谷歌翻译联合国新疆人权评估5

谷歌翻译联合国新疆人权评估

V、Conditions and treatment in “Vocational Education and Training Centres”

“职业教育培训中心”的条件和待遇

 

69、Repeated claims raised of adverse conditions and harsh treatment of detainees by the authorities in the VETC facilities have been raised. The Government has denied such allegations, asserting in its 2019 White Paper on “Vocational Training and Education in Xinjiang” that the rights of “trainees” are fully respected.

已经提出了有关当局在VETC设施中对被拘留者的不利条件和严厉对待的一再声称。政府否认了此类指控，在其2019年《新疆职业培训与教育》白皮书中称，“受训人员”的权利得到充分尊重。

70、Former detainees interviewed by OHCHR had spent periods of time, generally ranging from two months to 18 months, in facilities in eight different geographic locations across XUAR, including in Ili Kazakh Autonomous Prefecture, Aksu, Bayingol, Hotan, Karamay and Urumqi prefectures. Two-thirds of the twenty-six former detainees interviewed, reported having been subjected to treatment that would amount to torture and/or other forms of ill-treatment, either in VETC facilities themselves or in the context of processes of referral to VETC facilities. These claims of mistreatment took place either 

during interrogations or as a form of punishment for (alleged) wrongdoing. Their accounts included being beaten with batons, including electric batons while strapped in a so- called “tiger chair”; being subjected to interrogation with water being poured in their faces; prolonged solitary confinement; and being forced to sit motionless on small stools for prolonged periods of time. Persons reporting beatings for confessions described being taken to interrogation rooms that were separate to the cells or dormitory spaces where people were staying. Over two-thirds of the individuals also reported that, prior to their transfer to a VETC facility, they were held in police stations, where they described similar instances of being beaten while also immobilised in a “tiger chair” in those facilities.

 

18 个月，在新疆伊犁哈萨克自治州、阿克苏、巴音郭勒、和田、克拉玛依和乌鲁木齐等八个不同地理位置的设施中。在接受采访的26名前被拘留者中，三分之二报告称，无论是在VETC设施本身还是在转介到VETC设施的过程中，都曾遭受相当于酷刑和/或其他形式虐待的待遇。这些虐待指控发生在审讯期间或作为对（被指控的）不法行为的一种惩罚形式。他们的描述包括被警棍殴打，包括被绑在所谓的“老虎椅”上的电棍；被人泼水审问；长期单独监禁；并被迫长时间坐在小凳子上一动不动。报告被殴打以供认罪的人称，他们被带到审讯室，这些审讯室与人们居住的牢房或宿舍空间分开。三分之二以上的人还报告说，在他们被转移到VETC设施之前，他们被关押在警察局，在那里他们描述了类似的被殴打的情况，同时还被固定在这些设施的“老虎椅”上。

71、Forms of harsh treatment beyond those related to interrogations and punishment were also reported. Several interviewees described being shackled during parts of their period of confinement in VETC facilities.A consistent theme was description of constant hunger and, consequently, significant to severe weight loss during their periods in the facilities. They also spoke about constant surveillance and the lights in the dorms/cells being switched on throughout the night, depriving them of sleep.Interviewees described how people in the dorms/cells would have to take two-hour nightshifts to ensure cellmates were not praying or otherwise breaking rules at night-time.Some also noted that they were not allowed to speak their own language (whether Uyghur or Kazakh) and could not practice their religion, such as pray, which they experienced as a further hardship. This was further exacerbated by the “political teachings”, consisting of having to learn and memorise so-called “red songs” and other official Party material. Interviewees consistently referred to this as an omnipresent aspect of their time in the VETC facilities, with one interviewee describing their experience as follows: “We were forced to sing patriotic song after patriotic song every day, as loud as possible and until it hurts, until our faces become red and our veins appeared on our face.”

除了与审讯和惩罚有关的形式之外，还报告了其他形式的严厉对待。几位受访者描述了他们在VETC设施中的部分监禁期间被束缚。一个一致的主题是描述了他们在设施期间持续的饥饿，因此体重明显下降至严重。他们还谈到了持续的监视和宿舍/牢房的灯整晚都开着，剥夺了他们的睡眠。受访者描述了宿舍/牢房里的人如何不得不上两个小时的夜班，以确保狱友在夜间不祈祷或以其他方式违反规则。一些人还指出，他们不被允许说自己的语言（无论是维吾尔语还是哈萨克语），也不能信奉他们的宗教，例如祈祷，这是他们经历的进一步困难。“政治教义”进一步加剧了这种情况”，包括必须学习和记忆所谓的“红歌”和其他党的官方材料。受访者一直认为这是他们在VETC设施中无处不在的方面，一位受访者描述了他们的经历如下：直到我们的脸变得通红，我们的血管出现在我们的脸上。”

 

72、Almost all interviewees described either injections, pills or both being administered regularly, as well as blood samples being regularly collected in the VETC facilities. Interviewees were consistent in their descriptions of how the administered medicines made them feel drowsy. One interviewee, for example, described the process as follows: “We received one tablet a day. It looked like aspirin. We were lined up and someone with gloves systematically checked our mouths to make sure we swallowed it”.While the frequency of these medical interventions and treatments varied according to interviewees, both injections and the administration of what were described as “white pills” occurred at the beginning of their placement and throughout their time in the VETCs. None of the interviewees were properly informed about these medical treatments, nor did they feel they were in a position to refuse them. In such circumstances informed consent cannot be inferred.

