Submission to UN on Ding Baogui – August 12, 2009
Comments Off on Submission to UN on Ding Baogui – August 12, 2009Communiqué to UN Human Rights Special Procedures from Chinese Human Rights Defenders, Alleging Torture and Cruel, Degrading, and Inhumane Treatment of Ding Baogui, citizen of People’s Republic of China
To: Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
The Working Group on Arbitrary Detention
I. Identity of the person(s) subjected to torture
A. Family Name: Ding (丁)
B. First and other names: Baogui (宝贵)
C. Sex: Male
D. Birth date or age: At the time of his death in 2001, Ding was 49 years old.
E. Nationality: Chinese
F. Occupation: Temporary worker working at various odd jobs
G. Activities (trade union, political, religious, humanitarian/ solidarity, press, etc.): Ding was working for a man who gave him the job of a porter carrying timber.
H. Residential and/or work address: Dailing District, Yichun City, Heilongjiang Province
II. Circumstances surrounding torture
A. Date and place of arrest and subsequent torture
On September 3, 2001, Ding was taken into custody for illegal logging by police from the Dailing District Public Security Bureau (PSB) and detained in the Dailing Detention Center. While in the detention center, Ding was repeatedly beaten by police officers and fellow detainees. The last beating took place at around 8 in the morning on December 4. Ding fell ill the next morning and by the time he was taken to the courtyard of the detention center, he was already dead.
B. Identity of force(s) carrying out the initial detention and/or torture (police, intelligence services, armed forces, paramilitary, prison officials, other)
Yin Weisen (尹维森): police officer at Dailing District PSB
Wang Zhanjun (王占军): police officer at Dailing District PSB
Dong Sheng (董胜): fellow detainee at Dailing Detention Center
Ji Xu (纪续): fellow detainee Dailing Detention Center
Dong and Ji were “cell bosses”—detainees who control other detainees through the use of violence, often at the instigation of guards as a technique for the disciplining and coercion of uncooperative detainees. This practice of using “cell bosses” remains endemic in China’s detention facilities.
C. Were any person, such as a lawyer, relatives or friends, permitted to see the victim during detention? If so, how long after the arrest?
No one was permitted to see Ding during his detention.
D. Describe the methods of torture used
Ding was punched, kicked, pushed and pulled.
E. What injuries were sustained as a result of the torture?
Ding died as a result of torture.
F. What was believed to be the purpose of the torture?
It was believed that police tortured Ding to extract confession and to pressure Ding’s family to provide the police with money.
It is a common practice in China that family of a detainee is pressured to pay the police in exchange for his/her release.
G. Was the victim examined by a doctor at any point during or after his/her ordeal? If so, when? Was the examination performed by a prison or government doctor?
No.
H. Was appropriate treatment received for injuries sustained as a result of the torture?
No.
I. Was the medical examination performed in a manner which would enable the doctor to detect evidence of injuries sustained as a result of the torture? Were any medical reports or certificates issued? If so, what did the reports reveal?
No.
J. If the victim died in custody, was an autopsy or forensic examination performed and which were the results?
The police claimed that Ding died of “natural illness” and did not order an autopsy to be performed. More than a year after Ding’s death, on March 18, 2003, his family paid for an autopsy. The results show that Ding’s body sustained numerous injuries to his soft tissue and muscles and he had 24 distinct wounds, covering a total area of 868 square centimeters of his body. The report says Ding died of myocarditis, but his death was the result of his medical condition exacerbated by external injuries.
III. Remedial action
Were any domestic remedies pursued by the victim or his/her family or representatives (complaints with the forces responsible, the judiciary, political organs, etc.)? If so, what was the result?
Ding’s family has repeatedly petitioned higher authorities demanding that the torturers be held legally accountable. However, the local authorities have performed no investigation into Ding’s death and taken no action against the perpetrators. The authorities continue to refuse to acknowledge that Ding was tortured and have not compensated the family for Ding’s death.