Arbitrary Arrests And Detentions


Almost all Tibetan political prisoners in Chinese prisons in Tibet were arbitrarily arrested and detained. More than 1,000 prisoners continue to languish in prisons without any formal trial and, in 1997, 96 Tibetans were known to have been arrested, most after peacefully exercising their right to freedom of expression and opinion. Commonly charged with "endangering state security", some have received prison sentences of up to eight years. Others, already serving a prison term, have had their term extended for exercising their rights of freedom of speech and opinion while in detention. Under China's revised Criminal Procedure Law (CPL) which went into force in 1997, politically motivated prosecution and arbitrary detentions continue to be sanctioned and the PRC's judicial system still fails to meet international standards of due process and independence of the judiciary.

International Law

The right to life, liberty and security of a person is a fundamental right entrenched in Article 3 of the Universal Declaration of Human Rights (UDHR). The UDHR also states in Article 9 that:

No one shall be subjected to arbitrary arrest, detention or exile.

Modifications to the Chinese Criminal Procedure Law include the replacement of the political crime of "counter-revolutionary offences" with "offences against state security". This has been labelled a "nominal improvement" by Amnesty International which stated, "this [Chinese criminal] law is still far behind international human rights standards ... the changes to the CPL are far from sufficient to ensure protection against arbitrary detention, unfair trial or torture."(18)

The announcement in March 1997 that harsh new criminal laws were to be introduced, targeted at crushing "terrorist" activity in Tibet and Xinjiang, was also of grave concern. The new offences include "taking advantage of national or religious problems to instigate the splitting of the State or undermine the unity of the State". These new provisions are even wider and more vaguely worded than the former "counter-revolutionary" charges, and are thus more open to abuse.(19)

Arrested for the Exercise of Rights The UN Working Group on Arbitrary Detention has defined the following as one of the categories of arbitrary detention:

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.
(20)

The Working Group has included in such rights: the exercise of freedom of thought, conscience and religion; freedom of opinion and expression; freedom of peaceful assembly and association and the exercise of the minority rights to culture, religion and practice. Reports of arrests in 1997 reveal that Chinese authorities continue to arrest or detain Tibetan people solely for having exercised these human rights. Sometimes Tibetans are arrested for no reason other than "suspected" links with the Tibetan Government-in-Exile.

"Espionage"

Ngawang Jungney is a 27-year-old from Damshung County, north-west of Lhasa. News of his current nine year sentence was received in 1997. Ngawang was first arrested in January 1994, accused of being a spy for the Tibetan Government-in-Exile after making a trip to India. He was detained for almost seven months before he was released for lack of evidence. Two months later he was arrested again and sentenced to one year imprisonment. This was later extended to nine years when he reportedly refused to kneel down before the deputy in charge of Drapchi Prison Unit # 4. Ngawang Choephel (31), a Tibetan music teacher, was sentenced to 18 years prison on December 26, 1996, on similar charges of "spying".

On June 16, 1994, three men from Amdo ( Tse-Gyon Gyal, Namloyak and Lukar Jam ( were sentenced to 16, 12 and 17 years respectively on charges of carrying out "espionage" for the Tibetan Government-in-Exile and forming "counter-revolutionary" groups. The sentence was passed by the Intermediate People's Court of the Tso-Nub "Tibetan Mongol Autonomous Prefecture" under Qinghai Province.

Sixty-three year-old Gonpo from Bayan County, Tso-ngon (Ch: Qinghai) Province, was arrested on December 25, 1996, by the PSB. His detention was officially announced in January 1997 however his sentence term and present whereabouts are unknown. Gonpo, a retired Director of Section 5 of the People's Investigation Office in Qinghai Province, was reportedly arrested for having contacts with the Tibetan Government-in-Exile.

Tsering Gyaltsen (38) and Yangzom (31), a married couple from Lhasa, were reportedly arrested around the end of September 1997. They had recently returned to Tibet after making a pilgrimage and family visit to India. The charge is unknown but it is believed that they were detained on suspicion of being involved in political activities.

