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CHINA

Human Rights Issues

  Overview
Demonstrations
  Prison conditions Political affiliation
  Fair Trial
Arbitrary Arrests
  Ethnic affiliation
Religious affiliation
  Women
Children/Youths
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Journalists/writers
  Military service/desertion
Torture/Ill-treatment
  Death penalty
Refugees
 

28.05.2008 - Source: Amnesty International

Torture in detention remained widespread ("Annual Report 2008") [ID 23541]

"Yang Chunlin, a human rights activist from Heilongjiang, was detained on 6 July for “subversion of state power”. He had supported the legal action brought by over 40,000 farmers whose land had been confiscated without compensation. Yang Chunlin had helped to gather signatures for a petition entitled “We want human rights, not the Olympics” signed by many of the farmers. Police repeatedly refused him access to his family and lawyer on the grounds that his case “related to the state”. Yang Chunlin was tortured, including on numerous occasions by having his arms and legs stretched and chained to the four corners of an iron bed, and being forced to eat, drink and defecate in that position.
Shanghai housing rights activist Chen Xiaoming died of a massive haemorrhage shortly after being released from prison on medical parole on 1 July."

Document(s): Open document

11.03.2008 - Source: US Department of State

Sexual and physical abuse and extortion occurred in some detention centers ("Country Report on Human Rights Practices 2007") [ID 22761]

"Sexual and physical abuse and extortion occurred in some detention centers. Falun Gong activists reported that police raped female practitioners, including in 2005 at the Dongchengfang police station in Tunzhou City, Hebei Province, where two women were allegedly raped while in detention."

Document(s): Open document

11.03.2008 - Source: US Department of State

Conditions in ankang institutions (high-security psychiatric hospitals for the criminally insane) ("Country Report on Human Rights Practices 2007") [ID 22762]

"According to foreign researchers, the country had 20 ankang institutions (high-security psychiatric hospitals for the criminally insane) directly administered by the Ministry of Public Security. Persons committed to these institutions had no mechanism for objecting to public security officials' determinations of mental illness. Some dissidents, persistent petitioners, and others were housed with mentally ill patients in these institutions. Patients in these hospitals were reportedly given medicine against their will and forcibly subjected to electric shock treatment. The regulations for committing a person to an ankang facility were not clear. Political activists, underground religious believers, persons who repeatedly petitioned the government, members of the banned China Democratic Party (CDP), and Falun Gong adherents reportedly were incarcerated in such facilities during the year. Activists sentenced to administrative detention also reported they were strapped to beds or other devices for days at a time, beaten, forcibly injected or fed medications, and denied food and use of toilet facilities."

Document(s): Open document

11.03.2008 - Source: US Department of State

Conditions in penal institutions for both political prisoners and common criminals generally were harsh and degrading ("Country Report on Human Rights Practices 2007") [ID 22763]

"According to 2005 official statistics, the Ministry of Justice administered more than 700 prisons with a population of more than 1.8 million inmates. In addition 30 jails for juveniles held approximately 22,000 juvenile offenders. The country also operated hundreds of administrative detention centers, which were run by security ministries and administered separately from the formal court system.
Conditions in penal institutions for both political prisoners and common criminals generally were harsh and degrading. Prisoners and detainees often were kept in overcrowded conditions with poor sanitation. Inadequate prison capacity was an increasing problem in some areas. Food often was inadequate and of poor quality, and many detainees relied on supplemental food and medicines provided by relatives; some prominent dissidents were not allowed to receive such goods. [...]
The government generally did not permit independent monitoring of prisons or reeducation-through-labor camps, and prisoners remained inaccessible to local and international human rights organizations, media groups, and the International Committee of the Red Cross (ICRC)."

Document(s): Open document

11.03.2008 - Source: US Department of State

Children sometimes were held with adult prisoners and required to work ("Country Report on Human Rights Practices 2007") [ID 22765]

"The law requires juveniles to be held separately from adults, unless facilities are insufficient. In practice children sometimes were held with adult prisoners and required to work. Political prisoners were segregated from each other and placed with common criminals, who sometimes beat political prisoners at the instigation of guards. Newly arrived prisoners or those who refused to acknowledge committing crimes were particularly vulnerable to beatings."

Document(s): Open document

06.03.2007 - Source: US Department of State

Widespread torture and degrading treatment of detainees and prisoners ("Country Report on Human Rights Practices 2006") [ID 18959]

"The law forbids prison guards from extorting confessions by torture, insulting prisoners' dignity, and beating or encouraging others to beat prisoners. However, police and other elements of the security apparatus employed widespread torture and degrading treatment when dealing with some detainees and prisoners. UN Rapporteur on Torture Manfred Nowak's March report to the UN Commission on Human Rights blamed the prevalence of torture on institutional weakness and lack of judicial independence in a system that pressures police to solve cases and allows them wide discretion in matters of arrest and detention.Former detainees credibly reported that officials used electric shocks, beatings, shackles, and other forms of abuse. In January four teenagers from Anhui Province were released from custody. Media reports said authorities were investigating three police officers on suspicion of using torture to coerce false confessions from the teenagers. Public security officials acknowledged that the teenagers' cases were mishandled. In June authorities charged Alim, Ablikim, and Qahar Abdurehim, three of Uighur businesswomen Rebiya Kadeer's sons, with state security and economic crimes. Authorities beat Alim and Ablikim, and Alim confessed to the charges against him after reportedly being tortured. In October 2005 Falun Gong adherents Liu Boyang and Wang Shuohui of Changchun, Jilin Province reportedly died in custody after being tortured by police. Beijing-based petitioner leader Ye Guozhu was reportedly tortured and abused in prison, including beatings with electric batons, suspension from the ceiling by his arms, and shackled and forced to sit in extreme positions for extended periods of time. Inner Mongolian cultural activist Hada was also reportedly tortured. Approximately half of all alleged acts of torture occurred in pretrial criminal detention centers or reeducation-through-labor centers. [...]In March UN Special Rapporteur Nowak reaffirmed earlier findings that torture remained widespread. Nowak reported that beatings with fists, sticks, and electric batons continued to be the most common tortures. He also found that prisoners continued to suffer cigarette burns, prolonged periods of solitary confinement, and submersion in water or sewage, and that they were made to hold extreme positions for long periods, were denied medical treatment, and were forced to do hard labor. Death row inmates were shackled or handcuffed 24 hours per day and systematically abused to break their will and force confession. According to Nowak, officials specifically targeted house church groups, Falun Gong adherents, Tibetans, and Uighur prisoners for abuse. Nowak found that procedural and substantive measures to prevent torture were inadequate."

