Beginning in the spring of 2015, the Chinese government repeatedly denied requests from Chinese activists seeking detailed data on convicted torturers, specifically to verify claims made by China at the United Nations that perpetrators of torture are held criminally accountable in line with relevant laws. The government itself had submitted heavily aggregated data on the cases to the UN Committee against Torture (CAT) in advance of the Committee’s review of China’s record on torture in November 2015. The activists submitted over 100 applications to obtain the data via China’s Open Government Information (OGI) system, which is a right provided to citizens under Chinese law. The information requested was very similar to what the Committee asked the Chinese government to provide before the review. Notably, the government also did not provide such data to the Committee, demonstrating yet again China’s continuing pattern of non-cooperation with treaty bodies. In failing to obtain data about the cases, the individuals filing the requests confirmed that the “government information disclosure” system is either closed to them or dysfunctional. Some applicants even faced reprisals after submitting requests—questioning by officials, intimidation, or detention and police interrogation. At least five people were detained after applying for the data, and the family of one applicant was harassed. The gallery below includes official documents from Chinese ministries that illustrate a systematic refusal to disclose data on torture-related cases—or even admit that such information exists—as well as court responses to lawsuits filed by applicants. (Read more in CHRD's previous reporting).

1. Ministry of Foreign
Affairs Refuses to
Disclose Information
A response from Ministry of
Foreign Affairs (MFA) dated
May 31, 2015 stated: “Our
department does not have the
details of the relevant cases
mentioned in paragraph 72 and
74 of the report, as the
information is provided by
judicial organs. The content you
request to be disclosed falls out
of our department’s scope of
disclosure.”

2. MFA Responds Further to Applicants
On June 9, 2015, the MFA responded to several requests for information
disclosure, which had been sent on May 29, June 1, and June 8, respectively.

3. Court Refuses to Docket
Applicant’s Case
The Beijing Municipal No. 3
Intermediate People’s Court
refused to docket a case against
MFA by an applicant. According
to the court, a report sent to the
United Nations is considered a
“diplomatic action,” and refusal
to disclose information is part of
the ministry’s diplomatic
capacities.

4. Ministry of Justice Denies
Existence of Data on
Torture Cases
In refusing to disclose information
in September 2015, the Ministry of
Justice stated that data do not
exist for “officers who have been
charged with committing torture
during 2007 to 2014 and actions
taken against them.” Yet, according
to China’s state report to CAT, 657
people were found guilty of
committing torture from 2007 to
2011. This discrepancy raises
serious concerns about the
reliability of both the MOJ’s
response and the state report.

5. Court Backs Up Public
Security Ministry’s
Refusal to Disclose Data
The Ministry of Public Security
(MPS) also refused to disclose
information. An applicant filed
an administrative lawsuit
against the refusal, but the
Beijing Municipal No. 2
Intermediate People’s Court
rejected it because requests for
government information that
involves “compilation, analysis,
or enhancement can be
denied.”

6. State Council
Refuses to
Conduct Review
In August, China’s
State Council refused
to conduct an
administrative review
of the MFA’s refusal to
disclose information
submitted to the
Committee against
Torture.

7. Court to Hear Suit—But
Behind Closed Doors &
Issue Only Written
Decision
Some applicants appealed to
the Beijing Municipal Higher
People’s Court, which stated in
September 2015 that it would
hear two of the lawsuits.
However, the court said it will
not conduct a public hearing
and will only issue its decision
in writing.