几乎所有受访者都描述了在VETC设施中定期进行的注射、药丸或两者兼而有之，以及定期采集的血样。受访者对服用的药物如何使他们感到昏昏欲睡的描述是一致的。例如，一位受访者将这个过程描述如下：“我们每天收到一个平板电脑。它看起来像阿司匹林。我们排好队，有人戴着手套系统地检查我们的嘴，以确保我们吞下了它。”虽然这些医疗干预和治疗的频率因受访者而异，但注射和使用所谓的“白色药丸”都发生了在他们开始安置时以及在VETC的整个期间。没有一个受访者被适当地告知了这些治疗，他们也不觉得自己可以拒绝这些治疗。在这种情况下，不能推断出知情同意。

73、Some also spoke of various forms of sexual violence, including some instances of rape, affecting mainly women. These accounts included having been forced by guards to perform oral sex in the context of an interrogation and various forms of sexual humiliation, including forced nudity. The accounts similarly described the way in which rapes took place outside the dormitories, in separate rooms without cameras. In addition, several women recounted being subject to invasive gynaecological examinations, including one woman who described this taking place in a group setting which “made old women ashamed and young girls cry”, because they did not understand what was happening. The Government has firmly denied these claims, often through personal or gendered attacks against the women who have publicly reported these allegations.

一些人还谈到了主要影响妇女的各种形式的性暴力，包括一些强奸事件。这些叙述包括被警卫强迫在审讯的情况下进行口交和各种形式的性羞辱，包括强迫裸体。这些叙述类似地描述了在宿舍外发生强奸的方式，在没有摄像头的单独房间里。此外，几名妇女讲述了接受侵入性妇科检查的经历，其中一名妇女描述了这种情况发生在“让老妇人感到羞耻和年轻女孩哭泣”的集体环境中， 因为她们不明白发生了什么。政府通常通过对公开报告这些指控的妇女进行人身或性别攻击，坚决否认这些指控。

74、A number of interviewees stated that they suffered from persistent health conditions as a result of the harsh conditions and treatment they reported experiencing in the facilities.Some of the interviewees also described their stay in the facilities as a “psychological torture”, due to the uncertainty about the reasons for their detention, the length of their stay, their conditions, the constant atmosphere of fear and lack of contact with the outside world, especially their families, and the stress and anxiety associated with the constant surveillance. As one interviewee stated, “the worst thing was that you never knew when you would be let out”. Many of the interviewees reported long-term psychological consequences from their periods of confinement at VETC facilities, including feelings of trauma.

一些受访者表示，由于他们报告在设施中经历的恶劣条件和待遇，他们一直患有健康状况。一些受访者还将他们留在设施中描述为“心理折磨”，因为 对他们被拘留的原因、逗留时间长短、他们的条件、持续的恐惧气氛和缺乏与外界特别是他们的家人的联系的不确定性，以及与持续监视相关的压力和焦虑。 正如一位受访者所说，“最糟糕的是，你永远不知道自己什么时候会被放出来”。许多受访者报告了他们在 VETC 设施的监禁期间的长期心理后果，包括创伤感。

75、Consistent first-hand accounts regarding the conditions and treatment of detainees in VETCs revealed multiple serious human rights concerns. Firstly, they pointed to violations of the fundamental obligation to treat individuals deprived of their liberty humanely and with dignity and of the absolute prohibition of torture and other forms of cruel, inhuman or degrading treatment or punishment. Additionally, the cumulative conditions and treatments that characterized their daily life in the VETC facilities constituted violations of 

the basic standards for the humane treatment of detainees.Such conditions, especially when experienced over extended periods or in recurring forms, may also result in physical and mental suffering that is severe enough to amount to torture or other forms of cruel, inhuman or degrading treatment or punishment.

