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United Nations: Report of the Special Rapporteur on the Right to Freedom of Opinion and Expression, Part 1 [Excerpt]

August 07, 2005 |  

29 March, 2005

Introduction

1. This addendum to the report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression gives an account of actions undertaken by the Special Rapporteur between 1 January and 31 December 2004. It also contains in summary form the replies received from Governments to his communications.

2. Replies to communications received after 31 December 2004 will be included in the Special Rapporteur's report to the sixty-second session of the Commission on Human Rights.

3. Owing to restrictions on the length of documents, the Special Rapporteur has been obliged to reduce considerably details of communications sent and received. As a result, replies from Governments could not be published in their entirety.

China

142. On 8 January 2004, the Special Rapporteur, jointly with the Special Rapporteur on the question of torture and the Special Rapporteur on violence against women, its causes and consequences, sent an urgent appeal concerning Cui Suzhen, a 61-year-old female resident of Shenze County, Shijiazhuang City, Hebei Province, who was reportedly detained in the Shijiazhuang Labor Camp because she practiced Falun Gong. On 8 April 2001, she was reportedly transferred to the Gaoyang Labor Camp in Hebei Province. It is alleged that, since she went on a hunger strike to protest the treatment received, she was force-fed human excrement on three separate occasions, and afterwards suffered from serious diarrhea. As a result, she was reportedly sent to the Gaoyang County Hospital for emergency treatment. The attending doctor allegedly pointed out that feeding a person human excrement in that quantity can cause death. Upon being sent back to the labor camp, she was allegedly continuously beaten by the guards, who are said to have crushed her nipples, shocked her with electric batons simultaneously while pouring water on to her. They also used pliers to pinch her flesh, and buried her in snow until she passed out. At the time that this communication was sent, it was reported that she was still being detained in the labor camp, where she was believed to be at risk of being subjected to similar treatment.

146. On 4 February 2004, the Special Rapporteur, jointly with the Special Rapporteur on the right to health and Special Rapporteur on the question of torture, sent an urgent appeal concerning Tian Xianofei, 40 years of age, and resident of Cuidong Street, Pingshan District, Liaoyang City, Liaoning Province, who was reportedly detained in the Huazi Prison in Liaoyang City, and sentenced to 10 years by the Pingshan District Court, allegedly for being a Falun Gong practitioner. According to the information received, Mr. Tian began a hunger strike on 20 July 2003, and was held in solitary confinement with two prisoners monitoring him around the clock. It is alleged that while he was asleep, his hands were handcuffed to the bed. His health was reportedly deteriorating from forced feedings and he had difficulty walking. It is alleged that he was denied medical treatment, and would continue to be denied such treatment until his internal organs malfunction or he renounced Falun Gong. He was reportedly not permitted visits by his family. Moreover, Cao Jiguang, 35, an employee of the Cotton and Linen Company, Linshui County, Sichuan Province, was reportedly detained in Guangyuan Jail in Sichuan Province, serving out a five-year sentence, allegedly for being a Falun Gong practitioner. It is reported that he was detained in a small cell where five inmates are ordered to watch him throughout the day. He was reportedly on the verge of death after beginning a hunger strike to protest against his alleged torture by the prison guards. It is reported that, on a previous hunger strike, Cao Jiguang was force-fed by the jail's doctor, who inserted a plastic tube into his trachea and pulled it out repeatedly to hurt him, and that before force-feeding him, the guards opened his mouth with an instrument, which caused severe injuries inside his mouth. It is further reported that after his hunger strike, the guards reduced his food by half.

148. On 4 February 2004, the Special Rapporteur sent an urgent appeal regarding Liu Xiaolian, 64 years old, a resident of Chibi Town, Chibi City, Hubei Province. She was reportedly arrested on 28 December 2003 by the local Chibi City police and her whereabouts were unknown at the time this communications was sent. Ms. Xiaolian had reportedly been detained on several occasions and subjected to torture and ill-treatment for allegedly being a Falun Gong practitioner. For example, on 6 December 2002, while she was reportedly detained at the First Detention Centre, Chibi City, 19 police officers and inmates started to beat Ms. Liu. Her body was reportedly pulled in five different directions simultaneously; her vagina was torn from the force and all her joints became dislocated. Others reportedly took turns beating her with 55pound shackles while she was being pulled apart. Ms. Liu reportedly suffered many broken bones and other severe injuries over the course of the day and fell unconscious due to the intense pain. Her head was reportedly violently banged, and she was then reportedly cuffed with 55 pound shackles for one week, and denied food for two weeks. In view of past allegations of torture against Ms. Xioalian, and her present unknown whereabouts, serious concerns are expressed for her well-being.

