谷歌翻译联合国新疆人权评估7

VII、Family separation and reprisals

家庭分离和报复

129、The implementation of the purported counter-terrorism and “extremism” policies in XUAR has also had deep impacts on families. The widespread arbitrary deprivation of liberty of Uyghurs and other predominantly Muslim communities in XUAR, often shrouded in secrecy, has led to many families being separated and unaware of the whereabouts of their loved ones. This has been particularly so for the diaspora community where there have additionally been allegations of reprisals and intimidations against those seeking information about their family members or expressing concern publicly.

所谓的反恐和“极端主义”政策在新疆的实施也对家庭产生了深远的影响。新疆维吾尔人和其他以穆斯林为主的社区普遍被任意剥夺自由，往往被秘密笼罩，导致许多家庭失散，不知道亲人的下落。对于散居海外的社区来说尤其如此，那里还有关于对那些寻求家人信息或公开表达关切的人进行报复和恐吓的指控。

A、Family separations and enforced disappearances

家庭分离和强迫失踪

130、Claims of family separations and enforced disappearances were among the first indicators of concern about the situation in XUAR, with large numbers of people alleged to be “forcibly disappeared” or “missing”.Approximately two-thirds of the 152 outstanding cases on China of the UN Working Group on Enforced or Involuntary Disappearances pertain to XUAR over the period 2017-2022.

家庭分居和强迫失踪是新疆局势最受关注的指标之一，有大量人被指称“被强迫失踪”或“失踪”。在中国的 152 起未决案件中，约有三分之二联合国强迫或非自愿失踪问题工作组与 2017-2022 年期间的新疆有关。

131、The Convention for the Protection of All Persons from Enforced Disappearances (CPED) defines such disappearance as “the arrest, detention, abduction or any other form of deprivation of liberty by agents of the State or by persons or groups of persons acting with the authorization, support or acquiescence of the State, followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person, which place such a person outside the protection of the law”.Although China is not a party to the Convention on Enforced Disappearances, it is bound by the prohibition of enforced disappearance that is encompassed by other human rights treaties to which it is party, such as the Convention against Torture,and to the extent the norm has crystallized in customary law. Moreover, the denial of the right to know the truth about the whereabouts of a victim of enforced disappearance can itself constitute a form of cruel and inhuman treatment for the immediate family.

《保护所有人免遭强迫失踪公约》（CPED）将这种失踪定义为“由国家代理人或经授权行事的个人或团体实施的逮捕、拘留、绑架或任何其他形式的剥夺自由，国家支持或默许，然后拒绝承认剥夺自由或隐瞒失踪者的命运或下落，使失踪者不受法律保护”。 《强迫失踪公约》，它受其加入的其他人权条约所包含的禁止强迫失踪的约束，例如《禁止酷刑公约》，并且在该规范已在习惯法中具体化的范围内。此外，剥夺了解强迫失踪受害者下落真相的权利本身就可能构成对直系亲属的一种残忍和不人道的待遇。

132、In some cases, when persons were taken to a VETC facility, family members are not informed about their whereabouts, the reasons for their “referral” to the centres, or the length for which they may be retained. First-hand accounts suggest that informing family was not undertaken as a matter of policy, but rather on an ad hoc basis following persistent attempts by family members to seek information about their whereabouts.While some interviewees seemed to know or suspect that family members had been taken to a VETC facility or another form of detention, most remained unsure of the situation and, despite attempts at clarifying the whereabouts with the authorities, their fate remained unknown. This lack of knowledge and any contact has been particularly painful for families living at geographical distance abroad and requires immediate clarification by the authorities. In the same vein, former detainees said they had no contact with family during their time at VETC facilities, and that they did not know if their families knew where they were.Without it being clear as to the variation in approach, some detainees were allowed to have occasional family visits or phone calls under supervision and surveillance.

在某些情况下，当人员被带到 VETC 设施时，家庭成员不会被告知他们的下落、他们“转介”到中心的原因，或者他们可能被保留的时间。第一手资料表明，通知家人并不是政策问题，而是在家庭成员不断尝试寻求有关其下落的信息后临时进行的。虽然一些受访者似乎知道或怀疑家庭成员已经被带到 VETC 设施或其他形式的拘留，大多数人仍然不确定情况，尽管试图与当局澄清下落，但他们的命运仍然未知。这种缺乏知识和任何联系的情况对居住在国外的家庭来说尤其痛苦，需要当局立即澄清。同样，前被拘留者表示，他们在 VETC 设施期间与家人没有联系，他们不知道家人是否知道他们在哪里。在不清楚方法的变化的情况下，一些被拘留者被允许在监督和监视下偶尔进行家人探访或打电话。

133、The Xinjiang Victims Database, a platform used by exiled family members seeking the whereabouts of their loved ones in XUAR, currently has hundreds of entries of alleged “missing persons”.OHCHR has reviewed dozens of interviews of family members who have posted on the Xinjiang Victims Database and other sites in the hope of locating their loved ones. It has also reviewed audio recordings taken by family members who have attempted to contact local authorities in XUAR to seek clarification. It has further reviewed available Government responses to some of these cases, which consistently assert that those allegedly missing are “living normal lives” in XUAR, often without any further supporting information.