Document(s): Open document

06.03.2007 - Source: US Department of State

Prison and Detention Center Conditions ("Country Report on Human Rights Practices 2006") [ID 18961]

"The Ministry of Justice administered more than 700 prisons with a population of more than 1.8 million inmates, according to 2005 official statistics. In addition, 30 jails for juveniles held approximately 22,000 juvenile offenders. The country also operated hundreds of administrative detention centers, which were run by security ministries and administered separately from the formal court system (see section 2.d.).

Conditions in penal institutions for both political prisoners and common criminals generally were harsh and degrading. Prisoners and detainees often were kept in overcrowded conditions with poor sanitation. Prison capacity was an increasing problem in some areas. Food often was inadequate and of poor quality, and many detainees relied on supplemental food and medicines provided by relatives; some prominent dissidents were not allowed to receive such goods.

During the year new reports from overseas medical and legal experts asserted that the government harvested organs from executed prisoners without consent. At least one formal complaint was filed with the government by a family alleging that their executed son's organs were harvested before the body was returned to the family for burial. In July 2005 Vice Minister of Health Huang Jiefu confirmed that the majority of organs used in transplants in the country come from executed prisoners. A Ministry of Health directive prohibits buying and selling human organs and tissues and requires that organ donations from deceased individuals be "handled according to society's ethical and moral principles." However, new regulations that went into effect in July focus on organ trade, which refers to persons voluntarily selling their organs, a practice rare in China, but leave intact old provisions that legalize organ harvesting if no one claims the body for burial. Critics also assert that the regulations apply to Ministry of Health hospitals but not military hospitals, where it is alleged that transplants for foreigners were conducted.

Adequate, timely medical care for prisoners remained a serious problem, despite official assurances that prisoners have the right to prompt medical treatment. Labor activist Xiao Yunliang remained in prison in very poor health. Other prisoners with health concerns included democracy activists Qin Yongmin, Hua Di, Wang Sen, and He Depu; Internet writers Yang Zili and Luo Yongzhang; labor activists Hu Shigen and Zhang Shanguang; Inner Mongolian activist Hada; foreign residents Yang Jianli and Wang Bingzhang; and religious prisoners Zhang Rongliang, Liu Fenggang, and Gong Shengliang.

Acknowledging guilt was a precondition for receiving certain prison privileges, including the ability to purchase outside food, make telephone calls, and receive family visits. Prison officials often denied privileges to those, including political prisoners, who refused to acknowledge guilt.

Conditions in administrative detention facilities, such as reeducation-through-labor camps, were similar to those in prisons. Beating deaths occurred in administrative detention and reeducation-through-labor facilities.

The law requires juveniles to be held separately from adults, unless facilities are insufficient. In practice, children sometimes were held with adult prisoners and required to work (see sections 1.d. and 6.c.). Political prisoners were segregated from each other and placed with common criminals, who sometimes beat political prisoners at the instigation of guards. Newly arrived prisoners or those who refused to acknowledge committing crimes were particularly vulnerable to beatings.

The government generally did not permit independent monitoring of prisons or reeducation-through-labor camps, and prisoners remained inaccessible to most international human rights organizations. In July 2005 the International Committee of the Red Cross (ICRC) opened a regional delegation in Beijing, although the government did not grant the ICRC access to prisons."

Document(s): Open document

10.03.2006 - Source: UN Human Rights Council (formerly UN Commission on Human Rights)

Advance edited version of report on situation concerning torture and ill-treatment, legal framework and prison conditions, forced "re-education", including individual cases ("Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak; Mission to China [E/CN.4/2006/6/Add.6]") [#46990][ID 3711]

Document(s): Open document

10.03.2006 - Source: UN Human Rights Council (formerly UN Commission on Human Rights)

Very little privacy and opportunity for individual recreation, particular in pretrial detention centres ("Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak; Mission to China [E/CN.4/2006/6/Add.6]") [#46990][ID 20006]

"66. The Special Rapporteur visited a total of 10 detention facilities. As is the usual practice, during visits to places of detention, the Special Rapporteur held private interviews with detainees (summaries of which are included in appendix 2). However, he observed that a considerable number of detainees that were approached for interviews did not express a willingness to speak with the Special Rapporteur, and several of those who did requested absolute confidentiality. Consequently, the information contained in appendix 2 does not reflect the full situation, as a significant amount of the information on torture practices was received in confidence.