 

关于职业培训中心被拘留者的条件和待遇的一致的第一手资料揭示了多个严重的人权问题。首先，他们指出违反了以人道和有尊严的方式对待被剥夺自由的个人的基本义务 以及绝对禁止酷刑和其他形式的残忍、不人道或有辱人格的待遇或处罚 。将他们在 VETC 设施中的日常生活描述为违反了对被拘留者人道待遇的基本标准。 这种情况，尤其是在长期或反复出现时，也可能导致严重的身心痛苦，足以构成酷刑或其他形式的残忍、不人道或有辱人格的待遇或处罚。

76、There are also concerns regarding the right to health for persons deprived of liberty in VETCs. Every human being is entitled to the enjoyment of the highest attainable standard of physical and mental health, including individuals who are deprived of their liberty. This includes the right to control one’s health and body and the right to be free from interference, such as the right to be free from torture and non-consensual medical treatment. Guaranteeing informed consent is fundamental to achieving the enjoyment of the right to health through practices, policies and research that respect individual autonomy, self- determination and human dignity. The right to health also extends to the underlying determinants of health, such as access to safe and potable water and adequate sanitation, and an adequate supply of safe food and nutrition, among others.

职业技术培训中心被剥夺自由者的健康权也令人担忧。每个人都有权享受可达到的最高标准的身心健康包括被剥夺自由的个人。这包括控制自己的健康和身体的权利以及不受干扰的权利，例如不受酷刑和未经同意的医疗的权利。  保证知情同意是实现享有健康权的基础通过尊重个人自主权、自决权和人的尊严的实践、政策和研究。 健康权还延伸到健康的基本决定因素，例如获得安全饮用水和充足的卫生设施，以及充足的安全食品和营养等。

77、Additionally, there is a serious concern regarding the Government’s response to allegations of human rights violations in the context of the VETCs, and the apparent lack of redress mechanisms. Even if some laws provide in principle for sanctions of officials who abuse their power or fail to perform their duties, OHCHR is not aware of any individual instances of imposition of such sanctions. Similarly, the Government’s policy framework does not refer to any independent oversight mechanism for the operation of the VETC facilities that might conduct inspections or through which concerned individuals could appeal the decision to compel them to attend the VETC programme or to investigate complaints of alleged human rights violations throughout the process.While a small number of first-hand accounts made reference to some form of outside visits by officials that took place at times in VETC facilities, their descriptions do not indicate that these were organized in a manner that were conducive for individuals to report abuses.These circumstances, in sum, raise serious doubt as to the availability, in practice, of effective remedies against violations of detainees’ rights, and the concerns expressed in 2016 by the UN Committee against Torture urging China to “establish an independent oversight mechanism to ensure prompt, impartial and effective investigation into all allegations of torture and ill-treatment” remain valid.

此外，政府对 VETC 侵犯人权指控的回应以及明显缺乏补救机制令人严重关切。即使某些法律原则上规定了对滥用职权或不履行职责的官员的制裁，但人权高专办不知道有任何个别实施此类制裁的事例。同样，政府的政策框架也没有提及任何独立监督机制来监督 VETC 设施的运作，这些机制可能会进行检查，或者有关个人可以通过该机制对强迫他们参加 VETC 计划或调查有关人权的投诉的决定提出上诉虽然少数第一手资料提到了官员有时在 VETC 设施中进行的某种形式的外部访问，但他们的描述并未表明这些活动的组织方式有利于总之，这些情况令人严重怀疑在实践中是否有针对侵犯被拘留者权利的有效补救措施，以及联合国禁止酷刑委员会在 2016 年敦促中国“建立一个独立的监督机制，以确保及时、公正和有效地调查所有酷刑和虐待之门”仍然有效。

 

78、In conclusion, descriptions of detentions in the VETCs in the period between 2017 and 2019 gathered by OHCHR were marked by patterns of torture or other forms of cruel, inhuman or degrading treatment or punishment, other violations of the right of persons deprived of their liberty to be treated humanely and with dignity, as well as violations of the right to health. Allegations were also made of instances of sexual and gender-based violence (SGBV) in VETC facilities, including of rape, which also appear credible and would in themselves amount to acts of torture or other forms of ill-treatment. Based on currently available information, it is not possible to draw wider conclusions as to the extent to which there may have been broader patterns of SGBV in VETC facilities. The Government’s blanket denials of all allegations, as well as its gendered and humiliating attacks on those who have come forward to share their experiences, and have added to the indignity and suffering of survivors.

最后，人权高专办收集的 2017 年至 2019 年期间在 VETC 拘留的描述以酷刑或其他形式的残忍、不人道或有辱人格的待遇或处罚，以及其他侵犯被剥夺人道和有尊严的对待的自由，以及对健康权的侵犯。还对 VETC 设施中的性暴力和基于性别的暴力 (SGBV) 事件提出了指控，包括强奸，这些指控似乎也是可信的，本身就构成酷刑或其他形式的虐待行为。根据目前可用的信息，无法就 VETC 设施中可能存在更广泛的 SGBV 模式的程度得出更广泛的结论。政府全面否认所有指控，以及对那些站出来分享经验的人进行性别歧视和侮辱性攻击，加剧了幸存者的屈辱和痛苦。