Freedom of Expression or Opinion

Nazod Trulku, the spiritual head of Nazod Monastery in the south of Serthar County, Golok "Tibetan Autonomous Prefecture" ("TAP"), Qinghai Province, was sentenced in August 1996 to six years imprisonment for having printed and distributed papers protesting the destructive environmental effects of Chinese mining in the area. He was reportedly interrogated and tortured periodically for five months before his transfer from Me-Nyag Ra Nga prison in Nya Rong County in Karze "TAP". The exact place of his current imprisonment remains unknown.

Two Tibetans were arrested in late 1996 by the Ngaba County Public Security Bureau (PSB) for possessing wooden printing blocks used for printing pro-independence posters. Jamyang Tsakli, aged around 35, had run a small shop in Ngaba County, and Gonpo was also from Ngaba. After their arrest they were imprisoned in Ngaba Prison and later transferred to Barkham Prison. Jamyang Tsakli was released in February 1997 but Gonpo has reportedly been sentenced to seven years prison.

On January 1 or 2, 1997, five monks from Drayab Magon Monastery in Drayab County, Chamdo Region, "TAR", were arrested for pasting posters reading "Free Tibet" and "Long Live His Holiness the Dalai Lama". All except one monk were sentenced to six year sentences which they are currently serving.

Six Tibetans were arrested by the Lhasa Public Security Bureau prior to the July 1 Hong Kong handover and July 6 birthday celebration for the Dalai Lama, fearing that they may stage pro-independence activities during those periods. The six were: Dawa, a 60 year-old from Tsemonling, Lhasa; Lhakpa Tsamchoe and Pema Chodon from Kyiray, Lhasa; Migmar Dolma from Dranakshol/Banakshol, Lhasa; Dakpa Wangden from Lhasa Shol and Kalsang Tsewang. Lhakpa Tsamchoe and Kalsang Tsewang were reportedly released after a few months of detention. The whereabouts of the other four are not known.

In June 1997, a 20-year-old monk of Gongkar Choede Monastery named Jamphel Tendar received severe beatings for exhibiting his disapproval of the presence of the work-team members in the monastery and the disruption of their religious rituals. He was reportedly taken to the detention centre in Tsethang in Nedong County, Lhoka Region, "TAR", after which he was transferred to Gutsa Detention Centre. Reports indicate that he may have received an administrative sentence and it is not known if he received any medical care(21).

In June 1997, Tsering Tashi (30) and Yidhi (24), monks from La Monastery in Lapa, Zadhe County, Kham were arrested for pasting wall posters condemning Chinese rule.

Gyurme Dorjee, a 22-year-old monk from Dhargye Choeling Monastery, was arrested around the last week of May 1997 after he allegedly pasted anti-Chinese posters on the walls of the county office. He was sentenced to three years which he is currently serving in Drapchi Prison.

In July 1997, seven monks of Serwa Monastery in Chamdo region, "TAR", were arrested by the PSB for having spoken against the repressive policies of the Chinese authorities. The arrested monks were: Tashi Phuntsok (25), Rinzin Choephel (24), Sherab Tsultrim (25), Dawa Dorjee (24), Lobsang Damchoe (26), Ngawang Choephel (16) and Lobsang Dorjee (17).They were kept in detention for about a month during which they were said to have been tortured indiscriminately and were later transferred to Chamdo Prison. Nothing is known of their present condition nor their prison term.

Denial of the right to fair trial

The UN Working Group on Arbitrary Detention may also investigate:

Cases in which non-observance of all or part of the international provisions relating to the right to fair trial is such that it confers on the deprivation of freedom, of whatever kind, an arbitrary character
(22).

