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![]() ![]() The right to be free from torture 5.1. International Law Article 1 of the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment34 (hereinafter CAT) to which the People's Republic of China is a State Party defines torture as meaning:
Article 11 of CAT specifies that:
Under Article 4 of CAT the PRC is legally bound to criminalise acts of torture. In 1993 and again in 1996 the UN Committee Against Torture, a team of legal experts, asked China to set up a genuinely independent judiciary and to change its laws to ban all forms of torture. In May 1996 the Committee stated, "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."35 China's Criminal Law only specifically prohibits "torture to coerce a statement" by "state personnel" against "offenders" (article 136)36, yet in its report to the Committee, the PRC responded that, in China, "the law deems torture to be a criminal act. There are no circumstances that may ever be invoked to justify its use." Article 7 of CAT requires States Parties to prosecute those responsible for torture. However, under the Chinese Criminal Procedure Law, the standards for determining whether a case of torture under article 136 should be the subject of criminal investigation consider factors such as the perpetrator's intention and the gravity of the acts. The torturer must have acted for personal revenge or used "very cruel means thus creating a grave impact". The latter would include the torturing of many people or repeated torture, or where the act results in death, disability, insanity, suicide "or other serious consequences".37 There is a serious lack of any evidence to suggest that perpetrators of torture are indeed being brought to justice and the CAT Committee recommended in May 1996 that China "establish a comprehensive system to review, investigate and effectively deal with complaints of maltreatment, by those in custody of every sort".38 Article 7 of the ICCPR also concerns torture and cruel or degrading treatment or punishment. In its General Comments to this section, the ICCPR Committee stated that places of detention be free from any equipment liable to be used for inflicting torture or ill-treatment and that prompt and regular access be given to doctors.39 While the PRC has not signed the ICCPR, this nonetheless represents an important international standard. 5.2. Torture Resulting In Death In 1996 eight reports of Tibetans dying as a result of police torture and ill-treatment were received. Three of these were deaths in custody. On 15 April 1995 Sangye Tenphel (layname: Gonpo Dorjee) and four others monks from Khang-mar Monastery in Damshung, 162 kilometres north west of Lhasa, were arrested by Chinese police officials for participating in a demonstration around the Barkhor area. No information was available regarding their personal details and whereabouts until the fourth week of May 1996 when it was reported that 19 year-old Sangye Tenphel had died on 6 May 1996 while in Drapchi Prison. Sangye had been severely beaten with an electric baton and a cycle pump by two prison officials. His ribs were broken during the course of his interrogation and he was reportedly suffering brain damage before his death. On 6 May 1996, a monk of Ganden Monastery was shot dead by Chinese troops who opened fire after the monks refused to fall in with the orders regarding the ban on photographs of the Dalai Lama. A bullet entered the lower back of 40 year-old Kelsang Nyendrak who died several days later. Kalsang Thutop, a 49 year-old monk of Drepung Monastery, died in Drapchi Prison on 5 July 1996. Kalsang could not speak when he returned from a two-hour interrogation session and that night was rushed to the hospital where he died a few hours later. Kalsang was given a sky burial and it was observed by the Topdhen (the person who performs the sky burial) that one of Kalsang Thutop's testicles had been brutally squeezed. Thutop was serving an 18 year sentence for his involvement in the 1989 Lhasa demonstrations. In July 1996, 66 year-old Dorjee (family name: Khangtsiri) from Tse-Gorthang, 124 km south-west of Chabcha Dzong, Amdo (Chinese: Qinghai), died after he was severely beaten by members of the PAP and the PSB. The authorities who visited the town raided all of the houses and imposed fines on those Tibetans in whose houses photographs of His Holiness the Dalai Lama were found. Dorjee, who was incapable of paying the heavy fine of 6000 yuan (USD $750), was told to pay by 1997 failing which half of his land would be confiscated. When Dorjee challenged the authorities he was beaten and had to be hospitalised. Twenty days later he died. On 14 September 1996, Tenchok Tenphel died while in Sakya detention centre just two weeks after his arrest. Sangye, aged 27, was a monk of Sakya monastery, 152 km west of Shigatse. He had been arrested on 1 September 1996 during a ritual dance performance before Chinese officials. Tenchok Tenphel's body was cremated on 17 September before his family could see him and his family was told that he had "committed suicide". Phurbu, better known as Tarak, was from Lhasa and lived in Galingsha , eastern Lhasa. His father Dorji and mother Tsamchoe carried out small business. Phurbu was an active participant in the March 1989 demonstration. He had joined a group of people marching from Toeling (a small town) to the People's Hospital when, from a distance, Chinese officials opened fire. Phurbu was shot three times as a result of which his left leg had to be