Whereabouts of Mr. Tsultrim Gyaltsen and Mr. Yugyal unknown_Fear for their safety

Arbitrary Detention/ Whereaboutsunknown/ Fear for the safety

The International Secretariat of the WorldOrganisation Against Torture (OMCT)requests your URGENT intervention in the following situation in the People’s Republic of China.

Brief description of the situation

TheInternationalSecretariat of OMCT has been informed by The Tibetan Centre for Human Rightsand Democracy (TCHRD), a member of OMCT SOS-Torture Network, about the arbitrarydetention of two Tibetans, a popular writer and a former policeman, Mr. Tsultrim Gyaltsen, 27 years old, andMr. Yugyal, 26 years old, bothliving in Tengkhar Village in Shamchu Township, Diru County, Tibetan AutonomousPrefecture. OMCT fears for their safety since their fate and exact whereaboutsremained unclear at the time of writing this urgent appeal.

According to the information received, on 11 October2013 at about 1:00 am, Mr. Tsultrim Gyaltsen was arrested by a group of CountyPublic Security Bureau (PSB) officers during a night raid at his home inTengkhar. The PSB officers searched his entire place and confiscated his mobilephone, computer, books and other documents. He was reportedly detained onaccusations of “engaging in separatist activities and disrupting socialstability by spreading rumours”.

Mr. Tsultrim Gyaltsen, better known for his pseudonym“Shogdril”, is a popular and controversial writer, due to the political contentof some of his writings and books. Mr. Tsultrim Gyaltsen was reportedly detainedin relation to an event in Diry County, where he spoke against the Chinese government’spolicies.

According to the same information received, on 12October 2013 Mr. Yugal, a friend of Mr. Tsultrim Gyaltsen and a former PSBofficer, was also arrested from his house on the same accusations than Mr. TsultrimGyaltsen.

At the time of writing this appeal, no information wasavailable about the fate and exact whereabouts of Mr. Tultrim Gyaltsen and Mr.Yugyan. Furthermore, the exact charges held against them were also unknown.

The arrest and detention of Mr. Tultrim Gyaltsen andMr. Yugyan occurred in the framework of a crackdown in Diru County. Since July2013, Chinese authorities have been implementing various “patriotic” campaigns,which also include forcing Tibetans to fly the five-starred Chinese flags ontheir rooftops.

The International Secretariat of OMCT is gravelyconcerned about the safety of Mr. Tsultrim Gyaltsen and Mr. Yugyan.OMCT urges the competent authorities to guarantee theirphysical and psychological integrity at all times, in accordance withinternational human rights law, in particular the Conventionagainst Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and to immediately locate and disclosetheir whereabouts.

OMCT further urges for theirimmediate release since their arrests appear to be solely based on the peacefulexercise of their right to freedom of expression.

Actions Requested

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

i. Immediatelylocate and disclose the whereabouts of Mr. Tsultrim Gyaltsen and Mr. Yugyan

ii. Guarantee,in all circumstances, their physical and psychological integrity;

iii. Grantthem access to a lawyer of their choice and their families, as well asguarantee that they are examined by independent doctors and receive adequatemedical care if necessary;

iv. Order their immediate release in the absence of validlegal charges that areconsistent with international law and standards, or, if such charges exist,bring them before an impartial, independent and competent tribunal andguarantee their procedural rights at all times;

v. Carry out a prompt, effective,thorough, independent and impartial investigation into the aforementioned facts in accordance with internationalhuman rights standards, the result of which must be made public,in order to bring those responsiblebefore a competent, independent and impartial tribunal and apply penal, civiland/or administrative sanctions as provided by law;

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

Addresses

· Mr. Li Keqiang Guojiazhongli, 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 1065961109 (c/o Ministry of Foreign Affairs) Email: notice@scio.gov.cn

· Minister of Justice of the People’s Republic ofChina, 10 Chaoyangmen Nandajie, Chaoyangqu, Beijingshi 100020, People’sRepublic of China, Fax: +86 10 6529 2345, Emails: minister@legalinfo.gov.cn / pfmaster@legalinfo.gov.cn

· Ambassador Liu Zhenmin, Permanent Mission of thePeople’s Republic of China, Chemin de Surville 11, P.O. Box 85, 1213Petit-Lancy 2, Geneva, Switzerland, Fax: +41 22 7937014, E-mail: chinamission_gva@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, 16 October 2013

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