V.
Recommendations
To the Chinese Government
- Release accurate information
on all those detained, released, and formally arrested in the aftermath of
the protests in Xinjiang Uighur Autonomous Region;
- Release those against whom no
charges have been brought;
- Immediately stop the practice
of enforced disappearances. Ensure that all arrests are carried out in
accordance with both national and international law and promote transparency
on detention. To this end:
- Ensure that all persons detained by security
forces are held at recognized places of detention, and that arresting officers
identify themselves and present official identification;
- All places of detention should be required
to maintain records regarding every detainee, including the date, time, and
location of arrest, the name of the detainee, the reason for detention, and the
specific unit or agency responsible for the detention. The records should be
available to detainees’ families, counsel, and other legitimately
interested persons. All transfers of detainees should be reflected in the
records;
- In accordance with international and
national law, detainees should promptly be brought before a judge and informed
of the reasons for arrest and any charges against them. The family should be
informed promptly of the arrest and location of the detainee. Any persons
detained by the security forces must be allowed contact with family and
unhindered access to legal counsel of their choice;
- Sign and ratify the International Convention
for the Protection of All Persons from Enforced Disappearance and enact
national legislation that gives force to its provisions;
- Investigate all cases of
enforced disappearances and unlawful arrests in the aftermath of the
Urumqi protests. Discipline or prosecute as appropriate all those
implicated in these violations;
- Ensure that all prosecutions
in connection with the Urumqi protests are conducted in strict compliance
with international due process standards;
- Sign and ratify the
International Convention for the Protection of All Persons from Enforced
Disappearance and enact national legislation that gives force to its
provisions;
- Allow independent
international investigation into the circumstances of the Xinjiang
protests of July 5-7, 2009 and their aftermath;
- Ratify the International
Covenant on Civil and Political Rights;
- Issue invitations to United Nations special mechanisms,
including the Working Group on Enforced and Involuntary Disappearances,
special rapporteurs on the Freedom of Opinion and Expression, on Religion
or Belief, on Minority Issues, on Protecting Human Rights While Countering
Terrorism, and Torture.
To the United Nations Office of the High
Commissioner for Human Rights (UNOHCHR)
- The United Nations High
Commissioner for Human Rights should accept the earlier extended
invitation of the Chinese authorities for a visit and specifically request
to visit Xinjiang;
- Offer to send a team from the Office of the High Commissioner
for Human Rights to conduct an investigation into what happened in Urumqi
during and after the protests.
To the United Nations Children’s Fund (UNICEF)
- Urge the Chinese government to
release accurate information on children detained after the protests and
to release those against whom no charges have been brought;
- Insist that relevant international standards, including
the Convention on the Rights of the Child, be applied to the detained
children.
To China’s International Partners
- Urge the government of China to
put an end to the practice of “disappearances” and unlawful
detentions; to account for every person detained in connection with the
Urumqi protests; to vigorously investigate the “disappearances,”
and to discipline or prosecute the perpetrators;
- Extend full and active support
to the international investigation into the Urumqi events under the
auspices of the United Nations Office of the High Commissioner for Human
Rights;
- Urge the Chinese government to
review the official policies and practices in Xinjiang which contributed
to unrest;
- When seeking cooperation with
China on counterterrorism efforts, stress that the threat of terrorism
cannot be an excuse to persecute specific ethnic groups.
