谷歌翻譯聯合國新疆人權評估7

VII、Family separation and reprisals

家庭分離和報復

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.

所謂的反恐和“極端主義”政策在新疆的實施也對家庭產生了深遠的影響。新疆維吾爾人和其他以穆斯林為主的社區普遍被任意剝奪自由，往往被秘密籠罩，導致許多家庭失散，不知道親人的下落。對於散居海外的社區來說尤其如此，那裡還有關於對那些尋求家人信息或公開表達關切的人進行報復和恐嚇的指控。

A、Family separations and enforced disappearances

家庭分離和強迫失蹤

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.

家庭分居和強迫失蹤是新疆局勢最受關注的指標之一，有大量人被指稱“被強迫失蹤”或“失蹤”。在中國的 152 起未決案件中，約有三分之二聯合國強迫或非自願失蹤問題工作組與 2017-2022 年期間的新疆有關。

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.

《保護所有人免遭強迫失蹤公約》（CPED）將這種失蹤定義為“由國家代理人或經授權行事的個人或團體實施的逮捕、拘留、綁架或任何其他形式的剝奪自由，國家支持或默許，然後拒絕承認剝奪自由或隱瞞失蹤者的命運或下落，使失蹤者不受法律保護”。 《強迫失蹤公約》，它受其加入的其他人權條約所包含的禁止強迫失蹤的約束，例如《禁止酷刑公約》，並且在該規範已在習慣法中具體化的範圍內。此外，剝奪了解強迫失蹤受害者下落真相的權利本身就可能構成對直系親屬的一種殘忍和不人道的待遇。

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.

在某些情況下，當人員被帶到 VETC 設施時，家庭成員不會被告知他們的下落、他們“轉介”到中心的原因，或者他們可能被保留的時間。第一手資料表明，通知家人並不是政策問題，而是在家庭成員不斷嘗試尋求有關其下落的信息後臨時進行的。雖然一些受訪者似乎知道或懷疑家庭成員已經被帶到 VETC 設施或其他形式的拘留，大多數人仍然不確定情況，儘管試圖與當局澄清下落，但他們的命運仍然未知。這種缺乏知識和任何聯繫的情況對居住在國外的家庭來說尤其痛苦，需要當局立即澄清。同樣，前被拘留者表示，他們在 VETC 設施期間與家人沒有聯繫，他們不知道家人是否知道他們在哪裡。在不清楚方法的變化的情況下，一些被拘留者被允許在監督和監視下偶爾進行家人探訪或打電話。

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.

新疆受害者數據庫是流亡家庭成員在新疆尋找親人下落的平台，目前有數百條涉嫌“失蹤人員”的條目。人權高專辦審查了數十個有關新疆受害者家庭成員的採訪數據庫和其他網站希望找到他們的親人。它還審查了試圖聯繫新疆地方當局尋求澄清的家庭成員的錄音。它進一步審查了政府對其中一些案件的現有回應，這些回應始終聲稱那些據稱失蹤的人在新疆“過着正常的生活”，通常沒有任何進一步的支持信息。

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，在北京舉行的新聞發布會上，當局承認，在新疆受害者數據庫中的 12050 人中，他們確認了 10708 人的存在。據報道，有 1342 個賬戶與“捏造”的個人有關。在這 10708 人中，有 6962 人“過着正常的生活”；據報道，有 3244 人因恐怖行為和其他刑事犯罪被定罪和判刑；據報道，238 人死於“疾病和其他原因”，264 人居住在海外。當局沒有公布這些人的姓名，也沒有公布那些服刑人員被定罪的法庭判決，這延長了家庭的不確定性。

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.”

家庭分離是由許多因素造成的，並不一定都等於強迫或非自願失蹤。家庭成員分散在新疆和國外的家庭之間也會出現家庭分離的問題。在新疆的家庭成員因來自國外的接觸而遭到報復的風險是人權高專辦在採訪中反覆提出的一個重要原因，為什麼接觸經常被家庭自己切斷。人權高專辦也有居住在國外的維吾爾父母的賬戶，他們仍然無法與留在新疆的親屬聯繫他們的孩子。如前所述，與國外的人聯繫是轉介到 VETC 設施的原因之一。在一個案例中，一個人描述了與他的妻子和孩子以及新疆維吾爾自治區的 30 多名其他親屬失去聯繫，他說所有這些人都因為害怕而改變了他們的電話號碼，或者乾脆拒絕接聽他的電話的報復。用另一位受訪者的話說：“我沒有和家人談過，因為我被告知不要聯繫他們，否則他們會被送去再教育。”

B、Intimidations, threats and reprisals 

恐嚇、威脅和報復

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.

中國當局繼續公開批評受害者及其現居住在國外的親屬談論他們在新疆的經歷，抹黑公開的故事。

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.”

前被拘留者也報告了恐嚇和威脅，其中一些人被迫在獲釋前簽署一份文件，承諾不談論他們在 VETC 的經歷。 用一位受訪者的話來說：“我們必須簽署一份對營地保持沉默的文件。否則，我們會被關得更久，整個家庭都會受到懲罰。”

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.

受訪者不斷強調恐嚇、威脅和報復的模式。與人權高專辦交談的三分之二的受訪者聲稱，他們是某種形式的恐嚇或報復的受害者，特別是威脅電話或信息，主要來自中國人，但也來自鄰國，流亡維吾爾人或哈薩克人，或家人成員，可能應當局的要求，在與新疆維吾爾自治區有關的聲明或倡導後行事。一些人還聲稱，新疆維吾爾自治區的家庭成員因海外公眾參與而受到恐嚇或直接報復，包括被帶到 VETC 或其他設施。

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.

在過去幾年中，收到了關於在多個國家居住在國外的維吾爾族社區成員被強制遣返或面臨被強制遣返中國風險的可靠信息，這違反了國際法禁止驅回。包括聯合國消除種族歧視委員會和特別程序在內的聯合國人權機制對有關維吾爾人被強行遣返中國的報道表示關切，並回顧了中國和中國的人權和難民法義務。在這種情況下，人權高專辦還了解到居住在第三國的數十名維吾爾人的護照已過期，並且在更新證件方面遇到了困難，包括因為害怕遭到報復或害怕被強行遣返。

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，據稱通過其價值鏈與新疆維吾爾自治區有聯繫的外國企業雇用或代表其開展活動的員工受到報復的威脅，同時試圖根據聯合國指導原則進行盡職調查並要求透明度關於商業和人權。

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.

這些恐嚇、威脅和報復的模式通常是可信的，並且可能已經並繼續對這些社區的言論自由、隱私、人身安全和家庭生活的權利造成嚴重的寒蟬效應，因此抑制新疆境內情況的信息流通。

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.

總之，維吾爾人與其他以穆斯林為主的少數民族成員之間的家庭分離模式，在某些情況下可能構成強迫失蹤，是拘留計劃實施方式的直接後果，因此很可能 對類似規模產生影響。 新疆境內外對受害者及其親屬的恐嚇和報復威脅加劇了這種情況。 政府仍有責任緊急澄清失蹤家庭成員的命運和下落，並促進安全聯繫和團聚。 同時，根據對新疆維吾爾自治區人權狀況的總體評估，接納新疆維吾爾人和其他穆斯林少數民族的國家應避免在任何存在違反不侵犯人權原則的真正風險的情況下強行遣返他們。