新疆受害者数据库是流亡家庭成员在新疆寻找亲人下落的平台，目前有数百条涉嫌“失踪人员”的条目。人权高专办审查了数十个有关新疆受害者家庭成员的采访数据库和其他网站希望找到他们的亲人。它还审查了试图联系新疆地方当局寻求澄清的家庭成员的录音。它进一步审查了政府对其中一些案件的现有回应，这些回应始终声称那些据称失踪的人在新疆“过着正常的生活”，通常没有任何进一步的支持信息。

134、For example, on 9 April 2021, in a press conference in Beijing, authorities acknowledged that out of 12,050 people in the Xinjiang Victims Database, they had confirmed the existence of 10,708 people. 1,342 accounts reportedly pertained to individuals who were “fabricated.” Out of the 10,708 people, 6,962 were “living a normal life”; 3,244 had reportedly been convicted and sentenced for terrorist acts and other criminal offences; 238 had reportedly died of “diseases and other causes” and 264 were living overseas.The authorities did not release the names of those individuals, or the court decisions upon which those serving prison terms have been convicted, prolonging the uncertainty for families.

例如，2021 年 4 月 9 日，在北京举行的新闻发布会上，当局承认，在新疆受害者数据库中的 12050 人中，他们确认了 10708 人的存在。据报道，有 1342 个账户与“捏造”的个人有关。在这 10708 人中，有 6962 人“过着正常的生活”；据报道，有 3244 人因恐怖行为和其他刑事犯罪被定罪和判刑；据报道，238 人死于“疾病和其他原因”，264 人居住在海外。当局没有公布这些人的姓名，也没有公布那些服刑人员被定罪的法庭判决，这延长了家庭的不确定性。

135、Family separations result from a number of factors and not all necessarily amount to enforced or involuntary disappearances. Issues of family separations also arise between families whose members are split between XUAR and abroad. The risk of reprisals against family members in XUAR on account of contact from abroad is an important reason, repeatedly raised in interviews with OHCHR, why contacts are often severed by families themselves. OHCHR has also had accounts of Uyghur parents living abroad, who continue to be unable to contact their children left behind with relatives in XUAR.As noted, contact with persons abroad is one of the reasons for referral to a VETC facility. In one instance, an individual described having lost contact with his wife and children, as well as more than 30 other relatives in XUAR, all of whom he said had either changed their phone numbers or simply refused to accept his phone calls, due to fear of reprisals. In the words of another interviewee: “I haven’t talked to my family because I was told not to contact them or else they would be sent to re-education.”

家庭分离是由许多因素造成的，并不一定都等于强迫或非自愿失踪。家庭成员分散在新疆和国外的家庭之间也会出现家庭分离的问题。在新疆的家庭成员因来自国外的接触而遭到报复的风险是人权高专办在采访中反复提出的一个重要原因，为什么接触经常被家庭自己切断。人权高专办也有居住在国外的维吾尔父母的账户，他们仍然无法与留在新疆的亲属联系他们的孩子。如前所述，与国外的人联系是转介到 VETC 设施的原因之一。在一个案例中，一个人描述了与他的妻子和孩子以及新疆维吾尔自治区的 30 多名其他亲属失去联系，他说所有这些人都因为害怕而改变了他们的电话号码，或者干脆拒绝接听他的电话的报复。用另一位受访者的话说：“我没有和家人谈过，因为我被告知不要联系他们，否则他们会被送去再教育。”

B、Intimidations, threats and reprisals 

恐吓、威胁和报复

136、The Chinese authorities continue to openly criticise victims and their relatives now living abroad for speaking about their experiences in XUAR, discrediting stories that are made public.

中国当局继续公开批评受害者及其现居住在国外的亲属谈论他们在新疆的经历，抹黑公开的故事。

137、Intimidations and threats were also reported by former detainees, some of whom were forced to sign a document ahead of their release, pledging not to speak about their experience in the VETCs.303 In the words of one interviewee: “We had to sign a document to remain silent about the camp. Otherwise, we would be kept for longer and there would be punishment for the whole family.”

