Annual Report, 1998 - Tibet:
Crackdown on Humanity
In 1998, the 50th anniversary of the Universal Declaration
of Human Rights was celebrated internationally. Despite
recognition of this declaration, the People's Republic of
China continues to breach the provisions therein, leaving
the Tibetans very little to celebrate. 49 years after the
PRC occupied Tibet, the freedom to exercise fundamental
human rights has not been restored.
The People's Republic of China has successfully
deflected international pressure with regards to its
human rights record, primarily on account of its massive
market economy. Despite a number of visits from foreign
delegations during the year, few practical revisions have
been made to amend the situation. Evidence actually
indicates a contrary trend; an increasingly tighter
governmental control over all sectors of Tibetan life
which is seriously jeopardising the survival of the unique
Tibetan culture and people.
It appears that China is attempting to alienate the
Tibetans from their own identity in order to prevent
dissension. The Tibetan population is being marginalised
in all domains. Extreme repressive measures imposed on
religion, an intrinsic element of the indigenous culture,
continue to stifle Tibetan cultural autonomy. The right to
freedom of expression and opinion is consistently negated
and many Tibetans are arrested arbitrarily on account of
such activity.
Tibetan autonomy is also severely restricted by lack of
true representation in the political sector, and Tibetans
consequently face discriminatory policies and further
marginalisation in their own land. State-encouraged
population transfer of Chinese into Tibet exacerbates
this condition. Population transfer, augmented by harsh
birth control policies contrary to domestic law, has
grave implications on the survival of the Tibetans. These
practices must be curbed.
The harsh suppression of a peaceful demonstration inside
Drapchi Prison, Lhasa, in May 1998, is evidence of China's
absolute disregard of the Tibetans' right to freedom of
expression. There are confirmed reports of 10 prisoners
who died as a result, and many more were injured. Others
who participated in the demonstration have endured severe
repercussions. The demonstration occurred at the time of
an official visit by European Union Troika Ambassadors,
yet the Chinese monopoly over information prevented the
delegation from finding out about the incident until
they had left the region. Information regarding the
incident is still very restricted. This is an indication
of overwhelming governmental control in the region, and
causes concern to human rights monitors as the Chinese
government obviously has an unbounded ability to manipulate
the dissemination of information regarding all human rights
issues.
Following the EU Troika mission, Tibet was also visited by
members of the Danish Parliament's Foreign Policy Committee
in August 1998, and by the UN High Commissioner for Human
Rights, Ms. Mary Robinson, in September. Each visiting
party expressed dissatisfaction with the limits imposed on
their visit by the Chinese government. Little contact with
Tibetans was permitted unless accompanied by government
officials and all items on the itineraries were subject
to Chinese approval. Unfortunately, despite the admission
of these restrictions on their visits, delegation reports
were diplomatically ambiguous, failing to put sufficient
pressure on the Chinese government to rectify the current
abusive practices in place.
On October 5, 1998 the PRC signed the International
Covenant on Civil and Political Rights. This is a
welcomed gesture, and both Tibetan and international
communities await evidence of suitable adaptations to bring
Chinese domestic law and practice into line with these
standards. Present practices transgress international
human rights standards, and although improvements have
been made in some areas, a more comprehensive scheme
for the protection of the Tibetans' human rights must be
implemented immediately.
Freedom of Expression
Despite their obligation to ensure that all citizens
can enjoy freedom of expression and opinion, the PRC has
actively repressed this right. Any expression of opinion
contrary to Chinese Communist Party ideology can result
in arrest and in 1998, 56 Tibetans were arrested for such
actions, 31 of these were detained.
The repressive measures are focused on religious
institutions which the Chinese identify as the primary
source of contrary ideas. Since the launch of the "Strike
Hard" campaign in 1996, the Chinese government has
systematically covered religious institutions in Tibet
in an attempt to eradicate allegiance to the Dalai Lama,
Tibetan nationalism and any dissension. Thousands of monks
and nuns have been expelled as a result of this initiative
and hundreds have been arrested. The campaign has been
introduced into the lay sector so no Tibetans are exempt
from this repressive policy.
This is a deliberate denial of the right to freedom of
expression and if continued, the Tibetan cultural heritage
will be seriously endangered. This governmental policy
must be immediately checked.
Arbitrary Arrest and Detention
The 1996 amendments to the Chinese Criminal Procedure
Law failed to implement mechanisms to protect individuals
from arbitrary arrest and detention. The International
Covenant on Civil and Political Rights, which China signed
in October 1998, contains provisions which uphold the right
of citizens to be free from such a risk, and appropriate
amendments to the national constitution are anticipated.
The vast majority of the 135 arrests of Tibetans in
1998 were arbitrary; imprisoned on ambiguous charges of
"endangering state security." Incarcerated for exercising
their basic rights, the prisoners are denied many rights
whilst in detainment. Legal proceedings fail to meet
international standards; the accused are often denied
legal representation, visitation rights and the right to
appeal. They are often subjected to torture in order to
extract a "confession," and many are detained without any
judicial proceeding at all.
Political Prisoners and Prisoners of Conscience
In December 1998 there were 1083 known Tibetan political
prisoners in Chinese prisons. 246 of these were women
and 12 were juvenile. An additional 93 prisoners, now
of adult age, were imprisoned as juveniles and remain in
incarceration. 76 of the prisoners are serving sentences
of more than ten years. The rate of imprisonment for
political reasons in Tibet is far greater than in other
areas beneath Chinese rule. It is indicative of the
extent of the comprehensive campaign of the government
to eliminate any views contrary to official policy in
Tibet. This is a direct violation of basic rights to life,
liberty and freedom of expression.
Torture in Detention Centres and Prisons
Torture constitutes a profound abuse of human rights yet
despite being party to various international convention’s
which outlaw the practice, the Chinese government continues
to tacitly endorse its use in detention centres and
prisons.
The ultimate violation of human rights is the termination
of life. In 1998, 19 Tibetans died prematurely whilst in
detention. Eleven of these deaths resulted from the Chinese
suppression of the peaceful demonstration in Drapchi Prison
in May. Since 1986, the deaths of 60 Tibetans in detainment
have been recorded.
Testimonies from former political prisoners confirm that
torture remains prevalent in prisons in Tibet. The primary
function of this torture is to extract a confession from
the prisoner in the pre-trial stage but accounts indicate
that it continues throughout detainment. This practice
is unacceptable, and is in direct contradiction with the
United Nations Convention Against Torture. After a decade
of participation in this convention, China is yet to fulfil
its responsibility to eradicate torture from its detention
institutions.
Religious Persecution
China's comprehensive repression of religion in Tibet
was intensified in 1998. An overwhelming increase in
the number of expulsions of monks and nuns from their
institutions is evidence of China's intention to further
restrict religious practices in Tibet. 327 monks and nuns
were arrested and 7156 religious people were expelled from
their religious institutions as a result of the "Strike
Hard" campaign during the year.
The campaign was introduced nation wide in May 1996
with an overall aim of reducing general crime and
corruption. In Tibet, the accompanying programme
of "patriotic re-education" was the focus, aimed at
diminishing any subversive sentiment and restricting
Tibetan nationalism. The Tibetan Centre for Human Rights
and Democracy has recorded 9,977 expulsions since the
inception of the programme and 492 arrests of monks and
nuns.
China has recently declared Tibet to be non-Buddhist and
is implementing measures to achieve this end. The Dalai
Lama, the spiritual and temporal leader of Tibetans,
and his recognised Panchen Lama have been denounced. The
nine year-old 11th Panchen Lama has been missing since
his status was announced in 1995. Even photographs of the
Dalai Lama have been banned. Numerous institutions have
been closed down completely and other religious monuments
have been destroyed. The right to freedom of religion is
consistently negated in Tibet.
Women's Rights
Domestic legislation and international obligations have
failed to uphold the rights of Tibetan women in Tibet. The
primary violation of their rights results from birth
control policies. Despite domestic laws which guarantee
concessions for minority groups, Tibetan women continue
to be subjected to enforced sterilisation, contraception
and abortion procedures. They are not given the option
of voluntary contraception methods nor are they provided
with adequate healthcare following these procedures. Fear
of sterilisation deters many women from seeking medical
attention for other ailments and thus the health of Tibetan
women is compromised.
The rights of women to freedom of expression are also
violated. There are presently 246 known female Tibetan
political prisoners. These women are vulnerable to
sexual abuse, torture and hard physical labour. China
ratified the Convention on the Elimination of all forms of
Discrimination Against Women in 1980 but is yet to fulfil
its requirements.
The Rights of the Child
Contrary to international and domestic regulations, the
rights of Tibetan children are not being fully protected by
the Chinese government. Due to subsistence difficulties,
inadequate facilities and discriminatory measures, many
Tibetan children are denied access to adequate healthcare
and schooling. The health of Tibetan children is of a
substandard level. In some counties the weight-for-age
ratio has been classified as "unacceptably low" and reports
indicate that chronic malnutrition is restricting the
growth of Tibetan children.
Within the education system, indigenous children face
significant discrimination. As they are now part of a
minority population, the education system is not directed
to them but to the Chinese immigrants. Consequently they
are disadvantaged throughout their entire education and
this in turn impacts on future employment opportunities.
Tibetan juveniles are not exempt from China's repression
of freedom of expression. There are presently 12 Tibetan
political prisoners below the age of 18 and 93 others
who were imprisoned as children but are now adult. 2,206
child monks and nuns were dismissed from their religious
institutions in 1998 and were thus alienated from their
right to freedom of religion, culture and education.
Overall subsistence levels must be raised and
discriminatory tactics abolished in order to address the
urgent needs of Tibetan children.
Population Transfer
The transfer of Chinese citizens into Tibet is perhaps
the most significant threat to the Tibetan people as a
whole today. If the government is permitted to continue
its present policies of population transfer, Tibet may
face total marginalisation; a fate not unlike that of
Inner Mongolia, Manchuria and Eastern Turkistan.
The affects of the deliberate strategy are already
apparent. Tibetans are denied complete access to the
political sector and are subjugated to Chinese law.
As a result, they are vulnerable to exploitation and
negligible policies. Massive economic developments, the
catalyst for much of the immigration, is exploiting the
land and destroying the livelihood of many indigenous
people. The traditional subsistence economy is being
replaced by a market economy from which the Tibetans are
alienated. Subsistence capabilities are being severely
diminished which compromises all other rights. Tibetans
face physical displacement on account of the Chinese influx
and are losing the right to autonomy over their land.
Economic hardship, combined with blatantly discriminatory
policies, is also disabling the Tibetans opportunities in
education and health. The ramifications of such alienation
are profound. When all these factors are considered along
with the stringent birth control measures imposed on
Tibetan women, the motives of the People's Republic of
China have a much more guileful undertone.
Subsistence Rights
Increased Chinese migration, discriminatory policies
and inadequate social welfare combine to create a hostile
economic environment for Tibetans. More than 70 per cent of
Tibetans in the "TAR" now live below the poverty line. The
destruction of their traditional subsistence economy is
creating an economic void for the indigenous people as
they have been alienated from the market economy which
has replaced the former. China's economic development
programmes are repeatedly failing to alleviate the poverty
and new means of financial assistance must be employed.
These difficulties are compounded by harsh
taxation policies that have been implemented without
concession. Tibetans are being greatly affected by these
demands which sometimes constitute as much as half their
salary. China plans to equate tax revenue from the "TAR" to
that of the rest of China and with so many "TAR" residents
living in poverty, such an intention is clearly abusive.
It is essential that China relax their taxation policies
and redirect their annual subsidy for the "TAR" so
that the living standard of Tibetan individuals may be
raised. Until this is achieved, many basic human rights
cannot be assured.
Enforced Disappearance
A major breach of the human right to life, liberty and
security of person is in cases of enforced disappearance;
when a person is taken into custody by the state and
details of their detention are not disclosed. Such acts
cause immense anxiety to the detained person and to all
concerned individuals.
12 new cases of such disappearance were reported to TCHRD
in 1998. Details of all remain inaccessible. The condition
and location of 18 of the 22 reported cases last year are
yet to be released. The Chinese government is urged to
immediately release all information regarding the situation
of these missing persons.
Racial Discrimination
The immigration of increasing numbers of Chinese into
Tibet has forced the Tibetans into minority status and
made them vulnerable to various forms of discrimination.
Despite being a party to the International Convention on
the Elimination of All Forms of Racial Discrimination,
domestic laws are failing to provide the Tibetans
with an environment free from discrimination. Some
government-endorsed practices are blatantly discriminatory,
to the detriment of the Tibetans.
Tibetans rights in the political sector are severely
restricted which annuls their lawful right to
autonomy. They also suffer distinct biases in education
and health care which greatly affects both their cultural
and physical development.
The continual influx of Chinese settlers is also resulting
in discrimination in the employment sector and the Chinese
government is yet to introduce steps to rectify this issue.
Conclusion
By the end of 1998, the People's Republic of China had at
least signed each of the three covenants comprising the
International Bill of Rights. This gives rise to the hope
that effective measures will soon be implemented to align
China's domestic laws with these international norms in
order to cease the current violations of human rights.
The cultural and physical survival of the Tibetan
population in Tibet is greatly threatened today by
continual infringements of these rights. China must
actively address this issue. Previously, participation
in such covenants has not guaranteed compliance with the
provisions therein, and the international community is
urged to monitor the situation closely.
Individual and collective rights abuses continue to
challenge the Tibetan people in their daily lives and in
the future survival of their unique cultural identity.
