A/HRC/7/10/Add.1
page 9
Observations
20.
The Special Rapporteur is grateful for the Government’s response.
China
Communication sent on 29 December 2005 jointly with the Special Rapporteur on the
question of torture and the Special Rapporteur on violence against women, its causes and
consequences
21.
The Special Rapporteurs brought to the attention of the Government information they had
received concerning two female Falun Gong practitioners. According to the information
received, on the night of 24 November 2005, one woman aged 51 was abducted by an estimated
seven policemen. Her home was ransacked and all Falun Gong materials were seized. She was
taken to Dongchengfang Town Police Station in Tunzhou City, Hebei Province, where she was
interrogated, beaten with rubber clubs and shocked with stun batons. At approximately 2 p.m. on
25 November 2005, a police officer took her to a room, where he lifted her shirt and touched her
breasts. He then shocked her breasts with a stun baton. Another police officer came into the room
and raped her. During the rape, he repeatedly slapped her in the face. He then brought another
woman aged 42 into the same room and raped her too. The two rapes took place in the presence
of another police officer, who made no attempt to intervene or prevent the incidents.
Response from the Government dated 28 June 2006
22.
The Government informed that on 24 November 2005, two female Falun Gong
practitioners and other residents of Dongchengfang township in Tunzhou city, Hebei province,
were taken into the local public security office for questioning on suspicion of involvement in
illegal activities. They were released in the afternoon of the same day.
23.
On 26 November 2005, the Dashiqiao criminal police team in the Tunzhou city public
security bureau received a complaint from one of the two female Falun Gong practitioners
claiming that she had been raped by a police officer. On 27 November 2005, the other woman
also filed a report with the Tunzhou public security bureau, stating that she too had been raped.
The public security authorities promptly summoned the accused police officer. In the ensuing
questioning and investigation, it was ascertained that he was a temporary employee in the
Dongchengfang township public security office. He admitted that in the afternoon of 25
November 2005, he had taken the two women in turn back to his hostel, where he had indecently
assaulted one and raped the other. On 9 December 2005, following approval from the
procurator’s authorities, he was taken into custody.
24.
On 29 April 2006, the Baoding city people’s procurator in Hebei province instituted
criminal proceedings with the Baoding city people’s intermediate level court against the police
officer for commission of the offences of rape and indecent assault of a woman. On 19 May 2006,
after hearing the case, the Baoding city people’s intermediate level court, applying the principle
of aggregation of penalties for multiple offences, passed judgment at first instance, sentencing the
defendant to eight years’ fixed term imprisonment. After judgment had been passed at first
instance, the defendant did not accept the verdict and lodged an appeal. On 17 June 2006, the
Hebei people’s high court handed down its final judgment, dismissing the appeal and upholding