Precarious health conditions of Mr. Jigme Gyatso / Torture and ill-treatments / Arbitrary detention

Precarious health conditions / Torture and ill-treatments / Arbitrary detention / Fear for the physical integrity

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 precarious health conditions of Mr. Jigme Gyatso, a 48-year-old Tibetan political prisoner from Amdo Kersul, who is currently serving a 17 years’ prison sentence in Chushul Prison, on the outskirt of Lhasa city. At the beginning of 2009, Mr. Jigme was hospitalised at Drapchi Prison Hospital.

According to the information received, Mr. Jigme Gyatso is being detained since 1996 and has been subjected to acts of torture and ill-treatments while in detention. He was last seen by his relatives at Drapchi Prison Hospital in February 2009. He is known to be very frail and to be suffering from a kidney problem. He could only walk with his back bended.

Between 1988 and 1989, Mr. Jigme Gyatso was the leader of a secret youth organisation called the “Association of Tibetan Freedom Movement”. On 17 January 1992, he organised a demonstration in Lhasa, during which many of the demonstrators were arrested and detained by the People’s Security Bureau (PSB) and the officials of the anti-riot department. Mr. Jigme was not arrested at that time but PSB officials had suspected he was involved and had kept him under strict surveillance.

Mr. Jigme Gyatso was arrested on 30 March 1996 in Lhasa, from Tsongla Yangzom restaurant, owned by one of the members of the Association of Tibetan Freedom Movement who had been arrested earlier. The authorities closed the restaurant after discovering that the restaurant was a meeting venue for the association. Mr. Jigme Gyatso was accordingly under a wanted list following arrest of few members of the association in 1992 and 1993 after their demonstration of January 1992 in Lhasa.

On 25 November 1996 he was sentenced to 15 years’ imprisonment and five years of deprivation of his political rights by the Lhasa Municipal Intermediate People’s Court for “endangering national security” in connection with establishing an illegal organisation and “incitement”.

Mr. Jigme Gyatso was first detained in Gutsa PSB Detention Centre for one year and a month, where he was allegedly severely tortured[1]. In particular, he was kept in the interrogation cell for the first six months where he faced severe interrogation session. His legs and hands were manacled, kicked, and he was beaten with electric batons on his back and chest. In April 1997, he was transferred to Drapchi Prison, where he served most of his prison term, before his transfer to Chushul Prison in April 2005.

While in detention, Mr. Jigme Gyatso took part in the May 1998 protests in Drapchi Prison, prior to the visit of a troika of European Union Ambassadors. These protests were brutally suppressed and resulted in the death of eight prisoners and sentence extensions of at least 27 prisoners. In March 2004, Mr. Jigme shouted “long live the Dalai Lama”, for which he was kicked and beaten on his back and chest, including with electric batons. For that act, his sentence was extended for an additional two years.

There were also reports of Mr. Jigme Gyatso having been subjected to beatings and solitary confinement by the Chinese security forces following a meeting with the UN Special Rapporteur on Torture Dr. Manfred Nowak in Chushul Prison on 27 November 2005.

The International Secretariat of OMCT is gravely concerned for the life and integrity of Mr. Jigme Gyatso, and 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. The 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. In addition, the OMCT recalls that the UN Working Group has stated in November 2001 that Mr. Jigme’s detention was merely sanctioning his “right to freedom of peaceful assembly”, and as such is arbitrary[2].

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 Mr Jigme Gyatso;
2. Immediately release Mr. Jigme Gyatso on medical urgent grounds;
3. Guarantee immediate and unconditional access to a legal representation of his choice, his relatives and any medical treatment he may require;
4. Guarantee the respect of human rights and the fundamental freedoms throughout the country with inclusion of all its imprisoned persons 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)
• Ms. 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. Yang Jiechi, Minister of Foreign Affairs of the People’s Republic of China, Buzhang Waijiaobu, 2 Chaoyangmen Nandajie, Beijingshi 100701, People’s Republic of China, Fax: +86 10 6588 2594, Email: ipc@fmprc.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
• Ambassador Sha Zukang, Permanent Mission of the People’s Republic of China, Chemin de Surville 11, P.O. Box 85, 1213 Petit-Lancy 2, Geneva, Switzerland, Fax: +41 22 7937014, E-mail: mission.china@ties.itu.int

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

Geneva, 28 April 2009

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

[1] Following a visit to China in November-December 2005, UN Special Rapporteur on Torture Dr. Manfred Nowak had described the PSB Detention Centre in Gutsa as the “worst” centre he had visited. See UN Document E/CN.4/2006/6/Add.6, 10 March 2006.

[2] See UN Document E/CN.4/2001/14/Add.1, 9 November 2000.