150. On 13 February 2004, the Special Rapporteur sent an urgent appeal concerning Ms. W.L., a 17-year-old middle school student, from Machang, Suileng County, Heilongjiang Province. According to information received, in July 2002, W.L. attended a joint entrance examination for a provincial high school and answered a question in the politics section of the paper concerning Falun Gong, saying that, "Falun Dafa is good, and Falun Dafa is righteous". It is reported that later, officials from the Political and Judiciary Committee of the Police Department and Provincial Education Committee came looking for her, and she was forced to leave home. It is reported that her parents were arrested and ill-treated by personnel from the 610 Office. In May of 2003, W.L. was working in Harbin City, where she was reportedly seized by the police and sent to Suileng, where she is reportedly still detained, and it is not clear whether she was charged with any offence. Reports indicate that specific orders were issued at the time of her arrest by the chief of the 610 Office in Suileng County to detain her until she turned the legal age of 18 years and then to sentence her.

152. On 26 February 2004, the Special Rapporteur, jointly with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, and the Special Rapporteur on the question of torture, sent an urgent appeal concerning Sun Yuhua, who was reportedly arrested at her home on 14 January 2004 at about 2 p.m., by a group of policemen (whose names are known to the Special Rapporteurs), led by the Chief of the Political Security Team at the Hulan County Police Station, allegedly because she practiced Falun Gong. The policemen reportedly took Ms. Sun to the Hulan County Police Station, where officers (whose names are known to the Special Rapporteurs) reportedly beat and tortured her. Reports indicate that she was later sent to the Hulan County Second Detention Centre, where she reportedly went on a hunger strike to protest her torture and detention. When she refused to give up her beliefs, she was reportedly transferred to the Hulan County First Detention Centre, where she continued her hunger strike, and was allegedly force-fed, causing her physical condition to become critical. Fears were expressed that she might die from the treatment she allegedly received. Reports also indicate that, reportedly as a result of his public disclosure of the persecution of Falun Gong, Ms. Sun's husband, Zhang Qingsheng, was detained at Hulan County First Detention Centre. The police from the Hulan County Police Station also reportedly arrested Ms. Sun's daughter, an 18-year-old student at Hulan County College, on 14 January 2004. She was reportedly interrogated and tortured for four days, before being sent to the Harbin Second Detention Centre.

156. On 2 March 2004, the Special Rapporteur, jointly with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention and the Special Rapporteur on the question of torture, sent an urgent appeal concerning Li Dongqing, a Falun Gong practitioner. She is reportedly detained at Dabei Women's Prison, Baixitaizi Village, Pingluo Town, Shenyang City, Liaoning Province. Li Dongqing, who suffers from hepatitis, has allegedly been subjected to prolonged periods of solitary confinement, scolding, beatings, and shocks with electric batons by guards, including during her period of detention at the Masanjia Labor Camp. Currently, her body is swollen and her state of mental health is said to be deteriorating. In view of allegations of torture and ill-treatment of Li Dongqing in detention, and her present state of health, concern is expressed for her mental and physical integrity.

157. On 15 March 2004, the Special Rapporteur, jointly with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, the Special Rapporteur on the question of torture and the Special Rapporteur on violence against women, its causes and consequences, sent an urgent appeal concerning Yiwen Tang (f), a 37 year-old Falun Gong practitioner, from Zuhai suburb of Guangzhou City, Guangdong Province. On 23 February 2004 Yiwen Tang is said to have been taken from her home following an application for a passport. Her husband was reportedly also interrogated in connection with her passport application. It is reported that she was, at the time this communication was sent, being detained for re-education at the Chutou Law School, in Guangzhou Baiyun district. On 10 March 2004 information was received that Yiwen Tang's health condition was critical. She was said to have been on hunger strike for 17 days to protest her detention. It is reported that her family had appealed to the police in Guangzhou City for an investigation into the legality of her detention and called for her immediate release. Allegedly, no action had been taken at the time this communication was sent.

