A/HRC/10/8/Add.1 page 8 Observations 15. The Special Rapporteur is grateful for the Government’s response. She would like to take the opportunity to refer to General Assembly resolution 63/181 which emphasizes that “restrictions on the freedom to manifest one’s religion or belief are permitted only if limitations are prescribed by law, are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others, are non-discriminatory and are applied in a manner that does not vitiate the right to freedom of thought, conscience and religion”. In addition, she would like to reiterate (see A/HRC/6/5, para. 45) that the burden of justifying a limitation upon the freedom to manifest one’s religion or belief lies with the State and that the chosen measures should promote religious tolerance and avoid stigmatizing any particular religious community. Furthermore, the principles of appropriateness and proportionality need to be thoroughly respected both by the administration and during possible legal review. Communication sent on 30 November 2007 16. The Special Rapporteur brought to the attention of the Government information she had received regarding Ms. Jin Meihua, 48 years old, from Hangzhou who was sentenced, on 15 November 2007, to five years of prison for practicing Falun Dafa. She had been arrested by 17 police officers from Hangzhou City Xiacheng District Police Sub-Bureau on 5 June 2007. Subsequently, her family members were not allowed to visit her in detention. Furthermore, the police refused to meet with her lawyer and did not file his complaint. On 18 June 2001, Ms. Meihua had already been sentenced to 4 years in jail because of distributing Falun Dafa literature. Response from the Government dated 13 February 2008 17. The Government of China indicated that it had carefully examined the matters referred to in the communication and wished to submit the following response. On 18 June 2001, Jin Meihua was sentenced by the Xihu district people’s court in Hangzhou to four years’ fixed-term imprisonment for the offence of organizing and using a heretical organization to conduct unlawful activities. She was released on completion of her term on 9 December 2004. 18. On 5 June 2007, Jin was taken into criminal custody on suspicion of the offence of using a heretical organization to conduct unlawful activities and, on 6 July 2007, her arrest was authorized. The Xiacheng district people’s procurator’s office in the city of Hangzhou laid charges against Jin for the offence of using a heretical organization to conduct unlawful activities and criminal proceedings were instituted against her on 30 September 2007 with the Xiacheng district people’s court. Hearing the case in open proceedings, the Xiacheng district people’s court established the following: Jin had been responsible for producing various materials propagating the heretical “Falun Gong” cult and, in September and October 2006, had distributed such materials in Wushan Square and other places in Hangzhou. On 5 June 2007, Jin had been apprehended by public security officers and, acting in accordance with the law, these officers had searched her home and seized large quantities of materials propagating the heretical “Falun Gong” cult. 19. The Xiacheng district people’s court established the following: in contravention of the laws and regulations, Jin had produced and distributed materials propagating a heretical cult, which