The Chinese government is obliged to rectify this situation
immediately by amending their domestic law to provide
for the protection of all rights. The signing of the
International Covenant on Civil and Political Rights is a
welcome indication, but the Tibetan people await evidence
of China’s adherence to this and other codes. Continual
international pressure is essential in encouraging the
Chinese government to abide by the regulations of the
covenants of human rights.
[Contents]
There is little doubt that China shows insufficient regard
to its obligations under the Universal Declaration of Human
Rights and various other human rights instruments. This
report provides evidence of the continued breach of these
regulations. We request the United Nations Commission on
Human Rights and the international community to urge China
to consider the following recommendations.
Release
all the political prisoners and prisoners of conscience
imprisoned in various Chinese prisons in Tibet.
Define
the term "endangering state security" in its Criminal
Procedure Law which in its present ambiguos state defeats
various rights of Tibetan people, particularly the right
to freedom of expression and opinion.
Adhere
to the regulations in international community which protect
individuals from arbitrary arrest and detentions.
Ensure
that detainees receive adequate prison facilities as
stipulated by the Standard Minimum Rules for the Treatment
of Prisoners and prohibit the use of torture. Also gurantee
right of access to legal representation and proceedings.
Protect
the rights of the Tibetan people to freedom of religion
thereby eliminating the policy of religious repression
through the “strike Hard” campaign.
Abolish
policies of population transfer and forced abortion and
sterilisation which threaten the cultural and physical
survival of the Tibetan people.
Gurantee
the rights of Tibetan children, including access to education,
and freedom from discrimination and juvenile detention.
Prevent
the imposition of unreasonable taxation policies that
jeopardise the livelihood of the Tibetan people, especially
in the rural areas.
[Contents]
International covenants provide for the rights of
freedom of expression, assembly and association without
any interference from the state, yet Tibetans enjoying
these fundamental rights risk long-term imprisonment and
torture. Of the 135 known arrests in 1998, 56 Tibetans
were arrested for exercising their right to freedom of
expression. Peaceful expression of Tibetan nationalism,
allegiance to the Dalai Lama or criticism of the Chinese
government can result in imprisonment or other forms of
punishment.
The latest grave incident of the violation of freedom of
expression occurred in Drapchi Prison in May 1998. Tibetan
prisoners in Drapchi staged peaceful protests on May 1 and
May 4 by raising slogans and distributing leaflets amongst
the prisoners. On both occasions, the People's Armed Police
(PAP) and the Public Security Bureau (PSB) officials
opened fire on approximately 500 Tibetan prisoners in an
attempt to suppress the protest. The officials also used
bayonets, sticks, metal rods and electric cattle prods.
11 deaths and some 200 serious injuries resulted. This
display of repression indicates the PRC's total disregard
of international standards protecting the fundamental
right to freedom of expression.
The right of religious people to freely express their
opinion has been targetted by the People's Republic of
China since the launching of the "Strike Hard" campaign
in April 1996. Beneath this campaign, a "patriotic
re-education" programme was implemented in the religious
institutions in Tibet in an attempt to suppress opinions
contrary to Party policy. Monks and nuns are forced to
sign pledges of political allegiance to China and denounce
the Dalai Lama, and those who fail to comply are labelled
"splittist" and face expulsion or arrest. The campaign
was officially extended into the lay sector in November
1997. In 1998 Tibetan Centre for Human Rights and Democracy
recorded 7,156 expulsions and 327 arrests of monks, nuns
and lay people for exercising their right to freedom of
expression. There has been no sign of a relaxation of
these suppressive practices.
International Law
The right to freedom of expression and opinion are
specifically stated in Article 19 of the Universal
Declaration of Human Rights:
Everyone has the right to freedom of opinion and
expression; this right includes freedom to hold opinions
without interference and to seek, receive and impart
information and ideas through any media and regardless of
frontiers.
Freedom of expression is also recognised in Article 19
of the International Covenant on Civil and Political
Rights to which China has recently become a signatory.
It clearly states that:
Everyone shall have the right to hold opinions without
interference.
China's domestic laws are inconsistent with the
international laws to which they have, in principle, agreed
to respect. Under the 1997 amendments of the Criminal
Procedure Law, the charge of "counter-revolutionary"
activity has been replaced with the charge of "endangering
state security." Details of the new terminology have not
been clearly identified by the Chinese authorities, and it
appears that the new charge encompasses the same offences
as defined by "counter- revolutionary" activity. Any
expression of opinion contrary to government ideology may
be deemed a threat to national security and as a result
this right is consistently denied.
China has failed to realise its obligation to protect the
right to freedom of expression and to create an atmosphere
in which everyone may enjoy this basic right.
Cases of Violation of Freedom of Expression and Opinion
The following cases are a few of those reported to TCHRD
in 1998 and are indicative of China's continuing violation
of the right to freedom of expression and opinion.
-
Palden Wangmo and her daughter Kunchok Chodon
were arrested in early 1998 for refusing to comply with
the orders of Chinese "work team" officials. Similarly,
Thupten Tenzin, a senior monk in Rongpo Rabten Monastery
and Gyalchoe from Pa Dha monastery were arrested
for questioning the "re-education" campaign in their
monasteries. Six monks from Serpo Monastery were arrested
for similar offences.
-
Tenpa Rabgyal,
a 27 year-old monk from Tashi-Ge Kun-Phel-Ling Monastery,
was arrested in February 1998 for writing some prayer
notes for the long life of His Holiness the Dalai Lama.
-
Gedun Tharchin (25), Tenzin Lobsang (25),
Gyaltsen Tsultrim (18), and Tenzin Tsultrim (17),
were arrested on February 12, 1998 for pasting Free Tibet
posters when the Chinese "work teams" arrived in their
respective monasteries. They were all from Rongpo Rabten
Monastery in Sog County, Nagchu region and are currently
held in Sog County prison.
-
Samdup,
a 28 year-old monk from Drepung Monastery, was
re-arrested in May 1998 for pasting independence posters
in the monastery. He is currently being held in Seitru
Detention Centre but details of his sentence have not been
disclosed. He was first arrested on May 13, 1992 for taking
part in a peaceful demonstration in Lhasa along with ten
other monks from the same monastery. He was released in
1994, after serving a sentence of two years in Drapchi
Prison.
-
18 monks from Tashi Choeling Monastery were arrested for
pasting posters in June 1998 and were detained for one
month.
-
Ngawang Kyonmey,
a 28 year-old from Toelung Dechen was arrested on September
18, 1998 on charges of conspiring to hand a letter to the
High Commissioner for Human Rights, Mrs. Mary Robinson,
during her visit to Tibet.
-
Lobsang Sherab (33), Lopel (25), Palkho (25), Tingzin (34),
Tenzin (25) and Palden (29)
from Kirti Monastery in Ngaba County, Sichuan Province
were arrested for pasting independence posters inside
the monastery and opposing the Chinese "work teams" after
their arrival on October 16, 1998.
-
Bhu Dawa,
a 24 year-old lay man from Jamdun Dogo, was arrested on
January 20, 1997 for pasting independence posters and is
currently in Drapchi Prison.
-
On May 4, 1997,
40 students from Tibetan Middle School in Ngaba "TAP"
formed the "Rig-Tsel Tsok Pa" (Arts and Literature
Association). Twenty-year-old Tsundu and another boy
(name unknown) aged 19, were the founders of the group. The
members of the associaton gathered in the school auditorium
in front of all the students and sang a song of praise
to the Dalai Lama. Behind them hung a flag they had
made showing a snow mountain in the centre with a sun on
one side and a moon on the other. The following morning
local police came to the school and seven students from
the group were arrested as a result of the display. After
three days of detention five of the students were released
upon payment of 5,000 yuan (US$ 625) each. The students
were threatened with expulsion from school if they did not
pay. Tsundu and another boy were detained for 10 days and
also had to pay 5,000 yuan bail. They had been identified
as the leaders of the group and as a result were expelled
from the school. They have been forbidden from attending
any school or participating in any kind of employment for
three years.
-
In April 1997 in Jamdun Monastery, Drayab county, three
monks were arrested on charges resulting from pasting
posters. Nyima, Nyima Tsering and Gyaltsen were sentenced
to five years imprisonment in March 1998. The monks were
aged between 20 and 27 years.
-
Around April 1997 in Rinchenling village in Meldro Gongkar,
a 50 year-old female oracle (name unknown) called for
people to support Tibetan independence while she was in
a trance. Her husband Drakdok tried to stop her but she
continued. Chinese police accused both the husband and
wife of calling independence slogans. They were arrested,
along with the woman's father, and taken to Medro Gongkar
police station before being transferred to Drapchi Prison.
-
Jampa,
a 30 year-old monk from Sera Monastery was arrested
in August 1997 on the charge of distributing pamphlets
regarding the reincarnation of the Panchen Lama. He was
sentenced to five years and is now in Gutsa Detention
Centre.
-
Trulku Ka Bukey,
(also known as Nazod Trulku), 30 year-old religious
teacher from Nubsur Monastery was sentenced to seven years
imprisonment in December 1997. He is currently detained
in Maowan Qiang County prison, which is a part of Ngaba
County Labour Camp. He was arrested on May 10, 1996 by
the People's Armed Police during the 40th anniversary of
foundation of Serta County. He was arrested for initiating
a 25 km peace march from Nubsur Monastery to Serta County,
for carrying a Tibetan national flag and distributing
pro-independence leaflets to the public.
-
Gonpo,
a 45 year-old businessman from Thawa Village, received
five years imprisonment in December 1996 for distributing
independence leaflets during a three-day ceremony held
at Ngaba County in June 1996. He was arrested in July
1996 and was imprisoned in Maowan Qiang County Prison,
which is a part of Ngaba County Labour Camp. According to
recent information from Tibet, he was severely tortured
and two ribs were broken after beatings.
-
In October 1996 local PSB officials arrested six monks of
Taktsang Lhamo Monastery, in Gansu Province. They were
alleged to have instigated a crowd to revolt against
Chinese oppression and for hoisting a Tibetan national
flag in a prominent place in Gannan Prefecture. Four were
detained in Gannan "TAP" prison, and two were held in
Lu-Chu County Prison, also in Gannan "TAP."
-
Lobsang Choephel,
aged around 25, was a monk in Thekchen Jangchup
Choeling Monastery. He was arrested on December 4,
1996 for having pasted an independence poster in Drepung
Monastery. Twelve days after his arrest he was taken to a
"reform-through-labour" camp. He was sentenced while in
the camp (sentence unknown) and reportedly accepted the
charge of pasting the poster.
-
Kelsang Tenzin,
a 27 year-old from Nyemo County, was a monk and the
scripture printer of Sera Monastery. In 1996 he was charged
with having made wooden block prints reading "Freedom
Organisation." He was subsequently sentenced to three
years in Trisam Prison.
-
Lobsang Thokmey (lay name: Bhutuk)
and Lobsang Tenphel (lay name: Pasang Ngodrup),
both aged 22, from Dongtse Monastery in Gyaltse
County, Shigatse Region "TAR," were arrested in 1996 after
pasting posters on the entrance gate of Chinese shops and
hospitals in Dongtse Prefecture. The poster read: "Tibet
is free. China is forcibly depriving Tibetans of their
basic human rights. The Chinese are selling worthless and
inferior goods in Tibet at exorbitant rates, Chinese are
cheating the poor Tibetan farmers by compelling them to
sell their hard-earned grain and other products at minimal
rates." The two monks were tried in Gyaltse County Public
Court and charged with "propagating splittist actions."
Lobsang Thokmey was sentenced to four years and Lobsang
Tenphel to two and a half years. Both are currently held
in Drapchi Prison.
[Contents]
The UN Working Group on Arbitrary Detention defines
arbitrary detention as:
Cases of deprivation of freedom when the facts giving rise
to the prosecution or conviction concern the exercise of
the rights and freedoms protected by certain articles
of the Universal Declaration of Human Rights and the
International Covenant on Civil and Political Rights.
Arbitrary arrests and detention continued to take place
in Tibet in 1998. 135 arrests of Tibetans in 1998 were
recorded and almost all these are deemed arbitrarily
arrested and detained.
On October 5, 1998 the People's Republic of China (PRC)
signed the International Covenant on Civil and Political
Rights (ICCPR) which binds them, in principle, to the
provisions therein, including the protection of citizens
from arbitrary arrest and detention. The decision to enter
the agreement appears to be merely an attempt to deflect
international pressure on the Chinese government to uphold
international human rights standards. China continues to
evade these international obligations by qualifying the
conditions of the Covenant.
In its revision of the Criminal Procedure Law (CPL)
in 1996, the PRC failed to ensure the protection of all
citizens from arbitrary detention and unfair trial. The
threat of arbitrary arrests has actually increased
under the CPL amendments with the introduction of the
charge of "endangering state security." Under the new
CPL police can use "state secrets" as a justification
for arrest and detention and can deny suspects access to
legal representation throughout the investigation and
interrogation period, thus enabling further arbitrary
arrests. The revisions, therefore, do not go far enough
in bringing China into compliance with international
standards.
International Law
Article 9 of the Universal Declaration of Human Rights
(UDHR) specifically states:
No one shall be subjected to arbitrary arrest, detention
or exile.
Article 9 of the International Covenant on Civil and
Political Rights similarly declares:
Everyone has the right to liberty and security of
person. No one shall be subjected to arbitrary arrest or
detention. No one shall be deprived of his liberty except
on such grounds and in accordance with such procedure as
are established by law.
