Follow-up to case CHN 260810_Kalsang Tsultrim again detained incommunicado_OMCT fears for his safety

Brief description of the situation

The InternationalSecretariat of OMCT has been informed by The Tibetan Centre for Human Rightsand Democracy (TCHRD), a member of OMCT SOS-Torture Network, about theincommunicado detention of KalsangTsultrim (aka Gyitsang Takmig), a 30-year-old Tibetan monk from Sang-chucounty, Kanlho “Tibetan Autonomous Prefecture” (TAP), Gansu Province. OMCT fears that he may be at risk oftorture and ill-treatment.

According to the information received, KalsangTsultrim was arrested again on 16 December 2010 by the Tsoe Public Security Bureau (PSB)after being summoned for questioning. He has since then been detainedincommunicado in the PSB detention centre of Tsoe city. No further informationis currently available on the exact reasons for this new arrest.

OMCT recalls that Kalsang Tsultrim had previously beenarrested, on 27 July 2010, by the PSB on the basis of committing “politicalerror” (see below). He was then detained incommunicado until his release, on 15 October 2010[1].

The International Secretariat of OMCT is gravelyconcerned about the safety of Kalsang Tsultrim, particularly because he isdetained incommunicado, and recalls to the competent Chinese authorities thatChina is legally bound to effectively ensure the physical and psychologicalintegrity of all persons deprived of liberty in accordance with internationalhuman rights law, and in particular, the Convention against Torture and OtherCruel, Inhuman or Degrading Treatment or Punishment.

OMCT is also preoccupied about this new arrest and callson the competent authorities to order KalsangTsultrim’s immediate release in the absence of valid legal charges that are consistent with international lawand standards, 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.

Finally, OMCT urges theauthorities to conform with China’s internationalhuman rights obligations, commitments that were reaffirmed on the occasion ofits election as a member of the United Nations Human Rights Council.

Backgroundinformation

OMCT had earlier been informed about the arbitrary arrest on 27 July 2010 andsubsequent incommunicado detention of Kalsang Tsultrim. OMCT feared that he maybe at risk of torture and ill-treatment.

According to the informationreceived, on 27 July 2010, KalsangTsultrim, along with another Tibetan who was later released, was arrested bythe police at Dzoge County, in Sichuan Province, and taken to Tsoe (Hezuo) PSB DetentionCentre. Kalsang Tsultrim’s family, who was informed about his arrest by theaforementioned individual, went to Tsoe PSB Detention Centre to inquire aboutthe reason of his detention. Not only did the police refuse to communicate anyinformation about Kalsang Tsultrim’s arrest and detention, but they also deniedthe family any contact with him.

According to the same information, in 2009, KalsangTsultrim recorded and distributed videos on Tibetan history since the flight ofthe Dalai Lama into exile. He also wrote a book which illustrates the concernsof the Tibetan people. Since then, Kalsang Tsultrim had been reportedly on themove. OMCT was seriously preoccupied that Kalsang Tsultrim was arrested solelyfor exercising his right to freedom of expression.

Kalsang Tsultrim was transferred to different prisonsduring his detention. He was released from Kanlho Prefecture prison on 15 October 2010 reportedly under the condition not toparticipate in any political-related work.

ActionsRequested

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

i. Guarantee,in all circumstances, the physical and psychological integrity of KalsangTsultrim;

ii. GrantKalsang Tsultrim immediate and unconditional access to a lawyer of his choiceand his family, as well as guarantee that he is examined by independent doctorsand receives adequate medical care if necessary, in accordance, inter alia, with the UN Standard MinimumRules for the Treatment of Prisoners;

iii. 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;

iv. Guaranteetherespect of human rights and the fundamental freedoms throughout the country inaccordance with national laws and international human rights standards.

Addresses

Ø Mr. Wen Jiabao, Prime Minister of thePeople’s Republic of China, Guojia Zongli, The State Council General Office, 2Fuyoujie, Xichengqu, Beijingshi 100017, People’s Republic of China, Fax: +86 10 65961109 (c/o Ministry of Foreign Affairs)

Ø 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

Ø Mr. Meng Jianzhu, Minister ofPublic Security of the People’s Republic of China, Buzhang, Gong’anbu, 14Dongchang’anjie, Dongchengqu, Beijingshi 100741, People’s Republic of China,Fax: +86 10 63099216

Ø Mr. Ma Zhenchuan, Director of the BeijingPublic Security Bureau, Juzhang, Beijingshi Gong’anju, 9 Qianmen Dongdajie,Dongchengqu, Beijingshi 100740, People’s Republic of China, Fax: +86 1085222320, Email: wbjc2sohu.com

Ø PermanentMission 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

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

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Geneva, 7 February 2011.

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

[1] See OMCTurgent appeal CHN 280810.1.