their right to health, even to life, is
thus seriously compromised.
“What is more, Falun Gong has also stolen State secrets,
orchestrated attacks against the media, harassed public services and
disrupted traffic, generally undermining law and order with its excessive
behaviour. Its actions reveal that far from being a religion sheltering
behind human rights instruments, Falun Gong is a social, scientific and
human heresy that is a serious threat to society. Such actions have been
denounced by religious thinkers, scientists and ordinary citizens alike.
“By taking measures against Falun Gong, the Government of China
seeks merely to safeguard the rights and freedoms of its citizens in order
that they might freely exercise their religious beliefs. It deeply respects
the universal principles of human rights and aims to promote and protect
fundamental freedoms and rights, including freedom of worship.
International human rights instruments such as the Universal Declaration
of Human Rights and the International Covenant on Civil and Political
Rights, while emphasizing rights and freedoms, also explicitly provide
for necessary limits on the exercise of certain rights in order to preserve
national security, public safety, law and order, public health and the
rights and freedoms of others.
“Many countries in different parts of the world have taken strict
measures against organized sects whose activities undermine public
interest and threaten social cohesion. The Chinese authorities have done
no more than that. In today’s world, all sorts of fanatical movements are
appearing like malignant tumours in the body. No responsible
Government can afford to ignore the threat thus hovering continually
over the well-being of all. The legal measures implemented by the
Chinese Government against Falun Gong and its leaders are by no means
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