The President of the Chinese Society for the Studies
of Human Rights qualified Chinese participation in
the covenant by stating that "[s]ince China did not
participate in drafting the covenant [ICCPR] and its
national conditions differ from those in other countries,
Chinese government will pay attention to the issues of
how to implement the covenant and adapt it to China's
existing laws and regulations." This effectively annuls
their adherence to the codes and reveals a reluctance to
alter existing policies to meet international standards.
Arrests Resulting From Exercise of Rights
The most common offence resulting in arbitrary arrest and
detention is "endangering state security." This category
was introduced into the CPL under the 1996 amendments,
replacing the controversial term of "counter-revolutionary"
activity. This change fails to introduce any measures to
restrict the incidence of arbitrary arrest and Tibetans are
still at risk of arrest for any act or expression which may
be contrary to Chinese official ideology. The Working Group
on Arbitrary Detention who went to Tibet in October 1997
expressed concern because "even though the nomenclature
'counterrevolutionary crimes' has been abolished, the
jurisdiction of the State has been allowed to expand and
acts of individuals in exercise of freedom of expression
and of opinion may well be regarded as acts 'endangering
national security.'" This enables the PRC to continue
its practice of arbitrary arrest to suppress subversive
opinions and is in direct violation of each person's right
to liberty and freedom of expression and opinion.
People are liable to be arbitrarily charged with
"endangering state security" even for non-political acts
which involve contact with those who have engaged in
political activity. There have been reports of people
being arrested for merely providing financial or moral
assistance to inmates and their families. For instance Ama
Lhundup Wamgmo, who has been missing since August 20, 1998,
was arrested twice previously on suspicion of political
activities and having visited political prisoners. Her
current detention is expected to be a result of subsequent
prison visits although details of her charge are yet to
be disclosed.
-
Dawa Tsering,
27 years old from Phenpo County, was a monk of Dha Lobu
Monastery. He was charged with having compiled a list of
political prisoners and sending it to India and circulating
documents from India in Tibet. He was sentenced to six
years in Drapchi Prison.
-
Gyalkye
(also known as Lobsang Tsering) is in his early thirties
and a senior monk at Pomda Monastery. When "work team"
members came to the monastery, he disobeyed their
instructions and expressed his resentment of their
presence. On August 8, 1997 he was taken to the police
station and later transferred to Chamdo Prefecture prison
where he was detained for almost four months. He is
currently held in a prison in Lhasa and his sentence is
unknown.
-
Lo-Ghuy
an 18 year-old student monk of Sera Chabra Monastery was
arrested in September 1997 on charges of having pasted
posters which read "Free Tibet." He was sentenced to six
years imprisonment and transferred to Toelung prison.
-
Ngawang Dipsael
(lay name: Penpa) is a 29 year-old monk from Drepung
Monastery. He was arrested on December 22, 1997 by Lhasa
Public Security Bureau (PSB) for staging a demonstration
in Lhasa. He was taken to Tsethang Prison in Lhoka Region
where he was sentenced to three years and transferred to
Toelung prison. Ngawang had previously spent four years
in Drapchi from May 13, 1992 to May 16, 1996.
-
Tseten,
a 37 year-old from Nyemo County, was sentenced to seven
years imprisonment in August 1997. She was arrested for
possessing the autobiography of the Dalai Lama and charged
with "endangering state security." Tseten is serving her
prison term in Drapchi. She has previously been arrested
twice; once in 1988 for pasting freedom posters when
she was detained for six months in Nyemo County Prison
and again in 1995 for the same offence for which she was
detained for eight months in Gutsa Detention Centre.
Denial of the Right to Fair Trial
According
to Article 10 of the Universal Declaration of Human Rights:
Everyone is entitled in full equality to a fair and public
hearing by an independent and impartial tribunal, in the
determination of his rights and obligations and of any
criminal charge against him.
The existence of an independent bar is also critical to
the right to a fair trial and the protection of human
rights. The classification of lawyers as government
paid 'state legal workers' was abolished under the
1996 Lawyers' Law in 1996. They are now described as
"personnel ...who are providing legal services for the
public." Legal services are not uniformly made available
to the public in China, and Tibetan political defendants
in particular have had great difficulty in attaining legal
representation. Financial difficulty and the reluctance of
lawyers are the two major contributing factors. Authorities
have retaliated in the past against lawyers representing
such defendants.
Amnesty International, in its 1998 report stated that
"[p]olitical trials continued to fall far short of
international standards, with verdicts and sentences
decided by the authorities before the trial, and appeal
hearings usually a mere formality."
These conditions within the Chinese legal system deny
political prisoners their fundamental right to a fair
trial.
The case of Chadrel Rinpoche, the abbot of Tashi Lhunpo
Monastery and head of China's Search Committee for the
reincarnation of the 11th Panchen Lama, is a prime example
of the denial of the right to fair trial. He was charged
with "plotting to split the country" and for "leaking state
secrets" and was sentenced to six years imprisonment. He
was denied legal representation and his trial was closed to
the public on account of alleged "state secrets." Details
of the trial were never released.
Cases of Unsuccessful Appeals
Despite some amendments to the trial process, the appeal
system seems to have undergone minimal modifications. The
revised law specifies the obligation of the lower level
court to organise a new tribunal for the hearing of any
new trial at the request of the defendant.
" ... none of these changes address the fundamental problem
in the appellate process in China: the reluctance of
defendants to appeal. Chinese researchers have documented
the steady decline in appeal rates since the CPL first
became effective [in 1979]." The appeal rate was reported
to be just above 10 per cent by 1994 which indicates a
significant handicap in the system. The reluctance of
defendants to appeal is due to the fact that appeals are
generally unsuccessful or the higher courts merely approve
the decision of the original trial without reviewing the
case. Another significant hindrance in the appeal process
is the fact that those who do appeal may face a graver
verdict.
-
Jampel Monlam,
a former political prisoner who served five years in
Drapchi prison from 1989 to 1994 reaffirmed that of all
the political prisoners about 10 per cent of them try
to appeal. He claimed that defendants were reluctant to
appeal due to the futility of the appeal system and the
risk of a harsher sentence.
-
Ngawang Choephel,
the 32 year-old Tibetan musician sentenced to 18 years
imprisonment and four years subsequent deprivation of
political rights was transferred to "TAR" Prison No. 2,
formerly known as Powo Tramo Labour Camp. Ngawang,
who was detained in Nyari Detention Centre since August
1995 is reported to have appealed to the Higher People's
Court in Lhasa on various occasions but his appeals were
consistently rejected.
-
Rinzin Choenyi,
a former Shugseb nun, was arrested on September 22, 1989
for taking part in a demonstration. She was sentenced to
seven years by the People's Intermediate Court on October
5, 1989 for "counter-revolutionary" activities. She was
told that if she felt her sentence was too heavy she could
appeal for a retrial within a period of ten days. After
three days she appealed to the Higher People's Court for
a retrial under article 102 (36) of the CPL which states:
-
"Whoever for the purpose of counterrevolution
commits any of the following acts is to be
sentenced to life imprisonment, criminal detention,
control or deprivation of political rights;
ringleaders or others whose crimes are monstrous
are to be sentenced to not more than five years
of fixed-term imprisonment:
-
Inciting the masses to resist or to sabotage the
implementation of the state's laws or decrees; and
-
Through counterrevolutionary slogans, leaflets
or other means, propagandising for and inciting
the overthrow of the political power of the
dictatorship of the proletariat and the socialist
system."
She was notified on November 10, 1989 that the verdict
of the Intermediate Court was to be held as the final
decision. After seven days she was transferred to Drapchi
Prison where she completed her prison term.
-
Rinzin Wangyal
(also Rinwang) is a 52 year-old from Lhasa. He was first
arrested in 1966 or 1967 for allegedly organising an
underground movement and served between 15 and 17 years in
prison. He was re-arrested in 1995 on suspicion of planning
to disrupt "TAR" anniversary celebrations for which he was
sentenced to a 16-year prison term. In October 1997, while
still in detention, his sentence was increased to life. The
extension order came from the People's Intermediate
Court. Before he could initiate an appeal to the Peoples'
High Court, Rinzin received instructions stating that the
decision made by the Intermediate Court has been approved
and finalised, thus negating any appeal process.
Pre-Trial Detention
The revised CPL eliminated five different forms of
pre-trial detention. This revision anticipated the
elimination of the practice of a sixth form of pre-trial
detention known as "shelter and investigation" (Chinese:
shourong shencha). This is a form of administrative
detainment where prisoners serve their term under
"re-education-through-labour." "Shelter and investigation"
is not included in the CPL and is therefore absent from
the 1996 amendments. Cases received in 1998 confirm the
continuation of this form of administrative incarceration.
Decisions regarding this form of detention are mostly
determined by police and local government committees,
independent of judicial proceedings. Not only are citizens
who are subject to such proceedings denied the right to a
judicial determination of their sentence, they are denied
the right to a hearing or to counsel.
The maximum specified period of "shelter and investigation"
of three months is also frequently breached. There are
reports of suspects being held for up to three years
prior to trial. "These widespread abuses stemmed
from the fact that, as an administrative measure,
'shelter and investigation' was subject to virtually no
outside checks. Unlike a formal arrest under the CPL,
this procedure required no prior approval from the
procuratorate."
In its report from its field mission to Tibet and
China in October 1997, the Working Group on Arbitrary
Detention "denounced the absence of a judge or independent
tribunal when a detainee was sentenced by committees to
re-education through labour." During the 54th UN Commission
on Human Rights in March and April 1998, the Working Group
again expressed concern about the continuation of these
measures.
Ngawang Beyjey
is 35 years old from Gurum township in Toelung Dechen
County. He is a former monk of Drepung Monastery. In
September 10, 1997 when Drepung Monastery was being
whitewashed, Ngawang reportedly tore down the Chinese
flag that was hoisted on the rooftop of the monastery
and stamped on it. He was immediately arrested and was
detained for four months in the police station situated
on the western side of Lhasa. In February 1998, he was
transferred to Gutsa Detention Centre. His sentence has
not yet been passed but he is still incarcerated.
CONCLUSION
The legal system in the People's Republic of
China is failing to protect the rights of Tibetan
citizens. Arbitrary arrests continued unabated in 1998,
violating the Tibetans' fundamental right to liberty
of person and to freedom of thought, conscience and
religion. Pre-trial detention procedures also continued
and detainees were denied many fundamental legal rights
including the right to fair trial, to legal representation
and to appeal. It is the responsibility of the Chinese
government to ensure that all people are protected from
such unjust procedures.
[Contents]
Political prisoners and prisoners of conscience are those
detained on account of their religious, political and
ethnic views. As of December 1998, 1083 known Tibetans
remain incarcerated on these grounds. Of these, 246 are
women and 12 are juveniles. An additional 93 prisoners,
now of adult age, were juvenile at the time of arrest
and remain in custody. There are currently 61 political
prisoners known to be serving sentences of ten years or
more.
These prisoners, arrested for simply exercising their
rights, lose many other rights once imprisoned. They are
often subjected to physical and mental torture and held
in incommunicado detention in prisons whose standards fall
well below international guidelines.
Various international campaigns have been launched in
1998 by non-government organisations urging the Chinese
government to release political prisoners and prisoners
of conscience. Campaigns have been undertaken on behalf of
Tanak Jigme Sangpo (72), longest serving Tibetan political
prisoner; Gedhun Choekyi Nyima (9), the 11th Panchen Lama
as recognised by the Dalai Lama; Ngawang Sangdrol (22),
longest serving female political prisoner; and other
long-term prisoners of conscience: Ngawang Sungrab (27),
Ngawang Jungney (28), Gyaltsen Choephel (27), Lodroe Gyatso
(39), and Phuntsok Nyidron (30).
Despite strong international pressure, the Chinese
government is yet to accede to these requests and has
shown no relaxation in their policies.
New Political Prisoners Placed in Detention in 1998
Ama Lhundrup Wangmo,
originally from Phenpo Lhundrup County, was arrested by the
Lhasa Public Security Bureau (PSB) on August 20, 1998 after
raiding her house. Her whereabouts since her arrest are not
known. She had visited India twice and was also involved
in visiting the political prisoners. She was previously
arrested twice by PSB officials, once in 1987 and again
in 1993.
Gyalchoe,
a monk from Padha Monastery in Pashoe County was arrested
when he refused to attend "re-education" sessions in
January 1998. The "work-team" officials found a Tibetan
National Flag and was arrested and taken to Pashoe County
Prison. His sentence is unknown.
Jamyang Tsultim
a 29 year-old from Hualong County, Tsoshar (Chinese
Haidong), "TAP", Qinghai Province was re-arrested on May
30, 1998. He was previously arrested once in 1995 and
twice in 1996 on suspicion of involvement in subversive
political activities. The reason for his arrest in 1998
is not known. He was held for more than a month in various
detention centres before being released on bail of 10,000
yuan (US$ 1250).
Jampa Tenzin and Ngawang Tsultrim
are both monks of Rongpo Rabten Monastery in Sog
County in Nagchu Region. They were arrested by the
"work team" officials on February 26, 1998. Jampa
opposed the "re-education" policy. Ngawang had earlier
distributed audio and printed copies of speeches of the
Dalai Lama. His room was ransacked and some documents
advocating independence of Tibet were found. Jampa and
Ngawang were both taken to Sog County Prison on August 5,
1998. Their sentence was announced in the monastery on
September 23, 1998. Jampa was sentenced to two years and
Ngawang Tsultrim was sentenced to one year. According to
an unofficial source they are being held in Toelung County
Prison.
