COMMITTEE AGAINST TORTURE

CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 19 OF THE CONVENTION

Comments by the Government of the People’s Republic of China* to the concluding observations and recommendations of the Committee against Torture (CAT/C/CHN/CO/4)

[10 December 2008]

China respects and protects human rights; it has consistently opposed torture and conscientiously fulfils its obligations under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (hereinafter “the Convention”). It has worked unceasingly to combat torture and has obtained notable results in this regard.

When the Committee against Torture considered China’s report at its most recent session, the Chinese delegation, motivated by a spirit of genuine cooperation and responsibility, engaged in a profitable exchange with the Committee: it provided a detailed account of the measures taken by the Chinese Government to combat torture and of the current situation in that regard, and it provided replies to virtually all of the Committee’s many questions which included relevant data. Most Committee members positively assessed China’s efforts to combat torture and its achievements in that regard; they also welcomed the large volume of valuable information provided by the Chinese delegation and its contribution to the debate, and expressed their readiness to pursue their dialogue with China.

Regrettably, the Committee members designated as country rapporteurs, displaying a strong bias against China, paid no heed to the facts and disregarded the detailed and accurate information and thorough explanations provided by the Chinese Government. Instead, they cited an extremely small number of “reports” and “sources” fabricated by groups whose goal is the overthrow of the Chinese Government, thereby deliberately politicizing the review process. When the Chinese report was under consideration they made unwarranted criticisms of the Chinese Government, and they introduced many inaccuracies in the concluding observations: for example, they claim that China “suppressed” the so-called “1989 Democracy Movement” and “peaceful demonstrations” in Lhasa and neighbouring areas; they vilify China’s “practice of torture” vis-à-vis ethnic minorities and “other vulnerable groups”; they irresponsibly spread the rumour fabricated by the Falun Gong cult that its members have been “subjected to torture” and “used for organ transplants”; they groundlessly accuse China of attacking “human rights defenders” and maintain that torture is “widespread” in detention centres. The Chinese Government strongly rejects all of these slanderous and untrue allegations.

It must be pointed out that the Committee against Torture was established under the Convention and should conduct its work within the framework of that instrument, in accordance with the principle of objectivity and fairness; the Committee should also promote the implementation of the Convention through cooperation with States parties based on equality and mutual respect. Abuse of the rapporteur’s role by individual Committee members and using the consideration of a State party’s report as an opportunity to maliciously attack the State party severely compromises the fairness and objectivity of the exercise, and seriously undermines its integrity. Such acts are contrary to the objectives of the Convention and violate its authority; they not only undermine the basis for cooperation between China and the Committee, but also damage the Committee’s image and credibility. The Chinese Government is deeply disturbed by this.

The progress made by China in the promotion and protection of human rights, including its efforts to combat torture, cannot be undone by anyone. The Chinese Government will unwaveringly persist in its efforts to protect human rights, and it seeks to engage in international cooperation in this area on the basis of equality and mutual respect. This position is immutable.

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