BEIJING, Dec. 6 (UPI) -- China Tuesday denied allegations made by the U.N.'s Special Rapporteur on Torture last week, who said the illegal practice remains ubiquitous in the country.
At the end of his tour on Dec. 2, Manfred Nowak told reporters in Beijing he believed use of torture was declining in China, particularly in urban areas, however the practice is still widespread. The fact-finding envoy also mentioned "frequent surveillance" of his interviews outside prisons as well as security personnel physically preventing Chinese from talking to him.
China's state-run press has been largely mute in its coverage of what Nowak had to say. On Tuesday, United Press International asked Ministry of Foreign Affairs spokesman Qin Gang to comment on the U.N. representative's remarks.
Qin said, "China cannot accept the so-called allegation that torture is still widespread. As a signatory party to the U.N. convention against torture, we have set up a prevention, monitoring, punishment and compensation legal system with relevant laws and regulations on torture. We have made effective efforts in this regard."
Legal experts have noted Chinese law on torture is quite specific, defining cases of its use that result in lasting harm to detainees, but remains vague in handling physical abuse that leaves no discernable mark as well as forms causing psychological damage.
"Insofar as some individual torture cases, we will handle the cases in accordance with law," Qin promised.
The foreign ministry spokesman stated: "We understand Nowak's work is to find problems and give criticism, but within a short period of two weeks, and a trip to only three cities, he may have jumped to a conclusion that torture is widespread in China.
"This falls short of the facts and does not conform to the reality, so we have expressed our position to the rapporteur and hope he can correct wrong conclusions in his report," the spokesman added.
Qin said through the visit "the Special Rapporteur and China made a comprehensive exchange, enhanced mutual trust, created favorable conditions for later cooperation." He added: "We hope through what he learned in China the rapporteur can write an objective and just and fair report. China is willing to take an open and sincere attitude to maintain cooperation with Mr. Nowak."
In a follow-up question UPI asked Qin if a date had been set for the next visit by the Special Rapporteur. After reiterating his country's stance on cooperating with the rapporteur, the spokesman responded, "as for the specifics, China needs to have further consultation with the Human Rights mechanism of the U.N."
During his Dec. 2 press conference UPI asked Nowak when he might visit next as well as what his hopes were for long term cooperation and establishing a presence in China.
The Special Rapporteur said: "I don't think that I will come in the next few months for another visit, that's not the normal way, but there might be a follow-up visit. I am very willing to do that, and there were certain indications from the government that they might also be interested in a follow-up mission."
Nowak said it was important to look back on the issue of long term cooperation. "It took us almost 10 years to arrive at the point where we are now, that I was invited in accordance with my terms of reference to carry out this mission. So I see this as a major step of mutual cooperation between the United Nations and the government of the PRC.
"Cooperation means first of all I hope that the PRC will actually take my recommendations seriously and implement them in a positive spirit, perhaps also with the assistance of the U.N.," he said.
Noting the U.N.'s High Commissioner for Human Rights Louise Arbour signed a Memorandum of Understanding with the Chinese in August 2005, Nowak said "there will be technical cooperation by this office."
Nowak expressed the hope the High Commissioner will be able to set up a field presence in the PRC in the near future, but said the United Nations Development Program and other organizations were already in China and able to provide technical cooperation.
Qin refuted allegations made by Nowak that he was followed during his visit and that people who wished to talk to him were prevented from doing so by the state security apparatus.
"As far as we (the foreign ministry) know, there were no public or state security personnel impeding family members of detainees from having meetings with the rapporteur. There were no such staff stalking and monitoring the activities of Mr. Nowak; the general principles for the visit were fully respected."
The next real test of China's commitment to eliminating the practice of torture will be its response to Nowak's report once it is published. Few expect the country to get a glowing review. Analysts note the initial response of denial issued by the foreign ministry did not resort to vitriol in refuting the charges.