Lobsang Sherab (33), Lopel (25), Palkho (25), Tingzin (34),
Tenzin (25) and Palden (29)
are monks from Kirti Monastery in Ngaba County. They were arrested
in November 1998 for pasting independence posters inside
the monastery and arguing with the "work team" members. The
details of their conditions are not known.
Ngawang Kyonmey
was arrested on the September 18, 1998 in connection with
preparing letters to be handed over to Mary Robinson,
the UN High Commissioner for Human Rights, while she was
in Tibet. The police found 100 small pictures of the Dalai
Lama, one Tibetan National Flag and some speeches of the
Dalai Lama recorded on audio cassettes in his house. It
is reported that he was sent to Gutsa Detention Centre
but at present his whereabouts are not known.
Ngawang Tenrab,
a monk from Drepung Monastery was re-arrested in May 1998
along with Samdrup, also a monk of the same monastery. He
was released after a month's detention. He was first
arrested in 1989 while taking part in a demonstration.
Norsang, Chupar, Phagchog, Tsundue Tharchin
and Gyaltsen Choephel
were arrested in March 1998 from Karchung Retreat in
Nagchu Region. Norsang was arrested on charges of helping
his teacher Drupa Tharchin flee Tibet. He was sentenced
to three years imprisonment and taken to Drapchi Prison.
Gyaltsen Choephel and Phagchug were released after seven
days of detention. The whereabouts of Chupar, Tsuendue
Tharchin and Gyaltsen are not known.
Samdrup,
a 28 year-old former monk of Drepung Monastery is from
Phenpo County. He was first arrested for his participation
in a peaceful demonstration on May 13, 1992 with a group
of 12 other monks from the same monastery. In September
1992 their sentences were passed by the Intermediate
People's Court, ranging from two to eight years. Samdrup
was sentenced to two years and moved to Drapchi prison. In
May 1998 he was re-arrested on suspicion of political
activities. He is currently held in Seitru Detention
Centre. So far his sentence has not been passed and his
visitation rights have been denied.
Sonam Wangdu,
a 33 year-old was arrested in June 1998 when he was
crossing the Tibet-Nepal border. He was detained overnight
in a Nepalese police station and was not given any food,
instead he was beaten. The next day he was handed over to
the Chinese Police. From there he was detained in Shigatse
Detention Centre for five days. He managed to escape the
Detention Centre but was re-arrested when attempting to
cross the border again with a group of 56 people.
Tenpa Rabgyal,
a 27 year-old monk from Tashi-Ge Kun-Phel Monastery, was
arrested in mid-March 1998 by the local Public Security
Bureau. He was arrested for giving prayer notes reading
"Long Live His Holiness the Dalai Lama" to a friend. He was
detained for six months and released in September 1998.
Tenzin Lobsang (25), Gyaltsen Tsultrim (18), Tenzin Tsultrim (17)
and Gendhun Tharchin (25)
are all monks from Rongpo Rabten Monastery. In December
1997 they had written freedom slogans on the back of
the township office's vehicle. In February 1998 the
PSB announced the arrival of the "work team" to the
monastery. Fearing arrest, they planned to flee on February
12, 1998. Their plan to escape was reported to the County
PSB. The four monks were caught on their way to Gyamo
Ngulchu (name of river in Sog County) and were detained in
Sog County Prison before taken to Nagchu Region Detention
Centre. The details of their sentence were announced by
the "work team" on September 23, 1998 in the monastery. At
present they are being held in Sog County Prison.
Wotse,
a 30 year-old businessman from Ngaba County in Sichuan
Province was arrested from his residence on the suspicion
of subversive political activity in October 1998. At
present he is detained in Ngaba County Prison.
Cases of Long Serving Political Prisoners Still in Detention
Tanak Jigme Sangpo
is a 72 year-old former primary school teacher in Lhasa. He
is the longest serving political prisoner in Tibet.
By the time he is released, in 2011, at the age of 85,
Tanak Jigme Sangpo will have spent 28 unbroken years
in prison with a cumulative total of 44 years. He was
first arrested in 1960 on the charges of "corrupting the
minds of children with reactionary ideas" In 1964 he was
sentenced to three years imprisonment in Sangyip prison
after opposing Chinese repression of Tibetans, and was
then sent to "reform-through-labour" Camp in Lhasa. In
1970 he was sentenced to ten years hard labour in Sangyip
prison on charges of inciting his niece to escape to India
in order to report Chinese atrocities to the Dalai Lama.
He was released in 1979 from the prison and transferred
to "reform-through-labour" Unit 1 in Nyethang, 60 km west
of Lhasa.
In November 1983, at the aged 57, Tanak Jigme
Sangpo was sentenced to 15 years imprisonment for
"counter-revolutionary propaganda and incitement." He
was arrested for pasting a poster in protest of Chinese
rule on the gate of Tsuglakhang Temple in Lhasa, and
for wearing a white banner over his body to symbolise
the ultimate realisation of Tibetan people's freedom
and independence. In 1988 Tanak received an additional
five-year prison sentence for shouting pro-independence
slogans in jail. In December 1991 he was reported to
have been beaten for shouting slogans during a visit
to Drapchi Prison by Swiss government officials and to
have been subsequently held in solitary confinement for
at least six weeks. His sentence was again increased,
this time by a further eight years. He remains in Drapchi
Prison. Tanak Jigme Sangpo had spent at least 13 years
in prison for similar offences before 1980. There are
concerns for his safety because he might have taken part
in the May Drapchi incident. At present he is suffering
from hypertension. Amnesty International has launched an
urgent appeal for his release.
Ngawang Choephel,
a 32 year-old Tibetan musician, was reported missing
in August 1995, a month after he travelled to Tibet
from India to research traditional Tibetan music. After
more than a year, the Chinese government admitted to his
detention. He was subsequently sentenced on December 26,
1996 to 18 years imprisonment and four years subsequent
deprivation of political rights, on charges of "spying"
for the Tibetan government-in-exile. In November 1998 it
was reported that Choephel was transferred to the remote
and high security Powo Tramo Prison in Tramo County.
Sonam Dekyi,
Ngawang Choephel's mother, has been campaigning for her
son's release since his arrest, and also for the right
to visit him in prison. The Chinese government is yet to
respond to her humanitarian appeals.
Ngawang Sangdrol
(commonly known as Rigchog) from Garu Nunnery, is the
longest serving female political prisoner in Tibet serving
a total of 18 years sentence. She was born in 1977 in
Lhasa. Ngawang was first arrested in 1987 when she was
just ten years old for participating in a demonstration
and was detained for 15 days. On August 28, 1990 at the age
of 13, she participated in demonstration along with other
nuns in Norbulingkha. She was considered too young to be
tried but was detained without charge for nine months and
forbidden to rejoin her nunnery after her release.
On June 17, 1992 Ngawang was again arrested for attempting
to stage a demonstration in Lhasa along with other Garu
nuns and some monks from Gaden Monastery. This time she
was sentenced to three years imprisonment "for subversive
and separatist activities." While in Drapchi Prison,
Ngawang was involved in the recording of independence
songs and poems on a tape recorder and her sentence was
extended by six years in October 8, 1993 for "spreading
counterrevolutionary propaganda."
In March 1996, Ngawang protested against the "re-education"
campaign regarding the Panchen Lama reincarnation. Her
sentence was extended by a further nine years in July
1996, bringing her total current sentence to 18 years. At
present she is the longest serving known female political
prisoner in Tibet. Tibet Information Network acknowledges
her participation in the Drapchi protests. According to
reliable source, she is being kept in solitary confinement
in Drapchi Prison and subjected to harsh interrogation
involving ill treatment and beatings. An urgent action
appeal was launched in 1998 by Amnesty International
and the Body Shop for her immediate release. Her father
Namgyal Tashi aged 67 years old is currently serving an
eight-year prison term for distributing Tibetan National
Flag and leaflets.
Lobsang Tenzin,
a 32 year-old former student of Tibet University, was
arrested on March 19, 1988 and accused of being involved
in the death of a People's Armed Police officer during the
demonstrations on March 5. Lobsang was sentenced to life
imprisonment but this has since been reduced to 18 years.
Since his incarceration in 1988 he has been granted only
four visits, all of which took place before 1990. He is
currently detained in Powo Tramo Prison.
Lodroe Gyatso,
aged 39 years, was a dance artist and three times weight
lifting champion in Sog County, Nagchu Region, "TAR." In
April 1994 Lodroe was sentenced to 15 years after a fight
between himself and a Tibetan known to be pro-Chinese
which resulted in the other man's death. While in prison,
Lodroe staged a one-man demonstration calling for Tibet's
independence and distributing pamphlets and posters. He
was taken to a torture cell where he was kicked and beaten
when he refused to confess. News of the execution order
against Lodroe was smuggled out by other prisoners and
consequently, the UN Special Rapporteur on Extrajudicial
Summary or Arbitrary Executions made a special appeal to
China on May 18, 1995. The Chinese response was that no
execution sentence has been passed rather that Lodroe's
sentence was extended to an additional six years from May
3, 1995 and stripped of his political rights for three
years bringing his total sentence to 21 years. Amnesty
International has launched an urgent action appeal for
his immediate release on July 28, 1998.
Ngawang Phulchung,
a monk aged 38 or 39 from Drepung Monastery, was
sentenced at a public rally on November 30, 1989 to
19 years imprisonment. He was accused of forming a
"counter-revolutionary group" which had clandestinely
produced political leaflets from Drepung Monastery. Ngawang
Phulchung was arrested in April 1989 along with three
other Drepung monks. Among the "reactionary literature"
published by the group was a complete Tibetan translation
of the United Nations Universal Declaration of Human
Rights. On March 30, 1991 he was severely beaten and
placed in solitary confinement for trying to hand over
a petition regarding prison conditions to an American
delegation visiting Drapchi Prison.
Rinzin Wangyal
(alias Rinwang) is a 57 year-old former cement factory
worker. He was first arrested in 1966 or 1967 for
allegedly organising an underground movement. He was
imprisoned in Drapchi Prison where he was regularly
tortured and interrogated by the prison authorities. He
was released from Drapchi in 1982 or 1983. Rinzin was
re-arrested in August 1995, suspected of being involved in
a movement aimed at disrupting anniversary celebrations
of the founding of "Tibet Autonomous Region," which was
to be held on September 1, 1995. Rinzin was reportedly
sentenced on December 13, 1996 to 16 years imprisonment.
According to reports received in October 1997, Rinzin's
imprisonment has been extended to life imprisonment by
order of the Intermediate People's Court. The reason
for the extension of his imprisonment is not known. He is
currently being held in Drapchi Prison. His wife Sonam,
who is critically ill, has made repeated appeals to see
her husband in prison fearing that she may die before
seeing him. Her pleas have been ignored.
Bhagdro, Jampa Tenkyong and Po Lhoy,
from Gaden Monastery were arrested on May 7, 1996 during
the demonstration in their monastery. They have been
sentenced to 15 years imprisonment for participating in
the demonstration.
Chime Dorjee,
a 31 year-old monk of Serwa Monastery, was arrested on
March 29, 1994. He was sentenced to 16 years imprisonment
with deprivation of political rights for a further five
years.
Dramdul
a 28 year-old ex-soldier from Lhasa Town 2, was arrested on
March 12, 1989 and sentenced to 16 years. He is presently
in Drapchi Prison.
Gyaltsen Choephel,
a 27 year-old Drepung Monk, was arrested for participating
in a demonstration. He was reportedly tortured severely by
prison officials during the first days of his arrest. One
source reported that he is currently being held in
"TAR" Military Hospital. He was serving a sentence of
15 years for his involvement in the demonstration on
March 5, 1988 and alleged involvement in the death of a
policeman. Amnesty International launched an urgent action
appeal in 1998 for his immediate release.
Gyaltsen Dolkar
(lay name: Dawa) is a 28 year-old nun from Garu Nunnery. She was
arrested on August 21, 1990 for calling slogans of "Free
Tibet" and "Chinese Quit Tibet" during the opera festival
in Norbulingka Palace, Lhasa, along with 12 other nuns from
the same nunnery. Gyaltsen was sentenced to four years
imprisonment with one year's deprivation of political
rights. While serving her sentence, she and 13 other
nuns recorded pro-independence songs and messages to
their families on a tape recorder smuggled into Drapchi
Prison. As a result she was charged with "spreading
counter-revolutionary propaganda" and was sentenced to
an additional eight years. Gyaltsen Dolker is presently
serving a total of 12 years imprisonment in Drapchi
prison.
Jampa Tashi,
a 27 year-old Serwa monk from Gyabdo village, was
arrested on March 29, 1994. He was sentenced to 12 years
imprisonment with deprivation of political rights for a
further four years.
Jampel Jangchub
a 37 year-old monk from Drepung Monastery, was arrested
on April 16, 1989 and was tried at a mass public meeting
in Lhasa on November 30, 1989. He was charged with
"counter-revolutionary" advocacy of Tibetan independence,
and was sentenced to 19 years imprisonment with five years
deprivation of political rights. He is presently detained
in Drapchi Prison.
Jampel Lobsang
(also known as Jampel Losel), aged 32 from Taktse County,
Lhasa City, was arrested in March 1989 and sentenced to 10
years with three years subsequent deprivation of political
rights.
Jigme Gyatso
aged 30s, was a businessman and also a former monk of
Labdrang Monastery in Kainlho "TAP," Gansu Province. Jigme
was arrested in 1987 for political reasons and sentenced
to life imprisonment in 1988. He is presently held in
Drapchi Prison.
