![]() |
![]() ![]() Torture in Detention Centres and Labour Camps Just two months after China signed the Convention Against Torture in 1986, Lhapka Tsering, a student accused of belonging to a "counter-revolutionary" organisation, was beaten to death in Drapchi Prison, Lhasa. Since then, despite international obligations on the PRC to actively prevent the practice of torture, cases of cruel and humiliating abuse of prisoners in Tibet have been regularly reported. Six reports of Tibetans dying as a result of police torture and ill-treatment and dozens of cases of torture were received in 1997. International Law The Universal Declaration of Human Rights proclaims in Article 5:
No one should be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Article 1 of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (hereinafter CAT), defines torture as meaning:
"... 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 Š or intimidating or coercing Š 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." The PRC signed the CAT in December 1986 and ratified it on October 4, 1989. As a States Party to the Convention, the PRC is legally bound under Article 2 to:
"Š take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction." This is a non-derogable right. This provision is not subject to any exception whatsoever, including wars, internal political instability or any other public emergency. Other legal obligations on States Parties under the CAT include: Ensuring that all acts of torture ( including attempted torture and participation in torture ( are offences under its criminal law. (Art. 4) The UN Committee Against Torture has stated that "there has been a failure to incorporate a definition of torture in China's domestic legal system in terms consistent with the provisions of the Convention."(30) The definition of torture contained in China's Criminal Procedure Law (CPL) is far narrower, only specifically prohibiting "torture to coerce a statement" by "state personnel" against an "offender" (Article 136).(31) Submitting cases of suspected torture to its competent authorities for the purpose of prosecution (Art. 7) The CPL requires that in determining whether a case of torture under Article 136 should be the subject of criminal investigation, factors such as the perpetrator's intention and the gravity of the acts must be considered. Prosecution necessitates that the torturer acted for personal revenge or used "very cruel means thus creating a grave impact".(32) These requirements further narrow the possibility of cases of torture in Tibet being judicially examined. Systematically reviewing interrogation methods and practices as well as the custody and treatment of arrested, detained or imprisoned persons with a view to preventing any cases of torture (Art. 11) Ensuring that any statement obtained under torture can under no procedure be used as proof (Art 15) While the 1979 CPL mandated that the courts, procuratorate and police should gather evidence "according to legal procedures" and specified as illegal the use of methods such as torture, threats, enticement and fraud, there is absolutely no bar on the use of evidence gathered via such methods. China's revised CPL, which took effect from January 1, 1997, also fails to provide any mechanism for the exclusion of illegally gathered evidence(33); nor is the use of such evidence sufficient grounds for a new trial(34). Under the revised law, right to counsel accrues only after initial questioning and this, combined with the absence, under Chinese law, of the right to remain silent(35), means that there continues to be a serious risk of coerced "confessions". Torture Resulting In Death(36)
Jamyang Thinley, a 25-year-old monk of Chamdo Monastery, Chamdo Region, "TAR", was arrested on May 30, 1996, after Chinese officials discovered political leaflets in his room. After four months of severe torture and beatings by prison officials in Chamdo Prison, Jamyang's state became critical. Jamyang was quickly released on September 13, 1996, but died just five days later. Another Chamdo monk who saw Jamyang's body prior to cremation reported: "his entire back and neck had blisters as a result of being electrocuted. He had marks of having been beaten so badly that it was black and blue all over. There were also patches of clotted blood on certain areas of his stomach." Trinlay Choedak, a 19-year-old monk, also known as Karze Tulku, died in Drapchi Prison in 1996. Trinlay, along with his friend Dorjee, was arrested in 1994 and was sentenced to three years imprisonment. Kalsang Dawa, a 29-year-old painter from Phenpo in central Tibet, was arrested in April or May 1993 for having painted the Tibetan flag and pasting independence wall posters. He was taken to Sangyip Prison in May 1993 where he was reportedly tortured severely and suffered a severe beating by a drunk prison guard for not having obeyed the rules of sleeping time. Since then, he is said to have shown signs of disturbance such as often covering his ears with both hands and crying out: "they are inserting electric batons into my ears." After eight or nine months in Sangyip, Kalsang's sentence was pronounced and he was transferred to Toelung Trisam, a labour camp where prisoners were put under hard labour. On October 14, 1995, Kalsang was found dead in his cell, hanging from the ceiling. He had used a toilet pot to support himself