171. On 30 April 2004, the Special Rapporteur, jointly with the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, the Special Rapporteur on the question of torture and Special Rapporteur on violence against women, its causes and consequences, sent an urgent appeal concerning Liu Mei, 36, resident of Donggang City, Liaoning Province. She was reportedly held in Dabei Prison in Shenyang City at the time this communication was sent. On 10 March 2004, a relative who visited her reported that Liu Mei was carried to the visiting room wearing a big gauze mask, and that she was extremely weak and thin. It is reported that the guards immediately stopped the meeting when she said that she was dying, and since then no information on her situation had been available. It is reported that Liu Mei and her husband were arrested on 9 April 2002 and sentenced to 13 years in prison for producing and distributing materials about the alleged persecution of Falun Gong. It is alleged that since her arrest and detention at the Dandong City Police Station, and subsequently at the Dandong Detention Centre and then Dabei Prison, Liu Mei had been tortured in an attempt to force her to give up Falun Gong. The methods of torture and ill-treatment alleged include electric shocks all over the body and beatings on her head with hard plastic baton handles. It is alleged that she had been denied adequate medical attention, and as a consequence suffered among other things, high fevers which have damaged her lungs Her health had reportedly continued to deteriorate. In view of the allegations of torture and the reported state of her health, concern was expressed for the physical and mental integrity of Liu Mei if she did not receive prompt and adequate medical attention.

174. On 7 May 2004, the Special Rapporteur sent an urgent appeal concerning Huang Xiangwei, aged 44, a high school music teacher and a resident of Harbin City, Heilongjiang Province. He was reportedly held at Changlinzi Labor Camp at the time this communication was sent. It is reported that Huang Xiangwei went on hunger strike to protest alleged ill-treatment by the camp guards, as a result of which he lapsed into a coma and was sent to the hospital for emergency treatment. It is reported that, since his admission to the camp's hospital around early April 2004, no information had been available on his condition and he was not allowed any visitors. Huang Xiangwei was allegedly arrested on 15 May 2002 by the police from the Harbin City Police Station for being a Falun Gong practitioner, and brought to the Seventh Team of the Harbin City Second Detention Centre. It is alleged that he was tortured because he refused to renounce Falun Gong, and he became paralyzed from the waist down as a consequence of torture. On 3 November 2002, he was reportedly sentenced to three years of forced labor and transferred to the Wanjia Labor Camp, and later sent to the Wanjia Labor Camp Hospital. It is alleged that he was detained there for about one year, during which he was subjected to cruel and inhuman treatment, including being forced to crawl on the floor every time he needed to go to the bathroom. It is reported that in December 2003 he was transferred to the Changlinzi Labor Camp, where guards, allegedly falsely claimed that he was on hunger strike, force-fed him with concentrated salt water, and dragged him on the ground. Concern was expressed that Huang Xiangwei could be at risk of torture or other forms of ill-treatment.

176. On 18 May 2004, the Special Rapporteur, jointly with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention and the Special Rapporteur on the question of torture, sent an urgent appeal concerning Jin Jiang and his wife, Wei Limei, both in their thirties and resident of Botou City, Hebei Province. They were allegedly arrested on 8 April 2004 for giving explanations in their restaurant about the alleged persecution of Falun Gong. It is alleged that the seven police officers who came to arrest them, ransacked the restaurant and took away Falun Gong books and materials. It is alleged that the couple were, at the time this communication was sent, detained at the Botou Detention Centre, where they started a hunger strike to protest their illegal detention, and were force-fed as a consequence. It is alleged that when Jin Jiang did not cooperate, the police brutalized him, allegedly broke his legs and two of his ribs, rupturing his right eardrum and dislocating his jaw. Wei Limei was allegedly beaten and was covered with bruises. It is alleged that they may be denied medical treatment. Concern was expressed for the physical and mental integrity of the two persons if they did not receive prompt and adequate medical treatment.

183. On 8 July 2004, the Special Rapporteur, jointly with the Special Rapporteur on extrajudicial, summary or arbitrary executions and the Special Rapporteur on the question of torture, sent a letter of allegation concerning:

185. On 15 July 2004, the Special Rapporteur, jointly with the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, the Special Rapporteur on violence against women, its causes and consequences and the Special Rapporteur on the question of torture, sent an urgent appeal concerning:

190. On 4 October 2004, the Special Rapporteur sent an urgent appeal concerning Tang Yiwen, a Falun Gong practitioner. According to the information received, in May 2000, she was arrested in Beijing for appealing for Falun Gong. She was detained for two years in Chatou Women's Forced Labor Camp, Guangdong Province, and later transferred to Sanshui Labor Camp. During her detention, she was reportedly subjected to torture, in particular she was hung up, beaten and forced-fed with hot chili. She was released in August 2003 and re-arrested in February 2004. Since then, she reportedly tried several times to leave the country but was never issued a passport. In June 2004, her passport application was rejected for the third time by Guangzhou Police Department and on her file it was allegedly noted that "This person's activity is limited". On 25 June 2004, Tang Yiwen reportedly lodged a law suit in Guangzhou City Baiyun District Procuratorate (BDP) against those who illegally sentenced, detained and tortured her. It was furthermore reported that, since August 2004, she has been constantly followed by agents from the 6-10 Office. Fears were expressed regarding her physical and mental integrity, which may have been at risk.