67. In general, the Special Rapporteur found that although the specific conditions of the facilities varied, in terms of basic conditions, such as food, medicine and hygiene, they were generally satisfactory (detailed findings on conditions in detention are listed for each facility visited in appendix 2). However, the Special Rapporteur noticed a palpable level of fear when talking to detainees. He also was struck by the strict level of discipline exerted on detainees in different facilities. Time and again, he entered cells and found all detainees sitting cross legged on a mattress or in similar forced positions reading the CL or prison rules. According to information provided by detainees, such forced re education, in particular in pretrial detention centres, goes on for most of the day. It is usually conducted on the order of one of the fellow detainees who is considered “chief” of the cell. There is very little privacy and opportunity for individual recreation, such as reading a book, etc. Even when serving long prison sentences, persons convicted of political offences usually have no right to work and very little time for recreation. They are not allowed to practise their religion (e.g. Buddhism in Tibet, Islam in Xinjiang)."

Document(s): Open document

10.03.2006 - Source: UN Human Rights Council (formerly UN Commission on Human Rights)

Circumstances surrounding capital punishment and prisoners on death row ("Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak; Mission to China [E/CN.4/2006/6/Add.6]") [#46990][ID 20007]

"68. The Special Rapporteur is also concerned about the circumstances surrounding the death penalty, including the situation of prisoners on death row. At the Beijing Municipality Detention Centre, where the Special Rapporteur spoke with prisoners sentenced to death at first instance awaiting appeal, he noted that these prisoners were handcuffed and shackled with leg irons weighing approximately 3 kg, 24 hours per day and in all circumstances (i.e. including during meals, visits to the toilet, etc). In the opinion of the Special Rapporteur this practice is inhuman and degrading and serves only as an additional form of punishment of someone already subjected to the stress and grief associated with having been sentenced to death.

69. The Special Rapporteur wishes to express concern at the high number of crimes for which the death penalty can be applied, and the lack of official statistics on the application of the death penalty, which contributes to the perception of secrecy. He encourages the Government to both narrow its scope and to be more transparent towards family members and the public at large regarding its use, including by making statistics on the death penalty public information. The Special Rapporteur notes allegations that some provincial authorities are introducing mobile execution vans (converted 24 seater buses) manufactured by a State owned company. These mobile execution vans were reportedly approved by Yunnan Provincial authorities on 6 March 2003, and 18 such vans were distributed to all intermediate courts and one high court in Yunnan Province in 2003. In December 2003, the SPC in Beijing reportedly urged all provinces to acquire execution vans “that can put to death convicted criminals immediately after sentencing”.

70. The Special Rapporteur welcomes the anticipated recovery by the Supreme People’s Court of responsibility for final approval of the death penalty."

Document(s): Open document

02.11.2005 - Source: Human Rights Watch

Dissident freed after 13 years in Chinese police-run mental asylum; he was forcibly held in Beijing asylum for criminally insane after staging a brief, one-man pro-democracy demonstration in Tiananmen Square; he was subjected to abuse in hospital ("China: Political Prisoner Exposes Brutality in Police-Run Mental Hospital") [#38501][ID 3712]

Document(s): Open document

11.10.2005 - Source: Congressional-Executive Commission on China

Torture and Abuse in Custody ("Annual Report 2005") [#37506][ID 3713]

see report for further details

"Although torture is illegal in China, law enforcement torture and
abuse remains common."

Document(s): Open document

04.2005 - Source: UK Home Office

Country Report April 2005 - Prison Conditions ("Country Report - April 2005") [#31975][ID 3714]

"5.74 According to the Summer Report 2004 (Vol. 12, No. 2) of the Laogai Research Foundation (an NGO):

“In 2001, China’s State Council authorized the construction of 120 large-scale modern prisons divided into three categories: minimum security, which can house 3,000 prisoners; moderate security, which can house 5,000 prisoners; and maximum security, which has a capacity of 10,000 prisoners. These prisons were set to be completed by the year 2005, but as of mid-2004, construction on only 30 of these prisons had been finished. In many localities, construction machinery has piled up in construction areas as funds have been diverted.” [8bx]

5.75 The same source continued:

“According to the most recent data from China’s public security and judicial authorities, 1.12 million people are currently serving time in China’s prisons, and the total number of prisoners exceeds jail capacity by 18 percent. Many prisoners are able to negotiate a reduction in their prison time by bribing the authorities. Also, a large number of criminal cases are backed up, due to both a shortage of judicial manpower and a lack of funding.” [8bx]

5.76 On 9 December 2004 the official news agency Xinhua reported:

“The administration is moving prisons from remote countryside and mountainous regions to city suburbs. These prisons are equipped with better facilities, and it is easier for families and folks to visit inmates. In some of the old, remote jails, inmates often worked outdoors, increasing the difficulty of the guards' jobs. Meanwhile, the Ministry [of Justice] is thinking of updating the way it has categorized prisons for five decades in a bid to make jails safer and more efficient. It plans to divide prisons into three types: low security, medium security and high security, according to the harm their inmates might do to society, especially the violence of the crimes for which they were incarcerated. Currently the government sorts prisons in two different ways. They are categorized by whether their inmates have long or short terms, and there are also separate prisons for men and women and education centers for juveniles. According to the principle of combining penalty with correction written in Prison Law, Chinese jails have adopted various methods to help change prisoners into law-abiding citizens, Fan [Fangping, Vice Minister of Justice] said. From 1994 to 2003, about 1.7 million Chinese inmates gained diplomas through studying behind bars, more than 60,000 gained junior technical certificates and 2,000 got senior ones. China now has more than 1.5 million inmates in 670 prisons. The ministry had said earlier that 8 percent of released prisoners committed crimes again.” [13r]

5.77 According to a report by the Dui Hua Foundation (an NGO) in the winter 2005 Edition of their newsletter Dialogue:

“On January 25, 2005, Dui Hua received parole and sentence reduction information on 56 individuals serving sentences for political offenses in China. The written information, in the form of four lists, was compiled by authoritative sources in China’s central and provincial governments in response to requests for information made by the foundation’s Executive Director, John Kamm, during visits to Beijing in November 2004 and January 2005.” [8ij] (p 1)