Jigme Yangchen
aged 29 years from Lhoka Prefecture, was a nun at
Shugseb Nunnery. At present she is serving a 12-year
prison term in Drapchi Prison. She was first arrested
for participating with 14 other Shugseb nuns in a
pro-independence demonstration in the Barkhor on August
28, 1990 and was sentenced to seven years. Jigme was also
involved in the recording of songs and poems on a tape
recorder smuggled into Drapchi Prison. As a result, her
sentence was extended by a further five years on October
8, 1993 bringing her prison term to a current total of 12
years.
Kunchok Dhondup, Kyi Truk Pa, Lobsang Dawa,
Passang Tsegyay, Penpa and Yonten Gyalpo,
all from Gaden Monastery were sentenced to 12 years
imprisonment. They were imprisoned for participating
demonstration in Gaden Monastery
in May 1996.
Kunchok Lodroe,
a 28 year-old farmer from Dashar village under Meldro
Gongkar County, Lhasa City, was arrested on June 30, 1992
and sentenced on October 20, 1992, to 13 years imprisonment
with four years deprivation of political rights. He is
presently serving his term in Drapchi Prison.
Lhundrup Dorjee,
a 28 year-old farmer from Meldro Gongkar County, Lhasa
City, was arrested on June 30, 1992. He was sentenced on
October 20, 1992 to 15 years imprisonment with four years
deprivation of political rights. The reason for his arrest
is not known.
Lobsang Gelek
is a 27 year-old Sera monk from Lhatse in Shigatse
Prefecture. He was arrested on November 17, 1989 and
sentenced in 1990 to 12 years prison. He is presently in
Drapchi Prison.
Lobsang Palden
(lay name: Gyalthar or Gyaltsen Tharchin), aged 37 from
Chamdo Pashoe County, Chamdo Region, "TAR," was sentenced
to 10 years in 1991 on charges of "reactionary behaviour."
He is presently serving his term in Powo Tramo Prison in
Nyingtri Region.
Lobsang Palden,
a 27 year-old monk from Serwa village,
Chamdo Region, "TAR" was arrested on March 29, 1994. He
was sentenced to 12 years imprisonment with deprivation
of political rights for a further four years.
Lobsang Tsegyal
(lay name Lobsang Dhargye), is a 31 year-old monk of
Serwa Monastery, Chamdo Region "TAR". He was arrested on
March 29, 1994 and sentenced to 16 years imprisonment with
deprivation of political rights for a further five years.
Lobsang Wangchuk, Tsering Bhagdro and Ta Sang,
all from Gaden Monastery, were arrested in connection with
the Gaden demonstration of May 1996. They were arrested on
May 7, 1996 and they have all been sentenced to 10 years.
Loye,
a monk at the Potala Palace, was sentenced in December
1989 to 15 years imprisonment and five years deprivation
of political rights for alleged involvement in "espionage"
and "counter-revolutionary" propaganda. He was accused
of having collected intelligence "from the enemy abroad."
Namdrol Lhamo,
a 31 year-old nun of Chubsang Nunnery, was arrested on
May 12, 1992 and sentenced to 12 years. She is presently
in Drapchi Prison.
Ngawang Sungrab,
a 27 year-old Drepung monk from Phenpo, is serving
10 years for his participation in a demonstration in
1989. He participated in the Drapchi protest in May 1998
and was seriously beaten following the incident, requiring
hospitalisation. An urgent action appeal for his release
was launched by Amnesty International in 1998.
Ngawang Jamtsul
(lay name: Loyak), a 39 year-old former caretaker-monk
at the Potala Palace, Lhasa, was arrested on March 10,
1989. He was sentenced at a mass rally on December 6, 1989,
to 15 years imprisonment with five years deprivation of
political rights. He is presently in Drapchi Prison.
Ngawang Choephel,
a 34 year-old monk, from Ghemo Monastery in Lithang
County in Karze "TAP," was arrested on August 20, 1993 and
sentenced in 1996 to 10 years. Unconfirmed reports say he
is detained in Lithang County Prison in Karze "TAP".
Ngawang Choezom
is a 26 year-old nun from Chubsang Nunnery. She was
arrested on March 21, 1992 and sentenced to 11 years and is
presently in Drapchi Prison. She participated in the May
Drapchi incident and following that she has been held in
solitary confinement and subjected to harsh interrogation.
Amnesty International has launched an appeal for her
immediate release.
Ngawang Gyaltsen
(lay name: Nga-Gyan) is a 40 year-old Drepung Monastery
monk originally from Toelung Dechen County, Lhasa City. He
was arrested on April 16, 1989 and sentenced to 17
years with five years subsequent deprivation of political
rights. Ngawang Gyaltsen is presently serving his sentence
in Drapchi Prison.
Ngawang Lochoe
is a 27 year-old nun from Nyengoen Nunnery who was arrested
on May 4, 1992 and sentenced to 10 years. She is currently
in Drapchi Prison.
Ngawang Pekar,
a 36 year-old monk from Drepung Monastery, was halfway
through an eight year sentence when his prison term
was extended by six years on March 31, 1996. In August
1995, while in Drapchi Prison, Ngawang Pekar was caught
trying to smuggle out a list of political prisoners and a
document describing human rights violations. Ngawang Pekar,
who was first arrested on July 12, 1989 for putting up
independence posters and participating in a demonstration,
is now serving a total of 14 years in prison.
Ngawang Tensang,
a 29 year-old monk from Drepung Monastery, Lhasa,
was arrested on September 14, 1991 and sentenced to 10
years. He is presently in Drapchi Prison.
Ngawang Tsamdrol,
a 25 year-old nun from Nyengon Nunnery, was arrested on
May 14, 1992 and sentenced to 13 years. She is presently
in Drapchi Prison.
Ngawang Woeser
(lay name: Jamyang), aged 26 from Lhokha Dranang, was
arrested on 16 April 1989 and sentenced to 17 years
imprisonment with five years deprivation of political
rights. He was accused of being the "main culprit" in
organising a "counter-revolutionary clique" and spreading
propaganda.
Ngodrup
(also known as Ngodrup Phuntsog and Ngophun) is a 40
year-old former member of the Chinese People's Political
Consultative Conference (CPPCC) from Lhasa. He was arrested
in March 1989 and sentenced to 11 years with four years
subsequent deprivation of political rights.
Pasang,
a 20 year-old monk from Jang Ta-Lung Monastery,
was arrested with three other monks from the same
monastery. They were detained for five or six months in
Gutsa Detention Centre where they were tortured by having
cold water thrown on them in winter and shocked with
electric batons. They were then transferred to Drapchi
Prison after their sentences were passed. Except for
Pasang who was sentenced to 11 years, the others' sentences
are unknown. They are currently being held in Drapchi.
Pema Tsering,
a 27 year-old Serwa monk from Pashoe County, Chamdo Region,
was arrested on March 29, 1994. He was sentenced to 16
years imprisonment with deprivation of political rights
for a further five years.
Phuntsok Nyidron
is a 30 year-old nun from Michungri Nunnery. She is
currently held in Drapchi prison and serving a sentence of
17 years. She was first arrested on October 14, 1989 for
leading a demonstration in Lhasa's Barkhor area calling an
end to Chinese occupation in Tibet. In an article published
in the Tibet Daily, Phuntsok Nyidron was described as
"the ringleader". She was taken to a court and given a
sentence of nine years. Phuntsok Nyidron was also involved
in the recording of songs and poems whilst imprisoned.
Her sentence was extended by eight years. Phuntsok Nyidron
was named as a recipient of the Reebok Human Rights Award
for the year 1995.
Rinzin Choekyi
is a 26 year-old nun of Shugseb Nunnery. She was arrested
on August 28, 1990, and sentenced to 12 years. She is
detained in Drapchi Prison.
Sholpa Dawa,
a 58 year-old tailor in Lhasa, was sentenced to nine years
imprisonment in October or November 1996, after almost 14
months of detention without charge. He had been arrested
in Lhasa in early August 1995 for engaging in "political
activities." Sholpa Dawa was first arrested on September
29, 1981 and was sentenced to two years' imprisonment and
one year deprivation of political rights for allegedly
distributing pamphlets on the independence of Tibet. He
spent six months in Gutsa Detention Centre and one and a
half years in Sangyip Prison. On November 8, 1985 he was
arrested for the second time for distributing pamphlets
about the deteriorating living conditions for Tibetans
and was sentenced to four years in Sangyip Prison and one
year deprivation of political rights. By the time he is
released, Sholpa Dawa will have spent a total of 16 years
in prison for expressing his views.
Sonam Dhondup,
aged 25 years, comes from Phenpo Khatse in Phenpo Lhundrup
County. Sonam was a monk in Nalenda Monastery and was
arrested when a booklet on Tibet and a Tibetan National
Flag were found in his room. At present he is serving a
12-year sentence in Gutsa Detention Centre.
Sonam Rinchen
is a 28 year-old farmer from Dashar village in Meldro
Gongkar County, Lhasa City. He was arrested on June 30,
1992 and sentenced on October 20, 1992 to 13 years with
four years subsequent deprivation of political rights and
is presently in Drapchi Prison.
Tendar Phuntsog
a 67 year-old caretaker-monk from the Potala Palace, Lhasa,
was arrested on March 8, 1989 and sentenced to 10 years. He
is presently in Drapchi Prison.
Tenpa Wangdrak
(lay name: Sonam), a 53 year-old former monk of Gaden
Monastery, was sentenced to 14 years imprisonment in 1991
for attempting, while in Drapchi prison, to hand over a
petition regarding prison conditions to James Lilley, then
U.S. Ambassador to China. Tenpa Wangdrak had been arrested
on March 7, 1988 for participating in a demonstration. On
April 28, 1991 he was moved to the labour camp in Powo
Tramo County in Nyintri Region and was held in Dhamchu,
a unit within the prison complex.
Tenzin Thupten
(lay name: Dawa Yangchen), aged 28, is from Meldro Gongkar
in Lhasa City. Tenzin, a nun from Michungri Nunnery,
was arrested for participating in a short demonstration
during the Shoton festival (Tibetan opera festival)
along with eight nuns from Michungri Nunnery and five from
Garu Nunnery. Tenzin was taken to Gutsa Detention Centre
and sentenced to five years by the Lhasa City People's
Intermediate Court before being transferred to Drapchi
Prison. She had also participated in the recording of songs
and poems on a smuggled tape. Her sentence was increased
by nine years making her total sentence 14 years.
Tsering Ngodrup
57 years old was sentenced to 12 years imprisonment on
accusations of being a spy for the Dalai Lama and making
"counter-revolutionary" propaganda.
Tsering Phuntsog
is a 31 year-old monk from Palkor Choede Monastery. He was
arrested in August 1990 and sentenced to 13 years and is
presently in Drapchi Prison.
[Contents]
Since the People's Republic of China (PRC) became a
State Party to the United Nations Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment (CAT) in 1988, it has been under a legal
obligation to outlaw torture in Tibet. Yet a decade after
the ratification of the Convention, testimonies from
former Tibetan political prisoners show that torture is
still prevalent in Tibet. The majority of the political
prisoners currently in detainment have undergone torture
at some stage of their detention.
In 1998 TCHRD received 19 accounts of death resulting from
torture while in detainment in Tibet. Eleven of the deaths
occurred after the demonstrations in Drapchi Prison on
May 1 and 4, 1998 when prison guards opened fire on the
protesting prisoners.
To date, TCHRD has a record of 60 Tibetan deaths from
torture while in detention since 1986. This figure is based
on confirmed reports from Tibetan refugees and information
obtained from Tibet. The actual figure is believed to be
higher.
International Law
Article 1 of the United Nations Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment defines torture as:
... any act by which severe pain or suffering, whether
physical or mental, is intentionally inflicted on a person
for such purposes as obtaining from him or a third person
information or a confession, punishing ... or intimidating
or coercing ... or for any reason based on discrimination
of any kind, when such pain or suffering is inflicted by or
at the instigation of or with the consent or acquiescence
of a public official or the person acting in an official
capacity.
On October 4, 1988 the People's Republic of China
became legally bound to CAT when it ratified the
Convention. Article 2 of the Convention stipulates that
States Parties must:
... take effective legislative, administrative, judicial or
other measures to prevent acts of torture in any territory
under its jurisdiction.
China must also ensure that torture is an offence under its
own domestic law. However, ten years after the signing of
the Convention, the Committee Against Torture found China
to be in breach of the Convention, stating that China had
failed to introduce any domestic laws in compliance with
their international obligations.
China's Criminal Procedure Law
The Criminal Procedure Law of China (CPL) which was first
promulgated in 1979 and amended in March 1996, is the
PRC's main statute containing provisions regarding the
outlaw of torture.
Article 43 of the revised CPL states under "evidence
gathering" that:
The use of torture to coerce statements and the gathering
of evidence by threats, enticement, deceit or other
unlawful methods are strictly prohibited.
The Lawyers Committee for Human Rights, an international
body which analysed China's revised CPL acknowledged that
there is "a clear failure to bring China into compliance
with the Torture Convention and make the exclusion of
illegally-gathered evidence a basic principle of the
Chinese criminal process."
Personal accounts of political prisoners confirm that
prison officials continue to torture until confession is
obtained or until a sentenced is passed. "Leniency for
those who confess and severity for those who resist" is
a standard procedure of the PRC while interrogating a
prisoner.
