Mary Lawlor, UN Special Rapporteur on human rights defenders, has issued a call to Chinese authorities to uphold the rights of imprisoned human rights activists, amid allegations of serious human rights violations. Reports have emerged that seven activists have been subjected to torture and denied essential medical care, along with restricted access to family and legal counsel. The Chinese government has been urged to provide a transparent response to these allegations, highlighting concerns about the treatment of detained human rights defenders. For additional context, read more.
One particular case drawing international attention is that of Gao Zhisheng, a prominent human rights lawyer whose whereabouts have been unknown since 2017. Despite consistent calls from UN experts for information regarding his location, China’s silence persists. This lack of transparency has been labeled “totally unacceptable,” given that enforced disappearances can amount to crimes against humanity under international law. The International Law Commission asserts that the prohibition of torture constitutes a jus cogens norm, indicating it cannot be overridden by states under any circumstances.
China’s ratification of the Convention against Torture obligates it to adhere to international standards against inhumane treatment. However, the country has not ratified the International Covenant on Civil and Political Rights, which complicates the enforcement of certain rights within its jurisdiction. Nonetheless, according to the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, access to legal counsel is a key component of the right to a fair trial. Moreover, the Nelson Mandela Rules emphasize the right of prisoners to appropriate medical care.
The UN Special Rapporteur’s call extends to ensuring detained activists are held in officially recognized facilities, where their fate and whereabouts are documented and communicated to those with legitimate interests. This comes at a time when China’s human rights practices are under increased scrutiny, with international bodies emphasizing the urgent need for compliance with globally recognized standards to protect the rights and dignity of those within its detention system.