5.78 The same the same source continued, “Although the information mentions paroles and sentence reductions in 11 provinces and autonomous regions, coverage is best for Fujian and Tibet. Of the 56 cases, most are from Fujian (20 cases) and Tibet (11 cases).” [8ij] (p 2)

5.79 Furthermore this source also stated:

“In September 2003, Kamm visited Fujian Province… During the trip, Kamm was told that there were “about 20” inmates serving sentences for endangering state security in the province’s prisons. If that number is accurate, it appears that a majority of them were paroled or received sentence reductions in 2004. Most “endangering state security” prisoners in Fujian are mainlanders serving sentences for spying for Taiwan. Typical are the cases of Zhang Bubing and Zheng Guojin , residents of a coastal village where many fishermen make their living selling classified documents to Taiwan intelligence agencies.” [8ij] (p 2-3)

5.80 On 23 February 2005 China’s official gateway to news and information (china.org) reported, “From 2003 to the end of 2004, the courts have cleared 4968 cases of overdue detention, involving 10,000 defendants.” According the same source, “In 2003 and 2004, the people's courts in the country cut prison terms for and release [sic] on parole nearly 100,000 prison inmates.” [5ah]

Model Prisons

5.81 According to a report by the Dui Hua Foundation in the Summer 2004 edition of their newsletter Dialogue:

“In September 1995, the MOJ published a list of standards for ministry-level modern and civilized prisons. There are a total of 58 criteria, grouped into seven sections. Modern and civilized prisons must have relatively more advanced and complete facilities and a sound, functioning reform system as their basis. They must implement scientific and civilized administration of prisoners and educational reform and must be a high-quality reform facility. Physical requirements for buildings, communications, transport, prison cells, and other facilities are set out. Prisons should have fair, open, and reasonable procedures for parole, sentence reduction, and release. Maximum rates for unusual deaths of inmates and prisoner escapes cannot be exceeded. Guangxi Women’s Prison, given model status by the MOJ in 1999, was recently praised in the press for granting 147 sentence reductions in January 2004, 39 of which resulted in immediate release. A key measure is the number of prisoners per cell. The maximum number for a prison to win model status is 20. Kamm has seen model prisons having cells with as few as four prisoners and as many as 14. Sanitation standards and medical facilities are judged by inspectors, as is the system of education and reform. Prisoners must spend a certain number of hours in class.” [8ig] (p 4-5)"

Document(s): Open document

04.2005 - Source: UK Home Office

Country Report April 2005 - Prison Conditions in Fujian and in Tibet ("Country Report - April 2005") [#31975][ID 3715]

"Prison Conditions in Fujian

5.82 According to a report by the Dui Hua Foundation in the Fall 2003 edition of their newsletter Dialogue:

“On September 15, 2003, The Dui Hua Foundation’s executive director John Kamm was given a comprehensive tour of Xiamen Prison in Fujian Province, accompanied by representatives of the Ministry of Justice and the Fujian Province Prison Administration Bureau. This was the first full tour of a prison by a foreigner-Kamm viewed all sections, including the rarely visited solitary confinement cells-since the government declared the official end to the SARS crisis. The visit also marked the first time a foreigner was granted access to Xiamen Prison. Established in 1998, Xiamen Prison is a provincial-level “Civilized and Modern Prison,” meaning that it is considered among the best in the province. It occupies a 16-acre site in the Dongan District of Xiamen Municipality. Its 2,000 inmates are housed in three cell blocks and are watched over by approximately 200 prison staff. Sixteen prisoners occupy each cell. There are 10 cells per section and six sections per cell block. Xiamen Prison only houses prisoners sentenced to fixed terms… Medical care in the prison’s clinic is provided free of charge. There is a 20,000-volume library and a prison newspaper to which prisoners can contribute articles. Each cell has a TV that is turned on for one hour each evening.” [8id] (p 1-2)

Prison Conditions in Tibet (Xizang)

5.83 According to a report by World Tibetan Network News dated 26 September 2002, Drapchi prison in Tibet has been the scene of widespread torture, with 15 deaths reported amongst its predominantly Tibetan detainees since 1998. [22ea]

5.84 According to a report by AI (Issue 121) from September/October 2003:

“Located on the northeast outskirts of Lhasa city, Drapchi is Tibet’s largest and most notorious prison. Several of its inmates have died from torture, extreme ill-treatment or denial of medical care. The prison is home to a garrison of the People’s Armed Police troops, who supervise debilitating sessions of military-style drills. These are life-threatening for prisoners already weakened by ill-treatment and inadequate food. Female political prisoners are held in Rukhag 3 which is divided into “old” and “new” units with the longest serving prisoners held mainly in the latter. The name Drapchi is derived from the nearby Drapchi Monastery. Many of Drapchi’s prisoners are monks and nuns imprisoned for peacefully expressing their political beliefs.” [6f]

5.85 According to a report by the Tibetan Information Network (TIN) dated 16 August 2002, a new “punishment block” known as detention area nine (Tsonkhul) was constructed at Drapchi prison late in the summer of 2000. [22cb]

5.86 This report also stated:

“Approximately 30 prisoners are reportedly held in Detention Area Nine at any one time. While some are new arrivals to the prison, the majority, including criminal prisoners, are reportedly undergoing the strict regime in Detention Area Nine as punishment. Prisoners in Detention Area Nine are reportedly not allowed to do any work. A tiny walled courtyard adjoins each cell in the block. Prisoners under the most severely restricted regime are not given access to that space or allowed any activity or exercise outside their cells.” [22cb]