amputated. In spite of being hospitalised for a few months, Phurbu did not recover from the effects of the bullet wounds. Even after his discharge from the hospital his health continued to deteriorate and he remained fully bedridden. Phurbu died on 3 September 1996 at the age of thirty four. Phurtse was born in 1960 and grew up in Lhasa. He worked in Lhasa Bangashoe's United Corporation, then as a road constructor in Powo Tramo and then in a scripture printing press near Sera Monastery. It was while working at the printing press that he participated in the March 1989 demonstration. He was caught and beaten by members of the People's Armed Police (PAP) with an iron rod and he suffered acute head injury. His relatives were informed that he would have to undergo urgent surgery and he was hospitalised for four months before being taken home. While at home one side of his body became partially paralysed and he was admitted to the Tibetan Medical Institute (Tibetan: Mentsikhang) in Lhasa for three months. Then in October 1989 he was discharged from the hospital with a warning that his full recovery was impossible due to the damage already caused. On 7 February 1996 Phurtse passed away. Dawa Tsering, better known as Khema, was born in Lhasa. He lived in eastern Lhasa , Dickyi Sitrul No.3, with his father Ngawang and his mother Nyima who were engaged in small business. Dawa Tsering actively participated in March 1989 in one of the biggest ever demonstrations to take place in Lhasa. He was arrested on 8 March 1989 by Chinese officials, taken to Sangyip Prison and detained until March 1990. During this one year of imprisonment he was repeatedly subjected to severe torture by members of the PSB and prison officials during interrogation sessions. His condition became so critical that he could hardly stand straight and his back was completely bent over. His condition never improved and on 19 August 1995 he passed away at the age of twenty eight. 5.3. Torture and Ill-Treatment of Prisoners There were a number of reports of ill-treatment of prisoners of conscience and appalling prison conditions, especially in Lhasa's Drapchi Prison. The effects of torture in prison have been exacerbated by a lack of medical care, inadequate nutrition, and the imposition of hard labour. The use of torture in obtaining confessions in prison is common to all the prisons run by the Chinese Administration in Tibet. Methods of torture include: inflicting shocks with electric batons; beating with iron bars, rifle butts and nail-studded sticks; branding with red-hot shovels; pouring boiling water over prisoners; hanging prisoners upside down or by the thumbs from the ceiling; shackling; kicking with boots; setting ferocious dogs onto prisoners; exposure to extreme temperatures; deprivation of sleep, food and water; prolonged strenuous "exercise"; long periods of solitary confinement; sexual violence; taunts and threats of torture and death. The following reports of torture and ill treatment of Tibetan political prisoners of conscience were received in 1996: Ngawang Rinchen40 (layname - Tashi Delek) is a 32 year-old Drepung monk who left Tibet on 14 October 1996. He was arrested in 1989 for involvement in demonstrations and imprisoned first at Sangyip Prison and then transferred six months later to Drapchi Prison. During his seven years in prison, Ngawang reports that he was tortured several times. This included: beatings (kicking, punching, use of sticks, rifle butts and whips); electric cattle prod shocks; prolonged exposure to extreme cold; blood drawing; verbal abuse including death threats to himself, family and friends; deprivation of sleep, food, water, toilet and bathing facilities and medical care; solitary confinement for six months from 18 July 1989; forced labour and exercise for prolonged periods without rest and forced standing for prolonged periods. Ngawang was released in 1996 and currently suffers severe post-traumatic stress disorder and complains of back pains and headache associated with psychological stress. Lobsang Dhargye, a 31 year-old monk of Rakyab Monastery was arrested in October-November of 1992. He was accused of having pasted wall posters calling for a free Tibet and distributing pamphlets that contained the Tibetan national flag. While in prison, Lobsang Dhargye confessed, after repeated torture, to all accusations but refused to divulge the names of his accomplices. At the time of his release in 1995 he had finished serving a prison sentence of two and a half years. Kunchok Tenzin, a 31 year-old primary school teacher of Tibetan language from Yakla sub-county of Sog District, was arrested on 18 February 1995 for his role in pasting wall posters calling for a free Tibet. In April 1996 Kunchok was released from Nagchu Detention Centre after more than a year. His release was prompted by his critical physical condition. While he was in detention he was repeatedly tortured which caused severe swelling in his body, and today he cannot walk without support. Jigme Gyatso, aged 34, was arrested in March 1995 by the Chinese authorities and subsequently tortured and severely beaten until he was unconscious. He was released after his parents made a payment of 1000 Yuan (USD $125). In March 1996 Jigme Gyatso was arrested for the second time and is currently still in detention. On the night of 12 July 1995, Tashilhunpo Monastery (the seat of the Panchen Lamas) was raided by security forces and forty monks were arrested. Among those arrested was Tulku Jamyang Tenzin, more popularly known