Article 18 under Chapter II of the revised CPL states that:
Cases involving ... [the] violation of the personal and
democratic rights of citizens committed by power-abusing
state organ functionaries, such as illegal detention,
the act of extorting a confession by torture, retaliation
and framing and illegal searches, are to be filed for
investigation by the people's procuratorates.
The Chinese government evades this obligation by filing
statistics and information on cases of torture in a "Highly
Secret" category, and "evidence involving state secrets
[is] kept secret." It is likely then that China does
not reveal cases of torture to the Committee Against
Torture which is its obligation as a State Party under
the Convention.
Torture Resulting in Death
-
Jampel Thinley,
aged 28, a monk of Chamdo Monastery in the "TAR," was
arrested around April 1997. He was charged with pasting
"counter-revolutionary" posters on the outer wall of the
monastery. He was reportedly tortured in detention and
was only admitted to Chamdo People's Hospital when he was
close to death. When a doctor said he was likely to die,
he was denied any treatment. He was reportedly denied food
and water for nine days when he was severely tortured. Four
hours after being removed from the prison, he died. His
body was returned to the monastery by authorities without
any explanation for his death. At the sky burial monks saw
that his body had turned red and blue both inside and out.
-
Ngawang Dekyi,
a 25 year-old nun of Poto Nunnery in Phenpo Lhundrup, was
arrested in 1995 after participating in a demonstration
in Lhasa. First detained in Gutsa Detention Centre, she
was later sentenced to six years imprisonment at Drapchi
Prison. Ngawang, was reportedly near death when she was
taken to Lhasa "Regional Military Hospital" by prison
authorities on January 5, 1998. She died on January 21,
1998 after being hospitalised for 16 days. A Tibetan
source who visited Ngawang every month in prison reported
that her weak condition was a result of beatings by prison
guards.
The source said that Ngawang's body was kept at Drapchi
Prison until January 23, 1998. During that time nobody,
including her parents, was allowed to approach the body to
carry out the customary Tibetan death rites. On January
23, 1998 the sky burial (a traditional Tibetan burial) was
carried out near Sera Monastery and the source was called
to be present, accompanied by a prison official. During
the sky burial he was not allowed to go near the body
but saw Ngawang's head had turned red and blue. He was
later told by the topdhen (person who performs the burial)
that "from the injury marks it looks like the deceased
had received severe beatings and as a result blood had
entered the circulatory veins of the brain, turning it red
and blue. The red and blue colours on the shoulder blades
also indicated beatings."
-
Pasang
was a monk arrested on December 8, 1994 for holding
a short solo demonstration in the Barkhor area in
Lhasa, criticising the Chinese regime and calling for
independence. He was sentenced to five years in Drapchi
Prison. Soon after being taken to Drapchi, Pasang required
medical treatment after beatings. His condition was so
serious that he was permitted to visit a hospital outside
the grounds during the day, on the condition that he return
to the prison every evening. Prevented from receiving
continuous treatment, Pasang's health deteriorated. He died
on December 17, 1997 in the "TAR" Chide (Public Welfare)
Hospital. He was from Dechen Sangnak Monastery.
-
Rinzin,
a 61 year-old man, was imprisoned in August or September
1996 for possessing a photograph of the Dalai Lama on his
altar. Photographs of the Dalai Lama were banned earlier
that year by the Chinese government. After defying the
Chinese officials who discovered the photograph, he was
detained for one month in the town prison and refused
visitation rights. Rinzin was sentenced to three years
imprisonment, although a source said that no formal trial
took place. He was transferred to Ngari Prison where he
was reported as looking “very weak and [suffering from]
malnutrition.” He is believed to have been tortured in
prison and to also have developed tuberculosis. A source
stated that he was admitted to the prison hospital for a
month and sent home when his condition became too serious.
He survived only a month at home and was so sick that he
could barely speak and was completely bedridden. He died
on February 11 or 12, 1997. Rinzin was from Mugrum Trehte
Township in Lhabrang County in Ngari Region.
-
Yeshi Samten
(also known as Tenzin Yeshi) was a 22 year-old
former monk of Gaden Monastery. He was arrested on May 6,
1996 when a protest against Chinese "re-education" sessions
was held in Gaden Monastery. He was initially detained in
Gutsa Detention Centre and later sent to Trisam Prison
in Toelung County. While in prison he was reported to
have been tortured but received no medical care for his
deteriorating health. Yeshi was released on May 6, 1998 at
the end of his prison term. Still suffering from health
problems, he died six days later. At his cremation, the
person performing the funeral rites discovered that two
of Yeshi's ribs were broken. Yeshi was originally from
Tsangtog in Taktse Dechen County.
Drapchi Prison Deaths
The latest mass outbreak of violence by Chinese authorities
occurred in Drapchi Prison in May 1998. Two demonstrations,
staged within Drapchi Prison on May 1 and May 4, 1998
were quelled by People's Armed Police (PAP) and Public
Security Bureau (PSB) officials who fired shots in the air
and used bayonets, sticks, metal rods and electric cattle
prods against the prisoners. Early information received
indicated that PAP officers opened fire on approximately
150 Tibetan political prisoners. Further reports said that
500 prisoners were present during the shooting.
Confirmed reports of deaths and injuries have been
difficult to obtain since the incident. Chinese officials
went to extreme lengths to cover up any leakage of
the events; both staff and prisoners were transferred
to control the information, and visitation rights were
denied to political prisoners. For five months Chinese
officials denied that any disturbance had occurred.
On October 21, 1998 the Tibet Information Network (TIN)
reported that officials had told a delegation from the
European Democratic Union that guards had fired into the
air although they continue to deny any deaths.
The following people are believed to have died as a
result of the Chinese response to the Drapchi Prison
demonstrations. The list is a combination of our own
sources, supplemented by information from TIN.
-
Karma Dawa
(Kadar) was a non-political prisoner suspected of starting
a demonstration on May 1, 1998. He and another prisoner
began distributing pamphlets purporting to a “Free Tibet”
among the crowd of prisoners gathered for a Chinese flag
raising ceremony celebrating ‘International Labour Day.’
The ceremony was to be filmed to portray a positive image
of Drapchi to a European Union Troika delegation that was
due to visit the Prison. Reports received by TCHRD in
September 1998 confirmed that Karma was shot and killed
during the demonstration. Conflicting reports stated that
he may have been executed after the demonstration. He was
serving a 13-year sentence.
-
Khedrub
was 26 years old from Meldro Gongkar in Lhasa City. He was
arrested on March 10, 1994 on suspicion of subversive
political activities. He was serving a five year
sentence in Drapchi Prison. After participating in one
of the demonstrations (believed to have been the May 4
demonstration), he was transferred to Outridu Prison on
June 30, 1998. He died there from beatings and torture. His
body was handed over to the family although the date of
his death is unknown. His relatives were told that he
committed suicide.
-
Lobsang Choephel
(lay name: Thinley Phuntsok and referred to by TIN as
Lobsang Gelek) was a monk who was shot and killed on May
4, 1998 after participating in the demonstration. He was
serving a five-year sentence at Drapchi Prison after being
arrested on April 15, 1995 for leading a pro-independence
demonstration at the Barkhor in Lhasa, with five other
monks from his monastery. The prison officials reportedly
told Lobsang’s father that he had committed suicide. He
was 24 years old, from Damshung County in Lhasa City,
and formerly a monk at Khangmar Monastery.
-
Ngawang Tenkyong
(lay name: Lobsang Wangchuk) is believed
to have died in May 1998 after the demonstrations,
although reports received by TCHRD are currently
unconfirmed. TIN reported that the cause of death was from
severe beatings. He was arrested on May 7, 1996 after
participating in a pro-independence demonstration. It
is believed he was serving a 10 year sentence. He was 28
years old from Meldro Gongkar County and formerly a monk
of Gaden Monastery in Lhasa.
-
Ngawang Tensang
(lay name: Penpa) was a 26 year-old
monk arrested on September 14, 1991 after leading a
demonstration in the Barkhor in Lhasa, holding a Tibetan
national flag. He was sentenced to 10 years imprisonment
and four years deprivation of political rights. After
the demonstrations in Drapchi he was put in solitary
confinement and individually interrogated about the
demonstrations. He was tortured during interrogation and
it is believed he died in the interrogation cell. Formerly
a monk of Drepung Monastery in Lhasa, Ngawang was from
Toelung Dechen County, Sangmo township. His death is
currently unconfirmed.
-
Ngawang Tenzin
(lay name: Norbu Phuntsok) was arrested on
February 22, 1995 after participating in a demonstration
at the Barkhor in Lhasa. His sentence is unknown. It is
believed he died after the May 4 demonstration although
an unconfirmed report from TIN states that Ngawang died
on June 7, 1998. He was from Phenpo Lhundrup County and
a monk of Taklung Monastery.
The six nuns listed below were confirmed dead on June 7,
1998 when their bodies were given to the families. It
is reported that the nuns had been put in solitary
confinement after demonstrating on May 4 at Drapchi Prison.
Authorities said that the deaths were suicide but doubts
have been raised due to their solitary confinement at
the time of death. Reports received by TCHRD in September
confirmed that the bodies of Tashi Lhamo, Ngawang Choekyi,
Drugud Palmo and Kundon Yonten were given to the families
on June 7, 1998 although the exact date of death remains
unknown.
-
Choekyi Wangmo was a 21 year-old nun from Shar Bumpa
nunnery in Phenpo. The prison authorities allegedly claim
that Choekyi hanged herself in prison. Her death has not
been confirmed by TCHRD.
-
Drugud Palmo (lay name: Dekyi Yangzom) was a 21 year-old
nun from Nyemo County, 150 km west of Lhasa. She was
arrested in 1994 or 1995 although her sentence is
unknown. She was injured during the demonstration
and is believed as is believed to have died of her
injuries. Prison authorities claim that she had suffocated
herself by stuffing a scarf in her mouth. She was formerly
a nun at Nyemo Rangjung Choten Nunnery in Nyemo County.
-
Kundon Yonten was also from Nyemo County. Her cause of
death was also said to be from suffocation with a scarf.
-
Lobsang Wangmo (possibly two nuns by the same name)
was included among the deaths although this is currently
unconfirmed. It is possible that there were two nuns by
the same name. One was from Phenpo Nunnery and arrested
on December 10, 1994. The other Lobsang Wangmo was from
Doternenga Nunnery and arrested on February 15, 1995. Both
are believed to have died after May 4 demonstration.
-
Ngawang Choekyi was serving a five-year sentence for
demonstrating in the Barkhor in June 1994. She died during
the protests on May 1 or 4 but her body was not handed
over to her parents until June 7, 1998. She was 26 years
old from Phenpo Lhundrup County and formerly a nun of Shar
Bumpa Nunnery.
-
Tashi Lhamo (lay name: Youdon) was imprisoned in 1994 or
1995 on suspicion of subversive polirical activities. It
is believed she was serving a six-year sentence. Confirmed
reports say she was injured during the demonstration. She
was from Nyemo County, 150 km west of Lhasa. Prison
officials claimed she had suffocated herself by stuffing
a scarf in her mouth.
TCHRD received reports in September 1998 that another
nun whose name is unknown, died during one of the
demonstrations. Her body was handed over to her family on
June 7, 1998. She was from Phenpo Jhopo Nunnery in Phenpo
Lhundrup County.
Suicide
Torture includes the affliction of mental pain or
suffering. The psychological effects of extensive
interrogations and harsh incarceration conditions
have driven Tibetans accused of dissident activity to
suicide. TCHRD received one report of suicide this year.
Jampa Choden, aged 21, was a monk from Chamdo Tawa Teng. He
was badly beaten when Chinese officials interrogated him
regarding his involvement with "splittists". Jampa was
given "time to think" and was permitted to return to his
home. Around June 1997 Jampa learned that he was to be
arrested and committed suicide.
Torture and Ill Treatment of Prisoners
The following incidents of torture during detention were
recorded and confirmed by TCHRD in 1998.
-
Gyalchoe, a monk from Pa Dha Monastery in Pashoe County,
was arrested in or after January 1998 and taken to Pashoe
County Prison. He was beaten severely, his hands were
chained and he was shocked with an electric cattle prod
that was also inserted in his mouth. It is reported that
Gyalchoe has become very weak and frail and is said to be
struggling for his life in prison.
-
Gyaltsen Choephel was arrested in March 1988 on suspicion
of involvement in subversive political activity and
sentenced to 15 years imprisonment in Drapchi. He was
beaten for disagreeing with prison guards when they claimed
that those who died after the Drapchi demonstrations
had committed suicide. Last reports stated that he was
seriously injured from the beatings. He is 30 years old
and from Lhasa.
-
Kunchok Tsomo, a 25 year-old nun from the town of
Meldro Gyama, Lhasa City, was arrested in May 1993 for
taking part in a peaceful demonstration in the Barkhor,
Lhasa. During her arrest, she was hit with a rifle butt
which broke the bone of her upper right arm. For her three
year imprisonment at Drapchi Prison, Kunchok received no
medical treatment for her arm, despite her requests. The
injury was exacerbated as she was forced to clean and
separate wool during her imprisonment. On her release
in June 1996, Kunchok's relatives took her for hospital
treatment. Her flesh had grown around and inside the broken
bone. A relative said that her current condition is poor
and she still requires medication.
-
Kyaga, in his early thirties, was arrested in 1985 or 1986
for pasting a poster near Pompa Monastery and tearing down
the Chinese office signboard. He was sentenced to 11 years
imprisonment. He has now been released but suffers mental
problems as a result of torture while in prison. Chinese
officials also broke his ribs. Kyaga now resides in Pompa
village.
