UN Special Rapporteur on human rights defenders Mary Lawlor on Monday called on the Chinese authorities to maintain the rights of human rights defenders who have been imprisoned.
Lawlor said she was “disturbed” by the allegations that seven imprisoned human rights defenders in China were subject to torture, refused medical aid, and denied access to family and legal counsel visits. She emphasized that the Chinese authorities should provide a detailed response to the treatment of the detained human rights defenders.
The UN Special Rapporteur also asked for information regarding the location of Gao Zhisheng, a prominent human rights lawyer who has been missing since 2017. In February 2025, various UN experts wrote a letter to the Chinese authorities emphasizing that any form of detention where the State denies a prisoner access to the outside world constitutes an enforced disappearance. Enforced disappearances can constitute crimes against humanity when committed as part of a “widespread or systematic attack” (Article 7(1)(f) Rome Statute). Notably, China is not a state party to the Rome Statute. The UN Special Rapporteur urged the Chinese authorities to uncover what has happened to Gao, labelling the Chinese government’s refusal to disclose updates on investigations as “totally unacceptable”.
The International Law Commission has highlighted that the prohibition of torture is a jus cogens norm under international law, meaning that States may not override the human right under any circumstances. Notably, China ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment on October 4, 1988. Additionally, Rule 27 of the United Nations Standard Minimum Rules for the Treatment of Prisoners (also known as the Nelson Mandela Rules) grants prisoners the right to medical care in critical circumstances.
Regarding visitation rights for legal counsel, international law instruments, such as the Universal Declaration of Human Rights (UDHR) and International Covenant on Civil and Political Rights (ICCPR), enshrine the right to a fair trial (Article 10 UDHR and Article 14 ICCPR), which includes the right to have access to a lawyer. International law does not explicitly grant visitation rights to other individuals, such as family members. It should be noted that the Nelson Mandela Rules and UDHR are recognised standards rather than legal instruments, and China has not ratified the ICCPR.
The UN Special Rapporteur urged the Chinese government to ensure that detained human rights defenders “are granted family and counsel visits and adequate medical attention, and held in officially recognised places of detention, with information on their fate and whereabouts being provided to any person with a legitimate interest.”