as Gyatul Rinpoche. Gyatul Rinpoche was in charge of writing the Xth Panchen Lama's biography. He is reported to have been severely tortured in prison. Lobsang Sherab, Lobsang Tsultrim and Lobsang Tsering of Drongsar monastery in Pashoe County under Chamdo Prefecture were arrested on 7 August 1995 for their involvement in breaking and pulling down a name plate of the office of "Pashoe People's Government". They were later sentenced to over ten years and as a result of severe beatings and torture while in custody their hands are permanently maimed. On 2 April 1996 Jamyang Yeshi, a student monk of the "Nga-rig Kye-tselling" school at Kumbum Monastery was released for medical reasons after two weeks of detention. Jamyang Yeshi was among the group of 25 school students who were arrested and detained for pasting independence posters and leaflets in the monastery. Jamyang was reported to be in a coma when he was released earlier than the other student monks and is said to have remained unconscious for some days following his release. When Chinese troops fired on monks protesting at Ganden Monastery in May 1996, five monks reportedly received bullet wounds, including Gelek Jinpa, a 14 year-old monk who was also severely beaten by police. In July 1996 tighter controls were imposed on political prisoners in Drapchi Prison. Barring meal hours, all prisoners were required to be in queue at all times They are often forced to stand in one place or run for hours at a time, regardless of extreme weather. If staff happen to find any act by a prisoner to be out of order, the prisoner is immediately beaten. As a result of one such beating a monk from Damshung (name unknown) had his ribs broken. Other cases include: a monk named Ngawang Sherab from Kyarlung Monastery whose hands were irreparably broken, a monk from Medro Dakhpogong Monastery named Doelo who was crippled; and Phuntsok Thutop and Phuntsok Dadrak, both from Drepung monastery, were also reported to have suffered severe torture sustained under similar circumstances. On 9 September 1996, five Tibetans from Damshung Dzong under Nagchu administration demonstrated in the Barkhor area of Lhasa. The five demonstrators were 17-year old Pendor, 20-year old Samten, 22-year old Ringu, 25-year old Sogon and 28-year old Tashi Dargye. They condemned China's interference in the Panchen Lama reincarnation issue and raised their voice against this interference in Tibet's religious matters. The five were severely tortured while in police custody. One of the them had to be taken to "Men Zhen Bu" Dhongkher Hospital for treatment. On 27 October 1996 Yungdrung, a 24 or 25 year old Tibetan artist, was found in a state of severe shock in a public toilet in the Barkhor area of Lhasa. Yungdrung was described as "cowering with terror" when he was discovered, apparently as a result of having been tortured in custody. Yungdrung had been arrested in connection with his portraits of the Dalai Lama and had spent the previous 58 days in Gutsa Detention Centre. 5.4. The Case of Jampel Tsering Jampel Tsering (layname - Kalsang) is a 27 year-old monk from Drepung monastery who escaped Tibet in October 1996.41 He was arrested in 1987 and detained for four months and then arrested again in 1989 for demonstrations and possession of human rights pamphlets. He was imprisoned first at Sangyip Prison and then transferred six months later to Drapchi Prison, and has spent a total of five and a half years behind bars. Upon his arrival at Drapchi Jampel says, "My clothes and personal belongings, including Buddhist scriptures, were burned. I was subsequently beaten mercilessly, repeatedly punched all over my body, including on my face, and kicked in the back." He suffered similar severe beatings over the next several days and then less severe beatings almost every day thereafter. He was also shocked with a cattle prod on his face and mouth. During these sessions Jampel reports the Chinese guards would say, "You are not allowed to talk about freedom". In April 1991, a German human rights group came to the prison. Jampel reports that prior to the visit the Chinese authorities transferred several prisoners suffering torture-related problems out of the prison so that they would not be seen. Jampel says he tried to pass a note to the Germans about the problems in the prisons but it was intercepted by the Chinese officials. When Jampel and other prisoners demanded to know where the other prisoners had been sent, they were told, "You have no right to ask questions" and were then shackled by their hands and feet bending over. Jampel reports, "I was hit all over my body with fists, I was kicked and I was hit with the butt of a gun". Jampel and several other prisoners were subsequently taken to separate cells which were very small and without light. He was kept in the cell for 12 days. In addition to the physical abuse, Jampel also suffered frequent verbal abuse during his imprisonment. The security guards reportedly told him that "you and your friends are the ones causing trouble in Tibet" and they would frequently make derogatory comments about the Dalai Lama. Jampel reports frequently witnessing other persons being beaten including an old man who he saw being beaten and stepped on. On one occasion, Jampel and some other prisoners brought a fellow prisoner to the prison doctor saying the man was very sick. The doctor reportedly said that there was nothing wrong with the man and sent him away. Five days later the man died.
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