前被拘留者也报告了恐吓和威胁，其中一些人被迫在获释前签署一份文件，承诺不谈论他们在 VETC 的经历。 用一位受访者的话来说：“我们必须签署一份对营地保持沉默的文件。否则，我们会被关得更久，整个家庭都会受到惩罚。”

138、Patterns of intimidations, threats and reprisals were consistently highlighted by interviewees. Two-thirds of the interviewees with whom OHCHR spoke asserted having been victims of some form of intimidation or reprisal, in particular threatening phone calls or messages, mostly by Chinese, but also from neighbouring States, to fellow exiled Uyghurs or Kazakhs, or by family members, possibly acting at the behest of the authorities, following statements or advocacy in relation to XUAR. Some also claimed that family members in XUAR had been intimidated or suffered direct reprisals as a result of public engagement overseas, including being taken to a VETC or other facility.

受访者不断强调恐吓、威胁和报复的模式。与人权高专办交谈的三分之二的受访者声称，他们是某种形式的恐吓或报复的受害者，特别是威胁电话或信息，主要来自中国人，但也来自邻国，流亡维吾尔人或哈萨克人，或家人成员，可能应当局的要求，在与新疆维吾尔自治区有关的声明或倡导后行事。一些人还声称，新疆维吾尔自治区的家庭成员因海外公众参与而受到恐吓或直接报复，包括被带到 VETC 或其他设施。

139、Over the past few years, credible information has been received about members of the Uyghur community living abroad in several countries, having been forcibly returned, or being placed at risk of forcible return to China, in breach of the prohibition under international law of refoulement. The UN human rights mechanisms, including the UN Committee on the Elimination of Racial Discrimination as well as the Special Procedures, have expressed concerns about reports of forcible return of Uyghurs to China, and have recalled the human rights and refugee law obligations of both China and third countries in such circumstances.In this context, OHCHR is also aware of dozens of Uyghurs living in third countries whose passports have expired and who have experienced difficulties in renewing their documents, including due to fear of reprisals, or fear of being forcibly returned to China.

在过去几年中，收到了关于在多个国家居住在国外的维吾尔族社区成员被强制遣返或面临被强制遣返中国风险的可靠信息，这违反了国际法禁止驱回。包括联合国消除种族歧视委员会和特别程序在内的联合国人权机制对有关维吾尔人被强行遣返中国的报道表示关切，并回顾了中国和中国的人权和难民法义务。在这种情况下，人权高专办还了解到居住在第三国的数十名维吾尔人的护照已过期，并且在更新证件方面遇到了困难，包括因为害怕遭到报复或害怕被强行遣返。

140、Moreover, there are claimed threats of reprisals against staff employed by, or conducting activities on behalf of, foreign enterprises with links to XUAR through their value chains, while attempting to conduct due diligence and requesting transparency in line with the United Nations Guiding Principles on Business and Human Rights.

此外，据称通过其价值链与新疆维吾尔自治区有联系的外国企业雇用或代表其开展活动的员工受到报复的威胁，同时试图根据联合国指导原则进行尽职调查并要求透明度关于商业和人权。

141、These patterns of intimidations, threats and reprisals are generally credible and are likely to have caused, and continue to cause, a serious chilling effect on these communities’ rights to freedom of expression, privacy, physical integrity and family life, and in consequence inhibit the flow of information on the situation inside XUAR.

这些恐吓、威胁和报复的模式通常是可信的，并且可能已经并继续对这些社区的言论自由、隐私、人身安全和家庭生活的权利造成严重的寒蝉效应，因此抑制新疆境内情况的信息流通。

142、In conclusion, the patterns of family separations among Uyghurs and members of other predominantly Muslim minorities, which in some cases may amount to enforced disappearances, are a direct consequence of the means by which the detention programme has been operated and are therefore likely to have impacts on similar scales. They have been 

exacerbated by a pattern of intimidations and threats of reprisals against victims and their relatives inside and outside XUAR. The onus remains on the Government to urgently clarify the fate and whereabouts of missing family members and to facilitate safe contacts and reunification. At the same time, and in light of the overall assessment of the human rights situation in XUAR, countries hosting Uyghurs and other Muslim minorities from XUAR should refrain from forcibly returning them, in any circumstance of real risks of breach of the principle of non-refoulement.

总之，维吾尔人与其他以穆斯林为主的少数民族成员之间的家庭分离模式，在某些情况下可能构成强迫失踪，是拘留计划实施方式的直接后果，因此很可能 对类似规模产生影响。 新疆境内外对受害者及其亲属的恐吓和报复威胁加剧了这种情况。 政府仍有责任紧急澄清失踪家庭成员的命运和下落，并促进安全联系和团聚。 同时，根据对新疆维吾尔自治区人权状况的总体评估，接纳新疆维吾尔人和其他穆斯林少数民族的国家应避免在任何存在违反不侵犯人权原则的真正风险的情况下强行遣返他们。