-
Lodroe Gyatso was sentenced to death for demonstrating
while in Drapchi Prison in March 1995. After pressure
from the international community, his death sentence was
reduced to a six year extension on his 15 year sentence.
Reports in June 1998 state that he was transferred to
Powo Tramo Prison and is currently suffering psychological
problems resulting from torture.
-
Ngawang Choezom, also a nun in Drapchi Prison, is believed
to have accompanied Ngawang Sangdrol in protesting after
the May demonstrations. She has also been subjected
to harsh interrogations, ill treatment and solitary
confinement. There is current concern for her health as
she is said to be in extremely poor physical condition.
-
Ngawang Jungney is believed to be suffering from
psychological problems after being tortured in prison. He
is currently held at Powo Tramo Prison serving a nine
year sentence. He is 28 years old and was arrested on his
return to Tibet after teaching Tibetan in Dharamsala,
India, on grounds that he was a spy for the Tibetan
government-in-exile.
-
Ngawang Lasang was arrested in 1997 while returning
to Tibet. He had previously been studying as a monk in
Sera Monastery in India. He was kept for five days in a
dark cell in an army camp in Dram, close to the Nepalese
border in Tibet. For 12 days he was given no food. When
guards found a photograph of the Dalai Lama on him, he was
ordered to step on it. When he refused, he was beaten. He
was then taken to Nyari Prison where he was held for six
weeks. In Nyari Prison, prisoners are required to salute
to the prison officers. When Ngawang failed to do so, an
officer beat him so severely on the head with his rifle
butt that Ngawang fell unconscious for half an hour. He was
not hospitalised and he now suffers from memory loss. He
has since been to Lhasa hospital where mental damage from
the beating was confirmed.
-
Ngawang Sangdrol, a nun, is said to be in a serious
condition at Drapchi Prison after being punished
for involvement in political protests within Drapchi.
TIN reported that she continued to protest a month after
the political demonstrations in May 1998 despite severe
reprisals and is now in solitary confinement. She has
already received two sentence extensions for political
involvement. She is currently serving an 18-year prison
sentence, the longest of any known female political
prisoner in Tibet.
-
Ngawang Sungrab (also known as Dawa Tsering) is 24 years
old and formerly a monk of Drepung Monastery in Lhasa. He
was arrested on September 27, 1991 with four monks from
Drepung, protesting at the Barkhor in Lhasa. He was
sentenced to 10 years imprisonment in Drapchi. Latest
reports in September said that Sungrab was badly injured
from bullet wounds during the Drapchi demonstration,
either on May 1 or 4. He is from Phenpo Lhundrup County.
-
Phuntsok Dorjee is formerly a monk from Phenpo Lhundrup
County. During the May demonstrations, he was blinded from
being hit by a bayonet. It is believed his condition is
now permanent. Details of his sentence are not known.
-
Phuntsok Thoesam, 28 years old and formerly a monk of
Drepung Monastery, was arrested on June 1, 1993 during a
demonstration in Lhasa. He is serving a seven-year sentence
in Drapchi Prison and is believed to have been beaten for
his involvement in the demonstrations at Drapchi. He is
from Phenpo Lhundrup County.
-
Tsundu, a 20 year-old student, was arrested with
six other students on May 5, 1997. The students were
arrested, handcuffed and had sacks tied over their heads.
The sack was left in place for about two hours causing
near suffocation. They were detained at the local police
station and were beaten every night by police officers,
during which they were tied up and their heads covered
with sacks.
Conclusion
Despite all evidence, the People's Republic of China
continues to deny that torture takes place in prisons in
Tibet. Testimonies show that this abuse remains widespread
and extreme. The Chinese government is yet to implement
mechanisms to ensure compliance with the provisions
of the Convention Against Torture despite ten years of
ratification.
[Contents]
China's relentless repression of religion in Tibet
continued in 1998. The "Strike Hard" campaign, first
introduced in 1996, was intensified this year. The
accompanying "patriotic re-education" program, specifically
targetting Tibetan Buddhism, was vehemently pursued in
many religious institutions with drastic results. The
program is designed to minimise dissent by controlling
the religious practices of Tibetans and forcing them to
forego any nationalistic sentiment. Tibetans are forced
to denounce His Holiness the Dalai Lama and pledge their
allegiance to the Chinese government. These suppressive
measures are a grave violation of the people's right to
freedom of expression, conscience and religion.
In 1998 TCHRD recorded the arrests of 327 arrests of monks,
nuns and lay people although the majority of these arrests
occurred in 1997. The expulsion of 7,156 monks and nuns
on account of the "patriotic re-education" campaign in
Tibet were also reported this year. This is a dramatic
increase on last year's figure which confirms that there
has been no relaxation in China's harsh measures. Since
the inception of the campaign in 1996 there have
been 9,977 expulsions and 492 arrests.
The "Strike Hard" campaign was officially extended into
the lay sector at the end of 1997 and continued throughout
1998 although it had been unofficially implemented in
some areas prior to this. Rural peasants were subjected
to "re-education" as were students and teachers at the
Tibetan Medical University in Lhasa. China appears to
be intensifying its campaign to restrict the Tibetans'
opportunities to live and develop their own culture.
International Law
Religious and cultural rights are internationally
recognised human rights. The incorporation of these
rights into international law is a recognition that the
preservation of these values is of universal concern. The
right to freedom of religion is upheld by the Universal
Declaration of Human Rights.
Article 18 of the Universal Declaration of Human Rights
(UDHR) clearly specifies that:
Everyone has the right to freedom of thought, conscience
and religion; this right includes freedom to change
his religion or belief and freedom, either alone or
in community with others and in public or private, to
manifest his religion or belief in teaching, practice,
worship and observance.
This right is similarly defined in Article 15 of the
International Covenant on Civil and Political Rights
(ICCPR). Freedom of religion is also protected as a right
of minority groups under Article 27 of the ICCPR, which
states:
In those States in which ethnic, religious or linguistic
minorities exist, persons belonging to such minorities
shall not be denied the right, in community with the
other members of their group, to enjoy their culture, to
profess and practice their own religion, or to use their
own language.
In its 1998 White Paper on Human Rights in Tibet China states that:
The Chinese Constitution stipulates that freedom of
religious belief is one of the fundamental rights of
citizens. Chinese government respects and protects its
citizens' right to freedom of religious belief.
China regularly claims that the Tibetan people enjoy
religious freedom. Their law also stipulates that
officials who deprive citizens of religious freedom are
subject to up to two years imprisonment. However, till
date no officials have been charged for this crime despite
massive violation of religious freedom. On the contrary,
the Chinese government itself maintains policies and
programs to suppress religious freedom of the Tibetan
people.
Official Campaign for Religious Persecution
In 1996 the Chinese government introduced the "Strike Hard"
campaign with a general aim of reducing national crime
and corruption rates. In Tibet, the focus of the campaign
has been the "patriotic re-education" of the Tibetans, a
project designed to eliminate dissent by suppressing any
Tibetan nationalistic sentiment, particularly targetting
religious institutions. Ad hoc government "work teams"
are being sent to monasteries and nunneries to forcibly
"re-educate" monks and nuns in their political and
religious beliefs. Monks and nuns are encouraged to assume
Chinese "socialist" ideals in preference to traditional
Tibetan Buddhist teachings. Hundreds of religious
people have been expelled or arrested for resisting this
"re-education."
The deaths of 14 monks as a direct result of the "patriotic
re-education" campaigns were reported in 1997. The causes
of deaths were said to be severe pressure from the "work
team" officials and torture in detention.
Intensive seasonal campaigns were reported in some parts of
Tibet. On December 26, 1997 a comprehensive Winter "Strike
Hard" campaign was launched in Nagchu Region. Spring,
Summer and Winter programmes were implemented in Lhasa City
and a Summer campaign was organised in Shigatse. There is
no sign of a relaxation in this policy.
Officials of the Public Security Bureau were honoured
for successfully carrying out the "Strike Hard" campaign
in Tibet's various religious institutions. According to
a "TAR" Radio Broadcast, an award ceremony was held on
January 6, 1998 in the Haitang Hall, Lhasa where 71 out of
800 officials were awarded for their "exemplary service"
in carrying out the campaign.
Arrests of Monks and Nuns
In 1998, 327 monks, nuns and lay people were reportedly
arrested in connection with the "patriotic re-education"
campaign. 55 cases of arrest were reported in 1997 and 110
in 1996, making a total of 492 arrests from the start of
the campaign. The arrests were made for such activities as
pasting wall posters in and around the monasteries, failing
to comply with the principles laid down by the "work team,"
protesting against officials, possessing a picture of the
Dalai Lama, opposing the Chinese-appointed Panchen Lama
and refusing to sign the political pledge of allegiance to
China. The arrested persons stand charged by the Chinese
government for "endangering national security."
"Patrioutic Re-education" in Lay Community
On November 19, 1997 Pema Dragpa, President of the Regional
Higher People's Court, and Nyima Tsering, the new Deputy
Chairman of the "TAR" announced the extension of the
"re-education" campaign to the whole society . Although
it only became an official element of the "Strike Hard"
policy on this date, the campaign in the lay community had
been implemented in various areas since the introduction
of the campaign in 1996. By 28 November, 1997 in Lhuntse
county, Lhoka prefecture, "54,597 peasants had participated
with 4,466 written statements of criticism of the 'Dalai's
rule and suppression in old Tibet'. All the temples in the
county had held 111 meetings attended by 1,038 monks and
nuns, and 192 monks and nuns in monasteries had written
639 articles to criticise [the] Dalai [Lama]."
Following the announcement, pilot projects for the
"patriotic re-education" of lay people were launched
in Gongkar County and in Lhuntse County, also in
Lhoka Region. The pilot project was aimed to study how
successfully the "patriotic re-education" campaign could
be implemented in the lay community. Lhasa's Medical
University has also been targetted and it is expected that
the implementation of the campaign in the lay sector will
continue.
Total Control over Religious Activity
Chinese "work teams" continue to exercise control
over all religious activities in monasteries and
nunneries. "Patriotic re-education" sessions have been
routinely conducted since the project's inception. In the
first half of 1998 "work teams" were still conducting such
sessions in some religious institutions. In addition,
many monasteries and nunneries previously covered in
the campaign reported that "work teams" made re-visits
in 1998 to ensure that the "re-education" policies were
still being followed.
The latest testimonies from Tibetan monks and nuns
who have fled into exile, reveal a fairly consistent
pattern of "patriotic re-education" sessions in religious
institutions throughout the year. By December 1998, at
least 132 religious institutions in Tibet had been covered
by the "work teams" during the year.
-
Choede Monastery
(Ba, Karze "TAP" Sichuan Province): A monk reported that
a seven-member "work team" visited his monastery in early
1998. Besides conducting the "patriotic re-education"
sessions, the officials limited the number of monks to
100. Of the 370 monks in the monastery, all except 70 were
expelled including novice monks below the age of 18. The
monks have to pay 10 Chinese yuan and the monastery has
to pay 1,000 Chinese yuan to the County Religious Bureau
as a form of tax.
-
Dhumbu Choekor Monastery
(Gongkar County, Lhoka Region): 30 monks were reportedly
arrested and six monks were expelled from the monastery
when the "work team" first visited in 1996. In March 1997
the monastery was revisited by a 12-member team.
-
Drak Yerpa Retreat
(Taktse County, Lhasa City): There were 120 monks and
hermits in this retreat managed by Lama Azom Trulku.
"Work team" members ordered the demolition of the main hall and
the meditation caves. Prayer flags were torn and the ropes
from the flags were used to tie up the wooden planks from
the destroyed prayer hall. At present there are only 11
monks in the retreat and they are forced to pay rent to
the Chinese authorities.
-
Drigong Sha Lhagang Monastery
(Meldro Gongkar County, Lhasa City): This monastery was
visited by a "work team" in March 1998. The monastery had
300 monks and 200 nuns who were all compelled to leave
following the "patriotic re-education" campaign.
-
Galo Nunnery
(Nagchu Region "TAR"): A nun from this nunnery reported
that a 17-member "work team" arrived in 1997. They
stayed for just over three months during which time three
"re-education" meetings were conducted each day. There were
250 nuns in the nunnery of whom 20, all below 18 years,
were expelled. The food and lodging cost of the "work
team" was borne by the nunnery.
-
Kirti Monastery
(Ngaba County, Sichuan Province "TAP"): This is the biggest
monastery with 2,300 monks. The date of the "work team"
visit is not known. The "work team" members stayed in the
monastery for 20 days during which the monks were told to
oppose the Dalai Lama and accept "Tibet as part of China."
-
Minyak Sukhu Monastery
(Nyakchu County, Karze "TAP"):
Gyama, aged 22, from Dartse Do County, Karze "TAP,"
reported that a Chinese "work team" of four or five
officials visit the monastery in March, June and October
every year. At present there are 35 monks in the monastery
but the officials have set a limit of 20 monks. About 10
novice monks below the age of 20 have been expelled and
the monks must have ID-Cards to stay in the monastery.
-
Pembar Monastery (Pembar County, Chamdo Region): A monk
from this monastery reported that a "work team" arrived
in July 1997. Ten of the "work team" members were Tibetan
and 20 were Chinese. They did not stay in the monastery
on this occasion and before they left they said that
they would return in November 1997. At present there are
63 monks in the monastery but a limit of 30 monks has
been imposed with a minimum age of 23 years. The Chinese
officials have told the monks to oppose the Dalai Lama,
and photographs of the Chinese-appointed Panchen Lama and
red ID cards have been issued to the monks.
