Follow-up of case CHN 310807_ Fear of unfair trial and Fear for safety

Geneva, 7 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, that Mr. Ronggye A’drak was indicted with four accounts of “crimes” ranging from disruption of law and order to state subversion by the Kardze People’s Intermediate Court, Sichuan Province on 29 October 2007.

According to the information received, on 29 October 2007, a handcuffed Mr. Ronggye A’drak was brought to Kardze People’s Intermediate Court for trial. Mr. Ronggye A’drak was reportedly indicted with seeking to “split” the country and subvert state power on events occurred on 1 August 2007 during the horse racing festival by shouting “Long Live the Dalai Lama” and asking for the Dalai Lama to return to Tibet; instigating a large crowd of agitating Tibetans rallied and forced entry into the government compounds after his arrest; disrupting the law and order in Lithang region and of economic losses resulting from his protest and subsequent arrest in deploying Public Security Bureau (PSB) and People’s Armed Police (PAP) personnel; colluding with the “Dalai Clique” based outside Tibet (his daughters were reportedly honoured by the “Dalai Clique” at a public event). According to the information, it is highly feared that Mr. Ronggye A’drak will be formally charged and sentenced in the next days. If sentenced, Mr. Ronggye A’drak might face heavy prison term. He has reportedly been provided with a lawyer but reports fear that the lawyer might face intimidation or pressure.

After the trial, Mr. Ronggye A’drak was reportedly taken to Dartsedo detention centre which is reportedly known to have poor conditions of detention. Moreover, reports indicate that torture and ill-treatment have been used against detainees.

As of issuing this appeal, the status of Mr. Lobsang Tholmey, commonly known by his short name, Lothok, remains unclear.

The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of Mr. Ronggye A’drak and the risk of unfair trial. Moreover, OMCT remains very much concerned about the situation of Mr. Lobsang Thokmey. Both are at particular 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.

Reminder of the Situation

According to the information, Mr. Ronggye A’drak was arrested on 1 August 2007 for staging a public protest speaking about the importance of the Dalai Lama’s return to Tibet to a large Tibetan crowd gathered for the annual Lithang horse-race festival, by the Lithang Local Police, of Kardze “Tibetan Autonomous Prefecture” (“TAP”). He was reportedly detained incommunicado at the Lithang County Public Security Bureau (PSB) Detention Centre.

According to the same information received, on 19 August 2007, Mr. Lobsang Thokmey, a 36 years old Tibetan nomad, resident of Drakar Latse Village in Lithang County, was arbitrarily arrested while in a guesthouse in Chengdu, the provincial capital of Sichuan Province, by Chengdu PSB officials. The owner of the guesthouse was also reportedly briefly detained but was then released after short interrogation. The authorities have reportedly given no specific reason for the arrest of Mr. Lobsang Thokmey and his whereabouts remains unknown.

Actions Requested

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

1. Immediately locate the whereabouts of Mr. Lobsang Thokmey (aka Lothok);
2. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Ronggye A’drak and Mr. Lobsang Thokmey;
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 11, 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, 7 November 2007

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