while tying the rope around his neck. Phuntsok Yangkyi, a 20-year-old nun from Michungri Nunnery, Lhasa City, died on June 4, 1994. One of her close friends reported that, while in hospital, Phuntsok was injected twice in her back and a Chinese doctor extracted a body fluid (Tibetan: Geychu) which Chinese believe increases vitality. Phuntsok went into a coma after the extraction and her nails, tongue and lips turned bluish-black. She died six days after being taken to the hospital and her parents were not given her body. Gyaltsen Kalsang, a 24-year-old nun from Garu Nunnery, Lhasa City, was sentenced to two years after being arrested on June 14, 1993, for her involvement in pro-independence activities. In November 1994 while in Drapchi Prison, Gyaltsen had to be hospitalised and was diagnosed as suffering from a severe kidney problem. Despite her weak physical condition, Gyaltsen was still made to participate in strenuous running exercises. She died on February 20, 1995. Rinzin Choeden, a 25-year-old nun of Shugseb Nunnery, Chushur County, Lhasa, was arrested on March 8, 1989, for having participated in a demonstration. She was detained in Gutsa Detention Centre for one night and then taken to Chusul Dzong Prison, 60 km south west of Lhasa. During her seven day detention, she was subjected to severe torture and had to be taken to Shungseb Nunnery on the eighth day as her condition was critical. Between April 1989 and some time in 1990, Rinzin had to be hospitalised and it was reported that she had serious kidney damage. Rinzin died shortly after in 1990 at the age of 25. Torture And Ill-Treatment Of Prisoners Yeshi Samten, a monk from Yada Monastery in Tongpa township, Zokhang county, Chamdo, was imprisoned and tortured in six different prisons and detention centres for attempting to escape Tibet and the repressive Chinese policies in his monastery. Yeshi and two other monks were caught at the border and detained in Pashoe Military Prison for one day, where Yeshi was hit with rifle butts and kicked and beaten with wooden rods. His hand was badly hurt. The three were then handed over to Zokhang County and Yeshi was beaten by 10 policemen before a public gathering in order to warn the people of the dire consequences of disobeying the Chinese. For about a month they were beaten with electric batons every morning and every evening for an hour each time. They were given very little food and at noon were beaten "with rifle butts, sticks and anything that the guards could get hold of." After his release on June 20, 1996, Yeshi tried to escape Tibet again, but he and 13 others were caught and put in a military prison. During the first seven days, they were not provided with any food, but interrogated and beaten with sticks. They were held there for one month and 11 days before being transferred to Lhatse County, detained for three days, and then moved to Shigatse County Prison and kept for seven days. The Chinese had 60-65 prisoners "thrown together into a truck like animals" while loudspeaker announcements warned the public of the consequences of attempting to flee the country. The prisoners were driven to Gutsa Detention Centre, Lhasa for seven more days of detention. Yeshi later escaped to India but his two friends had to stay in Lhasa, both hospitalised for back injuries caused from torture by the Chinese officials. Lobsang Dhargay, aged 31, a monk from Ragya Monastery, Golok "TAP", Amdo (Ch: Qinghai) was arrested on November 25, 1992. He was caught distributing leaflets reading "Free Tibet" and "Chinese Quit Tibet", printing paper copies of the Tibetan national flag and hoisting a cloth flag on the top of the monastery. Lobsang was detained in Golok Prison, Golok Prefecture's largest prison, for one year without trial. Every day in prison he was interrogated and every day the interrogations were accompanied by torture: he was beaten with sticks, kicked, punched and shocked all over the body with an electric cattle prod. The worst torture Lobsang endured was when he was handcuffed with his arms around a hot chimney and left there for a whole day without food or water. The scorching heat of the chimney resulted in blisters all over his body. Lobsang said that there was water running from the blisters and that his wounds were stinging painfully from heavy perspiration. At night, when the prison guards finally came to release his cuffs, his boots were completely filled with water from the sweat of his body. Lobsang was later sentenced to five years in prison but was released early on May 25, 1995. Rinzin Choenyi, a 26-year-old nun of Shugseb Nunnery, Chushur County, Lhasa, spent six years in Drapchi Prison for participating in a demonstration with five other nuns on September 22, 1989. She was arrested and first taken to Gutsa Detention Centre, where she was kept for two months in solitary confinement. For the first three days she was interrogated three times a day, then once or twice a day until her release. During these interrogation sessions, she was severely tortured. She was suspended from the ceiling for one hour or more with her hands tied behind her back. While in this position, she was rotated and beaten with twisted jute ropes. Custom-made electric wires were wrapped around her fingers and she was subjected to electric shocks. At the same time, she was kicked and burnt with cigarettes. She was then sentenced to