5.87 On 28 May 2002 the official People’s Daily newspaper reported:

“No Accidental Death in Tibet's Prisons: Official Lu Bo is absolutely certain. "I've never heard of any case involving accidental death of prisoners in Tibet," said the warden of Tibet Autonomous Regional Prison, in an exclusive interview with Xinhua Monday. But Lu added: "Fifteen prisoners in the regional prison died of illness in the past five years." Lu said that among the 15 prisoners who died since 1998, two were women, adding the number is very small when compared with total number of prisoners in Tibet.” [12b]

5.88 In their Annual Report 2003 on the Human Rights Situation in Tibet the Tibetan Centre for Human Rights and Democracy (TCHRD) listed ten prisons and detention centres in Tibet. The TCHRD regards the whole of the Tibetan Plateau as part of ‘Tibet’ and the list therefore includes prisons/labour camps outside the Tibetan Autonomous Region (TAR). The ten penal institutions they listed are as follows:

“Tibet Autonomous Region Prison (Drapchi Prison) is the largest prison in the “TAR”. Prisoners from the “TAR” area with a long prison term are incarcerated in this prison. It is believed to have been constructed in 1960, and is located in the north-east outskirts of Lhasa. It is directly administered by the “TAR” Law Enforcement Department. There are nine units, of which the 3 rd and 5 th units hold female and male political prisoners respectively. Eleven cells for solitary confinement were later constructed in 1990. The rest of the units are for non-political prisoners. Due to overcrowding, the southern gate of Drapchi Prison was reportedly demolished and expansion work commenced in April 1998. Prisoners are mainly assigned to work at the vegetable farm, constructing houses, tailoring, carpet weaving, mechanical repairs, and the rearing of pigs and chickens.

“TAR” PSB Detention Centre (Sangyip Prison) is situated in the northern district of Lhasa City. It is believed to have been constructed in 1983 and prisoners have been held there since 1984. Those suspected of more serious political crimes, including organising protest or collecting politically sensitive information, are believed to be held here for interrogation, possibly under the supervision of the “TAR” PSB. Sangyip has the capacity to hold approximately 70 inmates in its three cellblocks. Each of the blocks has 12 cells. Any prisoners falling under the “TAR” jurisdiction is detained here. Prisoners with long- term sentences are transferred to other major prisons in “TAR” and others sentenced to shorter prison terms are detained in Sangyip itself.

Lhasa City PSB Detention Centre (Gutsa Prison) is located three kilometres east of Lhasa near the Kyichu River. Gutsa’s main section holds prisoners who are “under investigation” or awaiting sentences. Most of its inmates have not been formally charged or given administrative sentences. Many prisoners are reportedly forced to do manual labour such as breaking rocks. While Gutsa is predominantly for prisoners who are awaiting sentence, approximately one percent of prisoners are believed to be held here after sentencing, generally for periods of up to one year.

“TAR re-education-through-labour centre” (Trisam Prison) is under the jurisdiction of “TAR” Law Enforcement Department. Since this centre is situated 10 kilometres west of Lhasa near the Toelung County Bridge it is also referred to as Trisam Prison. Trisam was opened in or around February 1992 and has since received many of the political prisoners from Sangyip, Outridu and Gutsa. Trisam has three units: the first for male political prisoners, the second for male criminals and the third for women prisoners, both political and criminal. It acts as an “administrative detention centre” for juveniles and prisoners whose term does not exceed three years. Inmates are known to perform hard labour at Trisam. At least eight cells at Trisam are reportedly used for solitary confinement.

Powo Tramo is formerly referred to as the “TAR” No. 2 Prison. It is situated near the town of Tramo in Pome County, Nyingtri Prefecture (Ch: Linzhi), 500 kilometres east of Lhasa. It is run by the “TAR” authorities and is for prisoners who have been sentenced to 10 years or more. It is one of the largest prisons in the “TAR” with facilities for solitary confinement. Most prisoners here are subjected to hard labour such as felling trees and agriculture.

Lhasa Prison (formerly known as Outridu) may be the institution that the Chinese authorities described to the European Union’s Troika as Lhasa Municipal Prison during their visit in May 1998. Confinement cells used to punish prisoners measure six by three feet and do not have windows. Chinese authorities are reportedly expanding the capacity of Lhasa Prison by building several new blocks of cells. There are currently four cellblocks and approximately 500 criminal prisoners are reportedly held there. It acts as a part of the “TAR” Law Enforcement Department. Lhasa Prison holds detainees who have been formally sentenced to less than five years. Most of them are subjected to hard labour such as breaking rocks and working on the prison’s vegetable farm.

Tibetan Military Detention Centre is administered by the PLA and has existed since 1959. Around 1992 it moved to the Tsalgungthang area about 11 kilometres east of Lhasa. Some political prisoners are known to have been held there in 1999, but due to the expansion programme undertaken in other prisons it is uncertain whether more political detainees have subsequently been brought there. The centre now holds military prisoners.

Prefecture Detention Centres (PCD) are located at the administrative headquarters of each prefecture. There are six regions in the “TAR” besides Lhasa Municipality: Shigatse, Nagchu, Ngari, Lhoka, Kongpo-Nyingtri and Chamdo. These have “administrative detention” centres and kanshuo suo (detention centres for prisoners who have not yet been sentenced). In addition, there are prisons at the county level, which are generally for prisoners who have not yet been sentenced. The Chinese authorities reported to the visiting EU delegation in 1998 that each region and a number of counties have a local detention centre.

