A/HRC/44/50/Add.4
at the reported lack of publicly available information about the composition of the chemicals,
which increased the anxiety, fear and health issues suffered by the population. It also
presented a challenge to the provision of proper medical care. The Special Rapporteur regrets
that no reply from the Government has been received to date.
71.
Communication CHN 3/2020 also related to the above-mentioned protests in Hong
Kong, focusing on the alleged harassment, intimidation and arrest of healthcare workers
including first-aiders; restrictions imposed on impartial healthcare, and the misuse of
healthcare transport, facilities, and confidential information. The Special Rapporteur raised
serious concerns regarding reports of large numbers of healthcare workers allegedly being
arrested in the course of performing their legitimate healthcare duties during the protests,
detained for 24 hours and then released on police bail pending possible charges, despite
having provided identification proving their credentials. In addition, documented cases
appeared to show that police officers denied injured protesters prompt access to medical care
despite the serious injuries suffered. Furthermore, law enforcement officers are alleged to
have used ambulances to transport personnel and equipment including weapons and
ammunitions, while undercover police officers have allegedly impersonated first-aiders to
arrest injured protesters. The Special Rapporteur also expressed his serious concern at reports
of police patrols around hospitals and undue tracking of confidential medical information,
which have reportedly caused widespread fear amongst the public and undermined
confidence in patient confidentiality. The Special Rapporteur thanks the Government for its
detailed reply received 28 May 2020. The Special Rapporteur acknowledges the challenging
environment in which both police and healthcare workers (including first-aiders) were called
upon to exercise their professional duties in the context of the protests and, while remaining
concerned in regard to certain allegations, appreciates the clarifications provided
72.
In joint communication CHN 6/2020 sent on 9 March 2020, the Special Rapporteur
expressed serious concern at the alleged arbitrary arrest and enforced disappearance of three
human rights defenders, Mr. Ding Jiaxi, Mr. Zhang Zhongshun and Mr. Dai Zhenya, who
were arrested on 26 December at different locations and placed under Residential
Surveillance in Designated Location (RSDL). All three had participated in a meeting of
human rights defenders, activists and lawyers on the 7 and 8 December 2019 in Xiamen city,
where they discussed the situation of civil society and politics in China, particularly regarding
how to create space for the discussion and enjoyment of human rights. All three human rights
defenders have reportedly been charged with “inciting subversion of state power”. The
Special Rapporteur expressed his concern that the targeting of these defenders is in direct
retaliation to the exercise of their fundamental freedoms, especially their rights to freedom
of peaceful assembly and freedom of expression. The Special Rapporteur renewed his
concern that the practice of imposing Residential Surveillance in a Designated Location
without judicial oversight, without formal charges, in conditions amounting to
incommunicado detention or solitary confinement, contravenes the right of every person not
to be arbitrarily deprived of his or her liberty and to challenge the lawfulness of detention
before a court and without delay. The Special Rapporteur expressed his concern at the
repeated use of national security legislation to target human rights defenders and all those
who express dissenting opinions from that of the Government. The Special Rapporteur thanks
the Government for its response dated 2 April 2020 in which the Government provided
assurances that the three individuals are being investigated in accordance with the law, and
that their legal rights are being respected. The Special Rapporteur nonetheless regrets that
the Government’s reply failed to address most of the questions addressed to it in the letter of
allegation, and therefore renews his concerns.
73.
On the 28 Feb 2020 the Special Rapporteur expressed his concerns in a joint
communication to the Government of India (IND 3/2020), concerning the alleged excessive
use of force against protestors in the context of demonstrations against the Citizenship
(Amendment) Act (CAA), as well as alleged arbitrary detention of protesters and undue
restrictions to freedom of peaceful assembly. Beginning early December 2019, mass protests
took place throughout the country against the enactment of the CAA. The protests had
reportedly led to at least 50 deaths at the time the communication was sent, many of which
allegedly resulted from the excessive use of force by security forces, including the use of live
ammunition, rubber bullets, batons and large quantities of tear gas to disperse protesters.
Furthermore, Section 144 of the Criminal Procedure Code (CPrC), which forbids
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