Incommunicado detention of Kalsang Tsultrim, a 30-year-old Tibetan monk, in Sichuan Province

Arbitrary arrest and detention/ Incommunicado detention/ Risk of torture and ill-treatment/ 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 arbitrary arrest and subsequent incommunicado detention of Kalsang Tsultrim (aka Gyitsang Takmig), a 30-year-old Tibetan monk from Gyitsang Gaden Choekorling Monastery in Sangchu County, Kanlho “Tibetan Autonomous Prefecture” (TAP), Gansu Province. OMCT fears that he may be at risk of torture and ill-treatment.

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

According to the same information, in 2009, Kalsang Tsultrim recorded and distributed videos on Tibetan history since the flight of the Dalai Lama into exile. He also wrote a book which illustrates the concerns of the Tibetan people. Kalsang Tsultrim has since then been reportedly on the move.

The International Secretariat of OMCT is gravely concerned about the safety of Kalsang Tsultrim, particularly because he is currently detained incommunicado, and recalls to the competent Chinese authorities that China is legally bound to effectively ensure the physical and psychological integrity of all persons deprived of liberty in accordance with international human rights law, and in particular, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

As stated by the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment in his latest report, “detainees are under a particularly high risk of being tortured when held in police custody (…). In order to keep this critical phase as short as possible, international human rights law requires that any person arrested or detained on the suspicion of having committed a crime has to be brought “promptly” before a judge or another officer authorized by law to exercise judicial powers” (§88 A/HRC/13/39/Add.5).

OMCT is also seriously preoccupied that Kalsang Tsultrim was arrested solely for exercising his right to freedom of expression. OMCT calls on the competent authorities to order his immediate release in the absence of valid legal charges that are consistent with international law and standards, or, if such charges exist, bring him promptly before an impartial, independent and competent tribunal and guarantee his procedural rights at all times, including immediate and unconditional access to a lawyer of his choice.

Finally, 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 United Nations Human Rights Council.

Actions Requested

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

1. Guarantee, in all circumstances, the physical and psychological integrity of Kalsang Tsultrim;
2. Grant Kalsang Tsultrim immediate and unconditional access to a lawyer of his choice and his family, as well as guarantee that he is examined by independent doctors and receives adequate medical care if necessary, in accordance, inter alia, with the UN Standard Minimum Rules for the Treatment of Prisoners;
3. Order his immediate release in the absence of valid legal charges that are consistent with international law and standards, or, if such charges exist, bring him before an impartial, independent and competent tribunal and guarantee his procedural rights at all times;
4. 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. Wen Jiabao, 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)
• Mr. Wu Aiying, 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, 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’s Republic of China, Fax: +86 10 63099216
• Mr. Ma Zhenchuan, Director of the Beijing Public Security Bureau, Juzhang, Beijingshi Gong’anju, 9 Qianmen Dongdajie, Dongchengqu, Beijingshi 100740, People’s Republic of China, Fax: +86 10 85222320, Email: wbjc2sohu.com
• 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

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

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Geneva, 26 August 2010.

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