Zethang “Reform-through-labour facility” is a new facility (laojiao) which began functioning on 15 January 1998 with the first detainees being six Drayab monks. This “reform through re-education” complex is in Zethang village, 10 kilometres east of Chamdo. It is under the direct administration of the Law Enforcement Department in Chamdo Prefecture. The accused, who are given prison terms by the respective provinces (administrative sentences), are transferred to this new facility. There are 30 rooms in the compound, which can each accommodate six prisoners. The facility has 30 prison staff.

Maowan Prison (Ch: Aba Jlan Yu), is located in Maowan Qiang Autonomous County in Ngaba “TAP”, Sichuan. This prison accommodates prisoners from Ngaba and Karze regions and is one of the largest prisons in Sichuan Province. Those who are sentenced long-term are incarcerated here, including political prisoners. There are detention centres and prisons in every county and prefecture in the Tibetan regions of Sichuan, Qinghai, Gansu and Yunnan provinces. It is known that around 12 Tibetan political prisoners are incarcerated in Menyang and Xinduqio prisons in Sichuan.”
[22a] (p 99-100)"

Document(s): Open document

13.01.2005 - Source: International Federation for Human Rights

Woman sentenced to 18 months of Re-education Through Labour (RTL) by the Shanghai Public Security Bureau in April 2004, for protesting and petitioning against family planning policies ("Arbitrary detention and ill-treatment of Ms. Mao Hengfeng") [#28491][ID 3716]

"Ms. Mao Hengfeng is allegedly being subjected to abusive treatment in the RTL camp, including being suspended in mid-air with bound hands and feet, and subjected to severe beatings. It has been reported in November 2004 that police have bound her wrists and ankles with leather straps, and then pulled her limbs while demanding that she acknowledge wrongdoing. On November 18, 2004, at a hearing on her legal action against the authorities for terminating her welfare assistance, Ms. Mao displayed her injuries, but officials have taken no action on her behalf.

In addition, according to the information received, camp officials threatened to reduce her family visits and telephone calls, after she refused to sign a document acknowledging “thought reform”."

Document(s): Open document

14.12.2004 - Source: Amnesty International

Henan: prominent underground church leader detained by police; he is at risk of torture ("People´s Republic of China - UA 334/04") [#27622][ID 3718]

Document(s): Open document

02.12.2004 - Source: Reporters Sans Frontières

Free journalist Yu Dongyue has gone insane as a result of being tortured in prison ("Journalist Yu Dongyue reportedly loses his mind after being tortured") [#27440][ID 3719]

Document(s): Open document

12.2004 - Source: Laogai Research Foundation

Comprehensive listing of Laogai camps, their "public" and internal names, locations, and details about number of prisoners and products produced ("Laogai Handbook") [#34397][ID 3717]

Document(s): Part 1
Part 2 Part 3 Part 4

13.09.2004 - Source: Guardian

Hebei province: 23 Roman Catholics, including 8 priests and 2 seminary students arrested/ 2 of the priests were sentenced to "a period of re-education through forced labour," and 1 bishop died in a prison ("Vatican steps up criticism of China over arrests of Catholics") [#25511][ID 3720]

Document(s): Open document

08.06.2004 - Source: Amnesty International

Liaoning Province: prisoner of conscience Xiao Yunliang still being refused adequate medical treatment in Shenyang No. 2 Prison ("China - UA 197/04") [#23134][ID 3721]

Document(s): Open document
Open document

30.12.2003 - Source: BBC News

BBC: Falun Gong hacker died in jail ("Falun Gong hacker 'died in jail'") [#18564][ID 3722]

"A Chinese man jailed for hacking into cable television and broadcasting footage of the banned Falun Gong spiritual movement has died in prison, according to the group's website.
The group said that Liu Chengjun had suffered "cruel torture" and that eyewitnesses described blood stains all over his body. [...]
The Falun Gong website said that he died on 26 December in a civilian hospital.
It said that his body had been cremated on the same day without an autopsy. [...]
Falun Gong has said that more than 840 followers have been tortured to death in China.
The Chinese government has blamed the movement for 1,900 deaths, including people committing suicide and refusing medical treatment."

Document(s): Open document

24.12.2003 - Source: World Organisation Against Torture

OMCT: Ill-treatment of jailed trade union activists Yao Fuxin and Xiao Yunliang ("China: Ill-treatment of jailed trade union activists Yao Fuxin and Xiao Yunliang. [CHN 002/1103/OBS 060.1] ") [#18431][ID 3723]

"The Observatory has been informed that prison officials have refused a request by family members of jailed Liaoyang trade union activist Yao Fuxin to grant him medical parole for severe health problems.

According to Human Rights in China (HRIC) the families of Yao Fuxin and Xiao Yunliang recently visited the two men in Liaoning Province’s Lingyuan County No. 2 Prison, and found them in alarming physical condition. Yao has previously been sent to the prison hospital after losing consciousness twice due to a heart condition. He is also suffering from hearing loss and partial paralysis. Xiao is suffering from pleurisy and is almost entirely blind. He has edema throughout his body, and his hands are numb from prolonged use of handcuffs. Both men are kept in isolation and surveillance around the clock, and other prisoners are not allowed to speak with them.

Yao and Xiao’s families have requested that they be released for medical treatment outside of the prison system, a right that is provided for in Chinese law. But prison officials recently notified Yao’s family that their request had been denied because of the “special circumstances” of Yao’s case. Xiao’s family is still awaiting a decision regarding their request.

The Observatory remains seriously concerned about the physical and psychological integrity of Xiao Yunliang and Yao Fuxin and fears that the lack of access to medical care is deliberately used as a punishment by the Chinese authorities.

