Arbitrary arrest and incommunicado detention of Kunkhen and Lobsang Phuntsok

The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in the People’s Republic of China.

Brief description of the situation

The International Secretariat of OMCT has been informed by The Tibetan Centre for Human Rigths and Democracy (TCHRD), member of the SOS-Torture network, about the arbitrary arrest and incommunicado detention of a Tibetan artist named Kunkhen and a monk named Lobsang Phuntsok on 22 August 2007 and 15 September 2007 respectively.

According to the information received, Mr. Lobsang Phuntsok, a 30 years old monk of Lithang Monastery, was arrested on 15 September 2007 following a sudden raid carried out in his monastery residence by Lithang County Public Bureau Security (PSB) officials. Mr. Lobsang Phuntsok was allegedly arrested because of his close link with artist Kunkhen who was also arrested on 22 August 2007 by the Lithang County PSB officials reportedly for having taken pictures of Mr. Ronggay A’drak when he staged the open protest during the Lithang Horse Race on 1 August 2007[1].

As of issuing this urgent appeal, the exact whereabouts of Kunkhen and Mr. Lobsang Phuntsok and the charges held against them remain unknown.

The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of Kunkhen and Mr. Lobsang Phuntsok, being particular at risk of torture or other cruel, inhuman or degrading treatment. OMCT recalls that China is a State party to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment which prohibits torture and cruel, inhuman or degrading treatment. OMCT urges the authorities to conform with China’s international human rights obligations, commitments that were reaffirmed on the occasion of its election as a member of the new United Nations Human Rights Council.

Actions Requested

Please write to the authorities in the People’s Republic of China urging them to:

1. Immediately locate the whereabouts of Kunkhen and Mr. Lobsang Phuntsok;
2. Guarantee, in all circumstances, the physical and psychological integrity of Kunkhen and Mr. Lobsang Phuntsok;
3. Order their immediate release in the absence of valid legal charges, or, if such charges exist, bring them before an impartial, independent, competent and fair tribunal and guarantee their procedural rights at all times;
4. Guarantee immediate and unconditional access to their lawyers, families and any medical treatment they may require;
5. Order a thorough and impartial investigation into these events in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
6. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

• President Hu Jintao, People’s Republic of China, c/o Embassy of the People’s Republic of China; 2300 Connecticut Ave., NW, Washington, D.C., 20008, USA, Fax: +01 202 588-0032
• President Hu Jintao, People’s Republic of China, c/o Permanent Mission of the People’s Republic of China, Chemin de Surville 11, Case postale 85, 1213 Petit-Lancy 2, Geneva, Switzerland, Fax: +41 22 7937014, E-mail: mission.china@ties.itu.int
• Minister of Justice of the People’s Republic of China, Zhang Fusen Buzhang, Sifabu, 10 Chaoyangmen Nandajie, Chaoyangqu, Beijingshi 100020, People’s Republic of China, Fax: +86 10 6529 2345
• Minister of Foreign Affairs of the People’s Republic of China, Li Zhaoxing Buzhang Waijiaobu, 2 Chaoyangmen Nandajie, Beijingshi 100701, People’s Republic of China, Fax: +86 10 6588 2594, Email: ipc@fmprc.gov.cn
• Mr. Jiang Jufeng, Governor, Sichuanshen Renmin Zhengfu, Zoumajie, Chengdushi-610040, Sichuansheng, People's Republic of China, Tel: +86-28-8765-4321, +86-28-1234-5678
• Director of the Sichuan Provincial Department of Justice, Sifating, 24 Shangxiznglu, Chengdushi 610015, Sichuansheng, People's Republic of China
• Ambassador, Sha Zukang, Permanent Mission of the People’s Republic of China, Ch. De Surville, CP 85, 1213 Petit-Lancy 2, Suisse, e-mail: mission.china@ties.itu.int, Fax : +41 22 793 70 14
• Embassy of the People’s Republic of China in Brussels, Avenue de Tervuren, 463 1160 Auderghem, Belgium, Tel: + 32 2 663 30 10 / + 32 2 663 30 17 / +32 2 771 14 97 / +32 2 779 43 33; Fax: +32 2 762 99 66 / +32 2 779 28 95; Email: chinaemb_be@mfa.gov.cn

Please also write to the embassies of the People’s Republic of China in your respective country.

Geneva, 1 October 2007

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

[1] See OMCT Urgent appeal CHN 310807.