-
Potok Nunnery
(Phenpo Lhundrup, County, Lhasa City): This nunnery had
190 nuns before the arrival of the "work team" in March
or April 1997. During the re-education sessions 60 nuns
below the age of 16 were expelled from the nunnery.
-
Ragya Monastery (Thingtoe County, Tso Lho "TAP"): "Work
teams" came to this monastery in April and September
1998. A monk reported that there are presently 600 monks
in this monastery and that the "work team" has set a limit
of 200 monks above the age of 18. On their departure the
"work team" indicated that they planned to revisit the
monastery.
-
Rakor Nunnery
(Toelung Dechen County, Lhasa City): This nunnery had
about 81 nuns. Following a visit by the "work team" on
March 17, 1997 all the nuns were expelled and the nunnery
was closed down. The nuns rooms have also been destroyed
and the wooden planks of their beds sold.
-
Samdrup Monasteryh
(Karze "TAP," Sichuan Province): A monk from this monastery
reported that there used to be about 200 monks but at
present there are 150 monks. In 1996 Chinese officials
made random visits to this monastery with 10 to 15
officials staying for 15 days. The authorities plan to
reduce the congregation to only 30 monks above the age of
18. Last year more than 100 monks were expelled. Pictures
of the Dalai Lama and the Panchen Lama recognised by the
Dalai Lama are not allowed.
-
Toerong Nunnery
(Lhoka Region): A "work team" comprising of four members
visited Toerong Nunnery in Sho Re township in July or
August 1997. Not one of the nuns in the nunnery accepted
the principles laid down by the "work team." As a result,
all the nuns in the nunnery were expelled. The "work team"
demolished the rooms of the nuns.
Expulsion of Monks and Nuns
Expulsion is a key element in the Chinese authorities'
campaign to eliminate political activities in religious
institutions. In 1996 about 1,295 monks and nuns were
expelled, and a further 1,526 in 1997. In 1998 reports
of 7,156 monks and nuns expelled from various religious
institutions were documented, including 2,206 juvenile
monks and nuns. The total number of expulsions resulting
from the "Strike Hard" campaign is now 9,977.
In addition, around 306 monks and nuns are known to have
voluntarily left their monasteries and nunneries in 1998
rather than accept the pledge required by the "patriotic
re-education" session. This is a dramatic increase on
previous years. In 1996 there were only 52 such cases and
35 in 1997.
Once expelled or arrested, monks and nuns are prohibited
from joining any religious institutions in Tibet. With
the expulsions and restrictions imposed, the population
in religious institutions has been drastically reduced.
Ma Yingchou, Deputy Director of Minority and Religious
affairs in Tibet stated that the admission of monks and
nuns into the monastery is now strictly controlled.
-
Dakkar Monastery
(Pembar County, Chamdo Region): It was reported that
12 monks were expelled from the monastery because the
official limit imposed by the "work team" had been
exceeded. Among the monks expelled were: Nyima Dhondup
(18), Tashi Tsering (15), Sonam Ngodup, Ngawang Palden,
Nortse, Tsering Dhondup, Wangyal, Dhonden, and Sonam
Tsering, all from Pember County.
-
Drak Yerpa Retreat
(Taktse County, Lhasa City): So far 109 monks, including
20 elderly monks from Drak Yerpa retreat were expelled
and sent back to their respective villages.
-
Garlog Nunnery
(Toelung Dechen County, Lhasa City): Karma Tsultrim,
a 17 year-old nun, was expelled twice from this
nunnery; first during the 1997 Losar (Tibetan New Year)
because her name was not on the nunnery’s official list
and then again in 1997 because she did not oppose the
Dalai Lama. Karma reported that 180 of 200 nuns have been
expelled.
-
Gegay Gon Nunnery
About 330 nuns were reportedly expelled
and prohibited from entering any other nunneries. The
"work teams" have also ordered that no new nuns will be
admitted into the nunnery.
-
Ladrang Monastery
(Tso Ngon Region "TAP"): This monastery
has a total of around 5000 monks, including those
unregistered. During the "patriotic re-education" session
in May 1998, 1000 novices, below the age of 18 years, were
expelled from the monastery and were sent back to their
respective towns and villages. After two months another
1000 monks were reportedly expelled from the monastery.
The source reported that the "work team" was to stay in
Labdrang Monastery for 3 months.
-
Lhagon Monastery
(Minya Lhagon County, Karze "TAP"): Four
monks have been expelled from this monastery. Dhartse (23)
was expelled in 1996 because "he did not study properly";
Karma (19) and Rinzin Gyamtso (23) were both expelled in
1997 for arguing with the "work team," and Abu Tenzin (17)
who was expelled in 1998 because he was under-age.
-
Lhakang Ser Po Nunnery:
13 nuns were expelled after
expressing dissatisfaction with the presence of a
six-member "work team" in the nunnery. Of those expelled,
the following names have been confirmed; Chungwang, Tsering
Wangmo (22), Tashi Paldon (25), Dechen Dolma (26), Passang
(20), Dawa and Wangmo (22).
-
Lhari Daegyen Monastery
(Nagchu Region): Seven monks were
expelled from this monastery. Among them were three novice
monks including Gyaltsen Jampa, Namdrol Tenzin and one
unknown monk. The four other monks expelled were Palden,
Sonam Nyima, Namkha and Sonam Gonpo.
-
Potok Nunnery
(Phenpo, Lhasa City): The "work team" came
to this nunnery in March, 1996 and 60 nuns under the age
of 16 were expelled.
-
Sakya Trul Pae Monastery:
The "work teams" have expelled
six monks from this monastery. Among them were Kyentse
Wangchuk, Shakya Sanghe Shungwa, Kunga Rabgay, Gedhun
Gyaltsen.
-
Sera Choe Dring Monastery:
All 15 monks in the monastery
were forced to leave in January 1998 and the monastery
was closed down.
-
Serpo Monastery
(Pashoe County, Chamdo Region): A "work
team" came to this monastery in February 1998. Of 45 monks,
six were arrested and the remaining 39 were expelled.
-
Thekchok Ling and Shong Chey Nunnery:
"Work team" members expelled 33 nuns from Thekchok Ling
and Shong Chey Nunneries.
-
Toerong Nunnery:
A four-member "work team" visited this
monastery in August 1997 and expelled 23 nuns. The "work
team" also ordered the demolition of the rooms of the
nunnery.
-
Youning Monastery
(Huzhu County): Chinese authorities
expelled 49 monks of 52 over the age of 60 years. 28 monks
below the age of 15 were also expelled from the monastery.
Closures of Religious Institutions
Strict instructions were given by the Chinese authorities
that monasteries and nunneries involved in political
unrest be closed down. 14 monasteries and nunneries
in Tibet were reportedly closed for these reasons in
1998. In 1997 TCHRD recorded the closure of three
religious institutions. Chinese authorities claim
that these religious institutions were built without
permission. They have also demolished monasteries and
nunneries on the pretext that they were built from foreign
money. The monks and nuns from such institutions are sent
back to their respective villages and are forbidden from
joining any other monasteries and nunneries in Tibet,
instead being forced to perform lay work. Monasteries
and nunneries completely closed down as a result of the
"Strike Hard" campaign include:
-
Doalbo Monastery in Gongkar County, Lhoka Region, "TAR"
-
Drak Yerpa Monastery in Taktse County, Lhasa City, "TAR"
-
Drugung Yama Ri Monastery in Meldro Gongkar County, Lhasa
City, "TAR"
-
Karsang
Monastery in Nangchen County, Kye Gu do, "TAP"
-
Kumbum
Jonang Monastery in Pashoe County, "TAR"
-
Lachung
Monastery in Nangchen County, Kye Gu Do, "TAP"
-
Namrab
Samtenling Nunnery in Gongkar County, Lhoka Region, "TAR"
-
Rakor
Nunnery in Toelung Dechen County, Lhasa City, "TAR"
-
Samdrup
Gonsar Monastery in Lhatse County, Shigatse Region, "TAR"
-
Samye
Chimpu in Danak County in Lhoka Region ,"TAR"
-
Serpo
Monastery in Pashoe County, "TAR"
-
Shongchen
Nunnery in Ngamring County, "TAR"
-
Warang
Monastery in Nangchen County, Kye Gu Do, "TAP"
-
Yu
Lung Nunnery Nakar Tse County, Lhoka Region, "TAR"
Additional Repressive Measures
Pangsa Monastery (Tashi Gang township, Meldro Gongkar
County), was visited by a six-member work team on September
2, 1997. There were 35 monks in the monastery at the time
of the "work team's" arrival but only 16 monks remain.
When the monks refused to comply with the "patriotic
re-education," the "work team" prevented them from
leaving the premises. The doors and windows were locked
and the monks were subjected to regular "re-education" and
interrogation sessions. It was reported in February 1998,
that some were still being held under these conditions. It
was also reported that all of the monasteries in the Meldro
Gongkar area had been strictly instructed not to hold any
religious ceremonies.
Religious monuments have been destroyed by the Chinese
authorities. Three temples in Gyamda County, Nyingtri
Region were reportedly demolished during the year. The
Chinese claimed that these temples were not authorised by
the government.
The Chinese government has extended its campaign against
the Dalai Lama. All Party cadres and government employees
are liable to have their homes searched for any evidence
of allegiance to the Dalai Lama. This includes all Party
members, lower ranking officials and any employees in
governmental departments. This indicates the government's
intention of eradicating the influence of the Dalai Lama at
all levels of the community, further denying the Tibetans'
right to enjoy freedom of religion.
Conclusion
The brunt of China's religious repression is currently
borne by Tibet's monks and nuns. Testimonies of monks and
nuns from all areas indicate that China's crackdown on
religion is widespread, systematic and extremely effective.
The campaign appears to be intensifying, with exponential
increases in the number of expulsions and arrests recorded
in 1998, and indications that the programme is being pushed
into the lay sector. The Tibetans are being denied their
fundamental right to freely determine their own beliefs.
The entire cultural heritage is threatened by this trend
and measures must be introduced immediately to halt the
process.
[Contents]
The rights of Tibetan women are being annulled by the
continual repressive measures implemented by the People's
Republic of China. Contrary to domestic policy to exercise
leniency with regards to family planning in minority
groups, Tibetan women are being subjected to enforced
sterilisation, contraceptive and abortive procedures. Not
only are the stringent birth control policies violating
the rights of women and compromising their health, they
legally amount to genocide.
The UN Convention on the Prevention and Punishment of the
Crime of Genocide defines genocide as meaning any acts
committed with intent to destroy, in whole or in part,
a national, ethical, racial or religious group, including
the imposition of:
... measures intended to prevent births within the group. (Art. II d)
In 1998, reports were received of 432 Tibetan women being
sterilised against their will.
Tibetan women are not exempted from other human rights
violations in Tibet. They too are denied the right to
freedom of expression and opinion, and are vulnerable to
arbitrary arrest and imprisonment. In prison, women are
frequently tortured and there are many accounts of sexual
abuse.
These practices breach both international and domestic
laws and it is China's responsibility to implement more
effective measures to protect the rights of Tibetan women.
In 1998 TCHRD recorded 11 arrests of women for exercising
their freedom of expression. 1,123 nuns were expelled
from their nunneries on the same grounds, bringing the
total number to 1261 since the launch of the "Strike Hard"
campaign in 1996. Of the 1084 current Tibetan political
prisoners, 245 are women.
International Law
Since 1980, the People's Republic of China has been a
State Party to the international law of the Convention on
the Elimination of all forms of Discrimination Against
Women (CEDAW). In ratifying this Convention, China is
bound to uphold its provisions and, under Article 2,
agrees to condemn discrimination against women. In 1998
China submitted its latest report to the United Nations
detailing its adherence to CEDAW. Testimonies from Tibetan
women and witnesses, however, show that China is continuing
to violate its obligations under the Convention.
Article 1 of CEDAW states:
... the term "discrimination against women" shall mean any
distinction, exclusion or restriction made on the basis
of sex which has the effect or purpose of impairing
or nullifying the recognition, enjoyment or exercise
by women, irrespective of their marital status, on the
basis of equality of men and women, of human rights and
fundamental freedoms in the political, economic, social,
cultural, civil or any other field.
China's Legal Position
In its latest report to the United Nations CEDAW Committee,
submitted on May 29, 1998, China outlines its main domestic
laws which have been created to protect the rights and
interests of women. These are:
-
the Law of the People's Republic of China on the Protection
of the Rights and Interests of Women [referred to as the
Women's Law (1992)]
-
the Law of the People's Republic of China on Maternal and
Infant Health (in effect from 1995)
-
the
Labour Law of the People's Republic of China (1994)
-
the
Program for the Development of Chinese Women (1995-2000)
The Women's Law is described by the Chinese government
as the "first basic law dealing with women's rights
and interests in a specific and systematic manner."
It also states that, "[t]he Law highlights the special
protection of women's rights and interests. ... [it] makes
new provisions for women's political participation,
appointment, employment, labour protection, marriage,
etc."
The Law on Maternal and Infant Health "stipulates that
health services be provided to women and mothers in ...
pre-pregnancy, prenatal and postnatal stages and in care
of infant and young child."
To date, these domestic laws have failed to provide women
with the protection of their rights to which they are
entitled.
Birth Control Policy
In 1998 TCHRD received reports of 432 women who were
subjected to enforced sterilisation or contraceptive
procedures. These reports all relate to events in 1997. 300
of the 432 sterilisations |