Background information:

The China Labour Bulletin (CLB) and Human Rights in China (HRIC) informed the Observatory, that on October 8, 2003, two labour activists, Yao Fuxin and Xiao Yunliang, imprisoned since March 2002, were transferred from Jinzhou Prison to the notorious Lingyuan Prison, considered to be one of the most brutal prison in China. The transfer was made despite the extremely poor health of both prisoners. Following their transfer to Lingyuan Prison, where prison conditions are allegedly harsh, their health rapidly deteriorated.

Yao Fuxin and Xiao Yunliang were detained for their role in organizing a mass workers demonstration that took place in March 2002 to protest corruption and delayed welfare payments in the city of Liaoyang in the Liaoning Province (See the 2002 Annual Report of the Observatory). They were tried in January 2003 on charges of “subverting state power,” (art. 105 of the criminal law) and respectively sentenced to seven and four years in prison. Their appeals were subsequently rejected by a higher court."

Document(s): Open document

06.11.2003 - Source: World Organisation Against Torture

OMCT: 2 labour activists transferred from Jinzhou Prison to the notorious Lingyuan Prison, considered to be one of the most brutal prisons in China/ they were transferred despite extremely poor health ("Yao Fuxin and Xiao Yunliang transferred to Lingyuan Prison [CHN 002 / 1103 / OBS 060]") [#17450][ID 3725]

"two labour activists, Yao Fuxin and Xiao Yunliang, imprisoned since March 2002, were transferred on 8 October 2003, from Jinzhou Prison to the notorious Lingyuan Prison, considered to be one of the most brutal prison in China. Lingyuan Prison is a huge penal colony, located in Liaoning Province close to the border of Inner Mongolia.

The transfer was made despite the extremely poor state of health of both prisoners. According to the information received, Yao Fuxin and Xiao Yunliang's health condition has rapidly deteriorated since their transfer to Lingyuan prison, due to the lack of proper medical facilities available in that prison.

The families of both men were able to visit the two prisoners on 22 October at Lingyuan. They confirmed that hope that the two prisoners will survive their prison sentences is diminishing every day due to the lack of medical treatment and the seriousness of their underlying medical conditions."

Document(s): Open document

10.2003 - Source: UK Home Office

Country Assessment - October 2003 - Prisons and Prison Conditions ("Country Report - October 2003") [#49232][ID 3726]

"The Prison System

5.44. The US State Department report for year 2001 states that conditions in both the prison system and the administrative detention facilities are "harsh and frequently degrading". Facilities are often over-crowded, with poor sanitation and of poor constructional quality. Prisoners often rely upon food and medicine supplements from relatives, with a very low standard of medical care available. Prison discipline relies upon guards appointing "cell bosses" with many attendant abuses. Forced labour is common.

5.45. The authorities do not permit the independent monitoring of conditions inside prisons, labour camps, or any other part of the penal and associated systems.

5.46. China's judicial department is experimenting with community service in Beijing, Shanghai, Tianjin and the eastern provinces of Jiangsu and Zhejiang (report dated 1 August 2003). Those prisoners selected are required to work at least 10 hours a month in jobs selected by the Judicial Bureau. They also face restrictions on their movement and must live at home. A trial scheme in Shanghai reported no re-offending by the 100 offenders to have completed the programme.

Re-education through Labour

5.47. The emphasis given by the Chinese authorities on the need to maintain stability and social order has given rise to forms of administrative detention that have been widely used in China since the 1950s against many of those who may or may not have committed a crime. Government officials have been able to impose random and unreasonable penalties, lacking a legal basis. To regulate the system of administrative sanctions that can be imposed by state officials, the Administrative Punishment Law was brought into force in October 1996.

5.48. Two forms of administrative detention that have given rise to human rights violations are "shelter and investigation" and "re-education through labour". The revised CPL abolished shelter and investigation as an administrative measure, though this form of detention has now been integrated into the criminal process. The regulations on shelter and investigation allowed the police to detain specific categories of suspects without charge for periods up to three months. In practice, it has been used as a convenient measure to detain, without judicial review, anyone the police wished, including political dissidents, whether or not they met the specified categories and often for periods exceeding the permitted maximum.

5.49. Re-education through Labour (not the same as Reform through Labour, which is a criminal sanction) is a form of administrative detention imposed as a punishment on those regarded as troublemakers or those accused of minor offences not amounting to "crimes". It involves detention without charge or trial for up to three years, renewable by one year, in a forced labour camp. People who can be subjected to this punishment include those classified as endangering state security, anti-Party, anti-socialist, anti-social elements and hooligans.

Psychiatric Institutions

5.50. Abuse of mental health system as an alternative detention system was highlighted again by Robin Munro, a London researcher, in February 2001. His research showed the amount of such abuse had fallen by the early 1990s but is still used in a number of cases, most recently and particularly in Falun Gong cases, estimating that 600 Falun Gong practitioners have been sent for psychiatric treatment. There are alleged cases of patients being force-fed psychiatric drugs."

Document(s): Open document

13.05.2003 - Source: Human Rights Watch

HRW: Health of 2 Tibetan prisoners in jeopardy/ there is reason to fear that their current medical state is largely the result of prison conditions and of torture ("China: Tibetan Prisoners' Health in Jeopardy") [#12658][ID 3728]

"Tserang's condition has seriously deteriorated since his imprisonment, and there are grave concerns that he will not survive his sentence, believed to be somewhere between five and seven years. He is said to be having serious trouble seeing and has lost movement and flexibility in his legs. Tserang is in his late sixties or early seventies and was in good health at the time he was detained.
[...]
Tashi Phuntsog, who reportedly received a seven-year sentence, may also be in fragile health. At the time of the raid, he was being treated for tuberculosis at a hospital in nearby Nyagchukha. Two weeks later, police officers took him directly from the hospital into detention. There is no information available about his current condition, the date of sentencing, the charges, or where he is imprisoned.
[...]
Chinese authorities have admitted that the ill-treatment of prisoners persists throughout China. Official secrecy surrounding arrests, incommunicado detention, closed trials, and the use of evidence obtained through forced confessions contributes to the use of torture and arbitrary legal proceedings."

