Follow-up of case CHN 011107_Sentencing of Kunkhen

Geneva, 27 November 2007

The International Secretariat of the World Organisation Against Torture (OMCT) has received new information in the following situation in the People’s Republic of China.

New information

The International Secretariat of OMCT has been informed by The Tibetan Centre for Human Rights and Democracy (TCHRD), member of the SOS-Torture network, about the sentencing of Tibetan artist named Kunkhen on 20 November 2007.

According to the information received, Kunkhen was sentenced to nine years of imprisonment on charges of “carrying out splittist activities” by the Kardze Intermediate People’s Court on 20 November 2007. There are concerns that the trial was unfair.

There is currently no information available on his physical condition and where he was taken after the court’s verdict was delivered. Moreover, the location and conditions of his detention prior to his sentencing remain unknown.

As of issuing this urgent appeal, the fate of Mr. Lobsang Phuntsok remains unclear.

The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of Kunkhen as well as for his sentencing which seems to merely aim at sanctioning his right to freedom of expression and thought. OMCT is also very much concerned about the fate of Mr. Lobsang Phuntsok. 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.

Reminder of the Situation

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 (See OMCT Urgent appeal CHN 310807).

Actions Requested

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

1. Immediately locate the whereabouts of Kunken and Mr. Lobsang Phuntsok and make public their whereabouts;
2. Guarantee, in all circumstances, their 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
• 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.

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Geneva, 27 November 2007
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.