Disappearance of two Tibetan songwriters and singers_OMCT fears for their safety

Disappearance/ Fear for the safety

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 Rights and Democracy (TCHRD), a member of OMCT SOS-Torture Network, about the disappearance of two Tibetan songwriters and singers, Mr. Pema Trinley, 22 years old, and Mr. Chakdor, 32 years old, both originally from Meuruma nomadic village in Tibet.

According to the information received, in July 2012, Mr. Pema Trinley and Mr. Chakdor were detained in Machu (Chinese: Maqu), County in Malho (Chinese: Gannan), Tibetan Autonomous Prefecture, Gansu Province. Their detention took place a few days after the release of a music DVD album, “Agony of Unhealed Wounds”, containing songs about the current situation in Tibet, including self-immolation protests and songs in praise of the Dalai Lama, Panchen Lama, Kirti Rinpoche – exiled head of the Kirti monastery – and Lobsang Sangay – exiled Tibetan political leader –. Mr. Pema Trinley and Mr. Chakdor were reportedly kept in detention inside Ngaba County (Chinese: Aba), County in Ngaba Tibetan and Qiang Autonomous Prefecture, Sichuan Province for a period of six months until February 2013, when they were secretly sentenced to two years of imprisonment (no further information is currently available).

According to the same information received, a letter was sent to the families of the two victims by the local authorities notifying that Mr. Pema Trinlay and Mr. Chadkor were at Mianyang Prison in Sichuan Province. However, family members have travelled two times to Mianyang Prison where prison officials repeatedly denied having Mr. Pema Trinlay and Mr. Chadkor imprisoned there. As of issuing this urgent appeal their whereabouts and fate are still unknown.

OMCT has also been informed about the disappearance of two other Tibetans, namely, Mr. Khenrap, musician and Mr. Nyagdompo, lyricist, who collaborated with Mr. Pema Trinlay and Mr. Chakdor on the released of the music album.

The International Secretariat of OMCT is gravely concerned about the safety of Mr. Pema Trinley, Mr. Chakdor, Mr. Khenrap and Mr. Nyagdompo, as their whereabouts and fate remain unknown. OMCT urges the competent authorities to guarantee their physical and psychological integrity at all times, in accordance with international human rights law, in particular the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and to immediately locate and disclose their whereabouts.

Actions Requested

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

i. Immediately locate and disclose the whereabouts of Mr. Pema Trinley, Mr. Chakdor, Mr. Khenrap and Mr. Nyagdompo;

ii. Guarantee, in all circumstances, their physical and psychological integrity;

iii. Grant them access to a lawyer of their choice and their families, as well as guarantee that they are examined by independent doctors and receive adequate medical care if necessary;

iv. Order their immediate release in the absence of valid legal charges that are consistent with international law and standards, or, if such charges exist, bring them before an impartial, independent and competent tribunal and guarantee their procedural rights at all times;

v. Carry out a prompt, effective, thorough, independent and impartial investigation into theaforementioned facts in accordance with international human rights standards, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;

vi. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

· Mr. Li Keqiang Guojiazhongli, Prime Minister of the People’s Republic of China, Guojia Zongli, The State Council General Office, 2 Fuyoujie, Xichengqu, Beijingshi 100017, People’s Republic of China, Fax: +86 10 65961109 (c/o Ministry of Foreign Affairs) Email: notice@scio.gov.cn

· Minister of Justice of the People’s Republic of China, Buzhang Sifabu, 10 Chaoyangmen Nandajie, Chaoyangqu, Beijingshi 100020, People’s Republic of China, Fax: +86 10 6529 2345, Emails: minister@legalinfo.gov.cn /pfmaster@legalinfo.gov.cn

· Ambassador Liu Zhenmin, Permanent Mission of the People’s Republic of China, Chemin de Surville 11, P.O. Box 85, 1213 Petit-Lancy 2, Geneva, Switzerland, Fax: +41 22 7937014, E-mail: chinamission_gva@mfa.gov.cn

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

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Geneva, 21 June 2013

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