seven years imprisonment with two years deprivation of political rights and transferred to Drapchi Prison, where she was subjected to even worse torture. If nuns were caught reciting Buddhist texts, they would be subjected to electric shocks in the mouth with an electric baton, and, when caught prostrating, they were forced to prostrate in water and ice. While in Gutsa and in Drapchi, Choenyi was subjected to forced blood extraction on three occasions. On the third occasion, she became so weak that she had to be hospitalised for 28 days. Choenyi was released early in September 1995 for "good behaviour". Jigme Yangchen, a 27-year-old nun of Shugseb Nunnery, is currently serving a prison term of 12 years in Drapchi prison. First sentenced to seven years for holding an independence demonstration, in 1993 this was extended by five years for recording songs and mesages in prison. Today Jigme Yangchen is reported to be in extremely poor health. She is reduced to skin and bone, is very pale, and suffers from various health complications due largely to the numerous torture sessions and beatings she has sustained from prison officials. Choekyi Wangmo, a 27-year-old nun from Phenpo, "TAR", was sentenced to five years imprisonment after her arrest in 1993 for participating in a demonstration. She was detained in Gutsa for five to six months during which she was subjected to severe torture. When she was transferred to Drapchi Prison after her sentencing, her condition was extremely weak. She was constipated most of the time and passed a lot of blood in her stool. Despite her deteriorating health, she was made to perform the running exercises along with the rest of the political prisoners. She is reported to now be in very poor health. Ngawang Lhundrup, a 22-year-old monk from Shedrupling Monastery in Lhogongkar, Lhoka Region, "TAR", was arrested on August 12, 1992, while demonstrating in the Barkhor, Lhasa. He and another monk were holding a large picture of the Dalai Lama with the Tibetan national flag when two policemen snatched the flag from his hand and beat him as they threw him into a van. Three nuns and one monk were also arrested. They were taken to the Public Security Bureau (PSB) office in Lhasa, dragged down from the van and the policemen began to kick them and beat them as they were taken to the interrogation room. Inside more than 20 policemen covered them with the flag they had earlier snatched and again they were beaten and kicked on every part of the body while the policemen abused the Dalai Lama. When the officials grew tired they gave them each a rod and ordered them to beat each other. When they refused, the officials hit them even harder on the shins, head and abdomen. After six hours of severe beating, they were taken to Gutsa Detention Centre for more interrogation and, at the end of each week, Ngawang was again interrogated and severely beaten. While in Gutsa, the prison authorities took out a contract to build a dam near Toelung Trisam, and Ngawang and the other prisoners were sent for forced labour. Early each morning, they were squeezed into a small van and transported to the construction site. Ngawang remembers: "when we were permitted to stop in the evening our hands would be full of blisters and we would be weak with exhaustion." Ngawang completed his prison term on August 12, 1994. Lobsang Shakya, a monk at Tashi Lhunpo Monastery, Shigatse, "TAR", refused to denounce the 11th Panchen Lama in favour of the boy chosen by the Chinese authorities. He was dragged out of his house on November 26, 1995 and taken to Karkhang Prison, Shigatse. The next day two months of torture began, with interrogations conducted by four to five officials at a time. "They suspended me from the ceiling and beat me with blows and kicks all over my bodyŠ they hit me in the stomach with their elbows and fists and kicked me like an animal. This went on for several hoursŠ I was bleeding excessively and frequently fell unconscious. They beat me mostly on the stomach. As I fell unconscious, they would splash my face with drain water. I heard them say, 'do not hurt him on the outside; disable him with internal injuries'." After much pressure from his family, Lobsang was admitted to Shigatse People's Hospital and diagnosed with problems in his stomach, pancreas and intestine. Phuntsok Chosang, 23 years old, from Meldro Gongkar in Gyama Shang, Lhasa City, "TAR", was arrested and imprisoned in March 1992 for pasting wall posters to protest against China's environmental practices in his hometown. After being forced to confess, he was placed in a solitary confinement cell which measured only about five feet in length and 4 feet in width. The cell was completely dark, without air ventilation and extremely cold. When he coughed, the whole cell would echo and vibrate. He was held there for 13 days. He was also routinely beaten and iron rods were jammed into his mouth during interrogations. On the 13th day of solitary confinement, Phuntsok was so ill that he was not able to walk or to hold himself up, and when he tried to walk he would collapse after a few steps. He felt dizzy and was nearly blind. At the end of March 1993, after one year and two months of imprisonment, he was finally released on medical parole, but his health condition has remained feeble and he is unable to see clearly.
[ Homepage ] [ HumanRights ] [ HumanRights97 Report ]
|