Enforced disappearance of Lhaten, a farmer from the Tibetan Autonomous Region
Arbitrary arrest/ Enforceddisappearance/ Risk of torture and ill-treatment
The International Secretariat of the WorldOrganisation Against Torture (OMCT)requests your URGENT intervention in the following situation in the People’s Republic of China.
Brief description of the situation
TheInternationalSecretariat of OMCT has been informed by The Tibetan Centre for Human Rightsand Democracy (TCHRD), a member of OMCT SOS-Torture Network, about thearbitrary arrest and disappearance of Lhaten,a farmer aged about 44 years from Shingtsang Village, Taktse County, Lhasa Municipal, in the TibetanAutonomous Region (TAR).OMCT fears that he may be at risk of torture and ill-treatment.
According to the information received, on 1 November2011 at around 3:00 pm, Lhaten received a phone call from a teacher from TaktseCounty Primary School, where his son is studying, asking him to pick up his son.When he arrived at the school, several policemen in plain clothes werereportedly waiting for him. He was then taken away in a black car. His current whereabouts and fate remainunknown.
Lhaten was reportedlysuspected by the authorities of having “connection” with Dhondup Wangchen, aTibetan film maker who was sentenced, in December 2009, to six years imprisonment,charged with subversion, for making a documentary entitled “Leaving FearBehind” ahead of the 2008 Olympic Games in China. However, theauthorities have reportedly disclosed no reason for Lhaten’s arrest and nocharges are known to have been brought against him.
The International Secretariat of OMCT isgravely concerned about the safety of Lhaten, as his whereabouts and fate remain unknown.OMCT fears that he may besubjected to torture or other ill-treatment. OMCT urges the competent authoritiesto guarantee his physical and psychological integrity at all times, inaccordance with international human rights law, in particular theConvention against Torture and Other Cruel, Inhuman or Degrading Treatment orPunishment, and to immediately locate anddisclose his whereabouts. Enforced disappearance and torture and otherill-treatment constitute serious human rights violations and are strictlyprohibited under international law.
OMCT further calls on the competent authorities to order his immediaterelease in the absence of valid legal charges that are consistent with international law andstandards, or, if such charges exist, bring him promptly before an impartial,independent and competent tribunal and guarantee his procedural rights at alltimes, including immediate and unconditional access to a lawyer of his choice.
ActionsRequested
Please write to theauthorities in the People’s Republic of China urging them to:
i. Immediatelylocate and disclose the whereabouts of Lhaten;
ii. Guarantee,in all circumstances, his physical and psychological integrity;
iii. Granthim immediate and full access to a lawyer of his choice and his family, as wellas guarantee that he is examined by independent doctors and receives adequatemedical care if necessary, in accordance, interalia, with the UN Standard Minimum Rules for the Treatment of Prisoners;
iv. Order his immediate release in the absence of validlegal charges that areconsistent with international law and standards, or, if such charges exist,bring him before an impartial, independent and competent tribunal and guaranteehis procedural rights at all times;
v. Guaranteetherespect of human rights and the fundamental freedoms throughout the country inaccordance with national laws and international human rights standards.
Addresses
· Mr. WenJiabao, Prime Minister of the People’s Republic of China, Guojia Zongli, TheState Council General Office, 2 Fuyoujie, Xichengqu, Beijingshi 100017,People’s Republic of China, Fax: +86 10 65961109 (c/oMinistry of Foreign Affairs)
· Mr. Wu Aiying, Minister of Justice of thePeople’s Republic of China, Buzhang Sifabu, 10 Chaoyangmen Nandajie,Chaoyangqu, Beijingshi 100020, People’s Republic of China, Fax: +86 10 65292345, minister@legalinfo.gov.cn / pfmaster@legalinfo.gov.cn
· Mr. Meng Jianzhu,Minister of Public Security of the People’s Republic of China, Buzhang,Gong’anbu, 14 Dongchang’anjie, Dongchengqu, Beijingshi 100741, People’sRepublic of China, Fax: +86 1063099216
- Director of the Sichuan ProvincialDepartment of Justice, Sifating, 24 Shangxiznglu, Chengdushi 610015,Sichuansheng, People's Republic of China
· Permanent Mission of the People’s Republic of China, Ch. De Surville, CP 85, 1213Petit-Lancy 2, Suisse, e-mail: mission.china@ties.itu.int, Fax : +41 22 793 7014
Please also write to the embassies of the People’s Republic of China in your respective country.
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Geneva, 21 November 2011
Kindly inform us of anyaction undertaken quoting the code of this appeal in your reply.