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31.03.2003 - Source: US Department of State

USDOS: Prison conditions are generally harsh and often degrading; inadequate food and medical care; in many provinces political prisoners are segregated from each other and placed with common criminals ("Country Reports on Human Rights Practices - 2002") [#11835][ID 3729]

"Conditions in penal institutions for both political prisoners and common criminals generally were harsh and frequently degrading. Prisoners and detainees often were kept in overcrowded conditions with poor sanitation, and their food often was inadequate and of poor quality. Many detainees relied on supplemental food and medicines provided by relatives, but some prominent dissidents reportedly were not allowed to receive supplemental food or medicine from relatives. According to released political prisoners, in many provinces it was standard practice for political prisoners to be segregated from each other and placed with common criminals. Released prisoners reported that common criminals have beaten political prisoners at the instigation of guards. However, some prominent political prisoners received better than standard treatment.

The 1994 Prison Law was designed, in part, to improve treatment of detainees and increase respect for their legal rights. Some prisoners were able to use administrative procedures provided for in this law to complain about prison conditions. The Government has created some "model" facilities, where inmates generally received better treatment than those held in other facilities.

Adequate, timely medical care for prisoners continued to be a serious problem, despite official assurances that prisoners have the right to prompt medical treatment if they become ill. Nutritional and health conditions were often grim. Political prisoners who continued to have difficulties in obtaining medical treatment, despite repeated appeals on their behalf by their families and the international community, included China Democracy Party co-founders Qin Yongmin and Wang Youcai, labor activist Hu Shigen, Liberal Democratic Party activist Kang Yuchun, labor activist Liu Jingsheng, and Uighur businesswoman Rebiya Kadeer. Zhang Shanguang, who was serving a 10-year sentence for disclosing news of labor demonstrations to Radio Free Asia, suffered from tuberculosis. Prison officials in Xinjiang have not allowed family members of businesswoman and prominent Uighur activist Rebiya Kadeer to bring her medicine for heart disease since her arrest in August 1999. Chinese authorities claimed Kadeer was in good health and received special medical treatment, but others claimed that she continued to be in poor health. There also were allegations that she had been abused physically. Officials reportedly denied repeated requests for her to be hospitalized. In July Hunan officials rearrested political activist Li Wangyang, who had demanded that the Government pay his medical bills to treat ailments he contracted while serving an earlier 13-year prison sentence. However, in December the Government released China Democracy Party co-founder Xu Wenli, who suffered from Hepatitis B.

Conditions in administrative detention facilities, such as reeducation-through-labor camps and "custody and repatriation" centers, were similar to those in prisons."

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text with hyperlinks

09.08.2002 - Source: Amnesty International

AI: Prisons in the XUAR ("China: Amnesty International calls for release of businesswoman Rebiya Kadeer and other Uighur prisoners of conscience") [#8183][ID 3730]

"[...]
Prisons in the XUAR are notoriously harsh, with poor food, inadequate sanitation, and poor standards of medical treatment. Rebiya Kadeer's health has reportedly deteriorated over the last few months.
[...]"

Document(s): Open document

21.01.2002 - Source: Amnesty International

AI: Poor conditions of detention and widespread torture in Tibetan prisons ("China: Release of Tibetan prisoner of conscience welcome but authorities must do more") [#5376][ID 3731]

"[...]
Tibetan prisons are notorious for their poor food and poor sanitary conditions which contribute to long-term health problems for many prisoners.
"Poor conditions of detention coupled with widespread torture and abuse make life extremely harsh for all those jailed in Tibet," Amnesty International said.
Another political prisoner, Ngawang Lochoe, a 28-year-old Buddhist nun from Lhasa, reportedly died in custody in Drapchi Prison in February last year, apparently due to pancreatis. Unofficial reports suggest that she was only hospitalized on the day that she died and there are serious concerns that beatings or other forms of torture and ill-treatment may have also contributed to her death.
[...]"

Document(s): Open document

09.09.2001 - Source: New York Times

New York Times: Inhuman prison conditions and forced confessions ("Torture Hurries New Wave of Executions in China") [#3907][ID 3734]

"[...]
But just before the end of the three-month period that police are allowed to hold suspects, Mr. Liu says they plunged him into brutal, round-the-clock interrogations.
His wife says he was handcuffed to a window so he had to either stand or hang from his wrists. She says he was only allowed to eat a few bites of food by lowering his head to a bowl. A document submitted to the court by his lawyers said that Mr. Liu had not been allowed to drink or close his eyes during the interrogation.

The police told him the questioning would continue for 10 days and that if he did not confess he would probably be executed, and offered him a lighter sentence if he did, according to his lawyers.

On the third day, Mr. Liu broke. In the videotaped confession, which his wife has seen, interrogators did most of the talking while a dispirited Mr. Liu answered "yes" to the scenario they presented.
[...]
During the five years he was jailed, Mr. Liu says he was held in a series of 200-square-foot rooms crammed with as many as 26 people. He slept on boards or on the floor. He was rarely allowed outside and given few opportunities to exercise. For 16 months both his hands and feet were shackled, he says. He saw about 30 people sent to their deaths.
[...]"

Document(s): 02005chi.htm
Open document