谷歌翻譯聯合國新疆人權評估5

谷歌翻譯聯合國新疆人權評估5

V、Conditions and treatment in 「Vocational Education and Training Centres」

「職業教育培訓中心」的條件和待遇

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.

已經提出了有關當局在VETC設施中對被拘留者的不利條件和嚴厲對待的一再聲稱。政府否認了此類指控，在其2019年《新疆職業培訓與教育》白皮書中稱，「受訓人員」的權利得到充分尊重。

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 個月，在新疆伊犁哈薩克自治州、阿克蘇、巴音郭勒、和田、克拉瑪依和烏魯木齊等八個不同地理位置的設施中。在接受採訪的26名前被拘留者中，三分之二報告稱，無論是在VETC設施本身還是在轉介到VETC設施的過程中，都曾遭受相當於酷刑和/或其他形式虐待的待遇。這些虐待指控發生在審訊期間或作為對（被指控的）不法行為的一種懲罰形式。他們的描述包括被警棍毆打，包括被綁在所謂的「老虎椅」上的電棍；被人潑水審問；長期單獨監禁；並被迫長時間坐在小凳子上一動不動。報告被毆打以供認罪的人稱，他們被帶到審訊室，這些審訊室與人們居住的牢房或宿舍空間分開。三分之二以上的人還報告說，在他們被轉移到VETC設施之前，他們被關押在警察局，在那裡他們描述了類似的被毆打的情況，同時還被固定在這些設施的「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 des**tion 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.」

除了與審訊和懲罰有關的形式之外，還報告了其他形式的嚴厲對待。幾位受訪者描述了他們在VETC設施中的部分監禁期間被束縛。一個一致的主題是描述了他們在設施期間持續的飢餓，因此體重明顯下降至嚴重。他們還談到了持續的監視和宿舍/牢房的燈整晚都開著，剝奪了他們的睡眠。受訪者描述了宿舍/牢房裡的人如何不得不上兩個小時的夜班，以確保獄友在夜間不祈禱或以其他方式違反規則。一些人還指出，他們不被允許說自己的語言（無論是維吾爾語還是哈薩克語），也不能信奉他們的宗教，例如祈禱，這是他們經歷的進一步困難。「政治教義」進一步加劇了這種情況」，包括必須學習和記憶所謂的「紅歌」和其他黨的官方材料。受訪者一直認為這是他們在VETC設施中無處不在的方面，一位受訪者描述了他們的經歷如下：直到我們的臉變得通紅，我們的血管出現在我們的臉上。」

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 des**tions 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.

幾乎所有受訪者都描述了在VETC設施中定期進行的注射、藥丸或兩者兼而有之，以及定期採集的血樣。受訪者對服用的藥物如何使他們感到昏昏欲睡的描述是一致的。例如，一位受訪者將這個過程描述如下：「我們每天收到一個平板電腦。它看起來像阿司匹林。我們排好隊，有人戴著手套系統地檢查我們的嘴，以確保我們吞下了它。」雖然這些醫療干預和治療的頻率因受訪者而異，但注射和使用所謂的「白色藥丸」都發生了在他們開始安置時以及在VETC的整個期間。沒有一個受訪者被適當地告知了這些治療，他們也不覺得自己可以拒絕這些治療。在這種情況下，不能推斷出知情同意。

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.

一些人還談到了主要影響婦女的各種形式的性暴力，包括一些強姦事件。這些敘述包括被警衛強迫在審訊的情況下進行口交和各種形式的性羞辱，包括強迫裸體。這些敘述類似地描述了在宿舍外發生強姦的方式，在沒有攝像頭的單獨房間里。此外，幾名婦女講述了接受侵入性婦科檢查的經歷，其中一名婦女描述了這種情況發生在「讓老婦人感到羞恥和年輕女孩哭泣」的集體環境中， 因為她們不明白髮生了什麼。政府通常通過對公開報告這些指控的婦女進行人身或性別攻擊，堅決否認這些指控。

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.

一些受訪者表示，由於他們報告在設施中經歷的惡劣條件和待遇，他們一直患有健康狀況。一些受訪者還將他們留在設施中描述為「心理折磨」，因為 對他們被拘留的原因、逗留時間長短、他們的條件、持續的恐懼氣氛和缺乏與外界特別是他們的家人的聯繫的不確定性，以及與持續監視相關的壓力和焦慮。 正如一位受訪者所說，「最糟糕的是，你永遠不知道自己什麼時候會被放出來」。許多受訪者報告了他們在 VETC 設施的監禁期間的長期心理後果，包括創傷感。

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.

關於職業培訓中心被拘留者的條件和待遇的一致的第一手資料揭示了多個嚴重的人權問題。首先，他們指出違反了以人道和有尊嚴的方式對待被剝奪自由的個人的基本義務 以及絕對禁止酷刑和其他形式的殘忍、不人道或有辱人格的待遇或處罰 。將他們在 VETC 設施中的日常生活描述為違反了對被拘留者人道待遇的基本標準。這種情況，尤其是在長期或反覆出現時，也可能導致嚴重的身心痛苦，足以構成酷刑或其他形式的殘忍、不人道或有辱人格的待遇或處罰。

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.

職業技術培訓中心被剝奪自由者的健康權也令人擔憂。每個人都有權享受可達到的最高標準的身心健康包括被剝奪自由的個人。這包括控制自己的健康和身體的權利以及不受干擾的權利，例如不受酷刑和未經同意的醫療的權利。保證知情同意是實現享有健康權的基礎通過尊重個人自主權、自決權和人的尊嚴的實踐、政策和研究。健康權還延伸到健康的基本決定因素，例如獲得安全飲用水和充足的衛生設施，以及充足的安全食品和營養等。

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 des**tions 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，政府對 VETC 侵犯人權指控的回應以及明顯缺乏補救機制令人嚴重關切。即使某些法律原則上規定了對濫用職權或不履行職責的官員的制裁，但人權高專辦不知道有任何個別實施此類制裁的事例。同樣，政府的政策框架也沒有提及任何獨立監督機制來監督 VETC 設施的運作，這些機制可能會進行檢查，或者有關個人可以通過該機制對強迫他們參加 VETC 計劃或調查有關人權的投訴的決定提出上訴雖然少數第一手資料提到了官員有時在VETC設施中進行的某種形式的外部訪問，但他們的描述並未表明這些活動的組織方式有利於總之，這些情況令人嚴重懷疑在實踐中是否有針對侵犯被拘留者權利的有效補救措施，以及聯合國禁止酷刑委員會在2016年敦促中國「建立一個獨立的監督機制，以確保及時、公正和有效地調查所有酷刑和虐待之門」仍然有效。

78、In conclusion, des**tions 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.

最後，人權高專辦收集的 2017 年至 2019 年期間在 VETC 拘留的描述以酷刑或其他形式的殘忍、不人道或有辱人格的待遇或處罰，以及其他侵犯被剝奪人道和有尊嚴的對待的自由，以及對健康權的侵犯。還對 VETC 設施中的性暴力和基於性別的暴力 (SGBV) 事件提出了指控，包括強姦，這些指控似乎也是可信的，本身就構成酷刑或其他形式的虐待行為。根據目前可用的信息，無法就 VETC 設施中可能存在更廣泛的 SGBV 模式的程度得出更廣泛的結論。政府全面否認所有指控，以及對那些站出來分享經驗的人進行性別歧視和侮辱性攻擊，加劇了倖存者的屈辱和痛苦。

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