192. On 15 October 2004, the Special Rapporteur, jointly with the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur on freedom of religion or belief, Special Rapporteur on the independence of judges and lawyers, the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, the Special Rapporteur on the question of torture, the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health and the Special Rapporteur on violence against women, its causes and consequences, sent a letter of allegation concerning reports of systemic repression against the Falun Gong . Over the past five years, hundreds of cases of alleged violations of the human rights of Falun Gong practitioners have been brought to the attention of the Special Rapporteurs. Many of these allegations have been reported back to the Chinese authorities and were reflected in reports of the Special Rapporteurs to the Commission on Human Rights. The Special Rapporteur is concerned that reports of arrest, detention, ill-treatment, torture, denial of adequate medical treatment, sexual violence, deaths, and unfair trial of members of so-called "heretical organizations", in particular Falun Gong practitioners, are increasing. He is concerned that these allegations may reflect a deliberate and institutionalized policy of the authorities to target specific groups such as the Falun Gong. According to information received, on 10 June 1999 the Central Committee of the Chinese Communist Party established what is known as the 610 Office, an institution which is linked to State Security Defense. The office reportedly was given a mandate to repress Falun Gong and other "heretical organizations", and is operating outside of the rule of law. Reports indicate that the Falun Gong was officially banned on 22 July 1999 through a decision of the Ministry of Civil Affairs and, since then, several decisions, notices, regulations and other judicial interpretations have been issued by the Government and judicial authorities to legitimize the official repression against "heretical organizations", including the Falun Gong. In addition, according to reports, a media campaign was launched against the Falun Gong and its practitioners in June 1999. It is believed that this campaign followed a protest gathering in Beijing on 25 April 1999, involving more than 10,000 Falun Gong practitioners (1). Further reports indicate that, in February 2001, the Central Committee of the Communist Party called for a Central Work Conference of high-level party officials. The purpose of this meeting was reportedly to adopt a plan calling for the formation of local "anti-cult task forces" in all universities, State enterprises and social organizations, to reinforce the 610 Office and strengthen local control over the Falun Gong. An analysis of reports received by the Special Rapporteurs indicates that the alleged human rights violations against Falun Gong practitioners, including systematic arrest and detention, are part of a pattern of repression against members of this group. Most of those arrested are reportedly heavily fined and released, but many are detained and ill-treated in order to force them to formally renounce Falun Gong. Those who refuse are sent to "re-education through labour" camps, where torture is reportedly used routinely and in many cases have resulted in death. The Special Rapporteur is further concerned by reports that few Falun Gong practitioners are prosecuted. When charges are laid they reportedly include allegations such as "disturbing social order", "assembling to disrupt public order", "stealing or leaking State secrets" or "using a heretical organization to undermine the implementation of the law". According to the information received, those prosecuted have been unfairly tried and many have received lengthy prison sentences. In this respect, it is reported that on 5 November 1999, a Notice issued by the Supreme People's Court instructed all local courts to do their "'political duty' in bringing to trial and punishing 'severely'" those charged with "heretical organizations crimes", "particularly Falun Gong", and to handle these cases "under the leadership of the Party committees".

193. On 19 October 2004, the Special Rapporteur, jointly with the Special Rapporteur on the question of torture, sent an urgent appeal concerning Falun Dafa practitioner Zhao Yougang, 32 years old. In June 2003, he was arrested by the Nanjing police while he was composing materials regarding Falun Gong. In jail he was reportedly subjected to torture and inhumane treatment. On 29 December 2003, he was sentenced to nine years in prison. According to the information received, he was then detained in Wuxi Prison where he was subjected to further torture. He started a hunger strike in June to protest the persecution and the ill-treatment to which he was subjected. He weighed 35 kg at the time this communication was sent. It was reported that he was being force-fed seven to eight times every night by the prison guards.

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(1) Editor's note: This event took place on April 25, 1999, when approximately 10,000 practitioners spontaneously went to Beijing to peacefully appeal at the Chinese State Council Appeal Office regarding the government's unconstitutional restrictions placed on Falun Gong, and to ask for the release of practitioners in Tianjin who had been illegally arrested.