The revised CPL continues to allow for administrative detention. "The police still have the power to detain the same categories of people without charge and without judicial review," said Amnesty International of the revisions.(23) The revised CPL lacks any procedure complying with article 9(3) of the ICCPR which requires that those arrested or detained on a criminal charge must be brought "promptly before a judge or other officer authorized by law to exercise judicial power." In an analysis of the revised law, the Lawyers Committee for Human Rights [hereinafter Lawyers Committee] concluded that, "[t]he core deficiency in the Chinese system is the enormous power that the police have to detain suspected criminals."(24)

Arrest without warrant and denial of access to legal counsel is commonplace for Tibetan political prisoners. The Lawyers Committee declared, "[t]he most glaring deficiency of the revised CPL is the discretion it grants the police to use "state secrets" as a justification for denying suspects access to a lawyer during the investigation phase."(25)

Many detainees report being tortured during interrogation to "confess to their crimes" and such confessions are deemed valid legal evidence in Chinese trials.(26) In many political cases, collective trials are held whereby sentences are passed on the whole. Closed trials in cases involving "state secrets" are still permitted under the revised CPL.(27) Despite the enhanced role of trial proceedings in the revised law, the Lawyers Committee states that they "in no way herald China's acceptance of independence of the judiciary."(28)

Dramdul, the 58-year-old head of Dickyi Phodrang, was sentenced to three years imprisonment in October 1996 and is currently in Shigatse Prison. Apparently his "trial" was conducted in the prison. It is believed that Jampel Tendar (see above) was another example of administrative "sentencing" in 1997.

Chadrel Rinpoche, the abbot of Tashi Lhunpo Monastery and the head of the Chinese Search Committee for the Reincarnation of the Panchen Lama, disappeared on May 17 or 18, 1995. He had reportedly been taken into detention by Chinese authorities on suspicion of having communicated with the Dalai Lama regarding the reincarnation. In September 1995, the UN Working Group on Arbitrary Detention referred Chadrel Rinpoche's case to the PRC. The Chinese reply stated that he had "suddenly taken ill and had to be hospitalised".

In contrast, on April 21, 1997, Chinese authorities sentenced Chadrel Rinpoche to six years imprisonment and three years subsequent deprivation of political rights for "plotting to split the country" and for "leaking state secrets". According to Chinese authorities, Chadrel Rinpoche "confessed" to the charges and refused legal representation and, because his case involved "state secrets", his trial was closed to the public. Chadrel Rinpoche has been reported to be currently detained in a top secret cell and denied all outside contact.

There are several cases of prisoners currently detained without charge in Gutsa Detention Centre. Phuntsok Wangdu, a 30-year-old from Meldro Gongkar, Gyama County, was expelled from Ganden Monastery in 1989 and travelled to India. After a short stay in India, he returned to Tibet in 1994 where he became involved in political activities, including the preparation of a prisoners list. He was arrested in Lhasa and for seven months his whereabouts remained unknown. Sonam Dorjee, a 29-year-old Gaden monk from Meldro Gongkar, was first arrested in 1990 for taking part in a demonstration in Lhasa's Barkhor area with a group of 15 monks. After being detained for four to five months in Gutsa Prison, they were released. In June 1996, Sonam Dorjee was again arrested for allegedly carrying explosives and secret documents. A Michungri Nunnery nun was first arrested in August 1991 for demonstrating in the Barkhor area. She was imprisoned in Gutsa for nine months and then in Toelung for a year and three months. She was again arrested in December 1996 for indulging in political activities. Upon arrest she was reportedly handcuffed and manacled for about a month and kept in solitary confinement.

Denial of the Right to Appeal

The right to appeal is recognised in article 14(5) of the International Covenant on Civil and Political Rights (ICCPR). Revisions to China's criminal law makes only minor modifications to its system of appeals and the fundamental problem in the appellate process in China remains: the reluctance of defendants to appeal. The Lawyers Committee has suggested that this may be due not only to the general unsuccessfulness of appeals, but moreover to the discouraging possibility that an appeal will be more unfavourable to the defendant than the original verdict.(29)

Lhakpa Tsering, a 24-year-old former officer of the county procuracy (the Chinese government office responsible for investigating and prosecuting criminal cases) in Toelung Dechen County, Lhasa City, confirms the much-reported futility of the Chinese appeal system in Tibet. He stated, "I know that the procedure of appeal is useless. The appeal system exists solely for the sake of formality and has never been successful."

Gaden Tashi, a former political prisoner in Tibet who was released on medical parole, had lodged an appeal after he was sentenced in January 1989. He was advised to weigh up very carefully the important role of the law of China and the gravity of his offences when making the decision to appeal. His appeal was first sent to the office of the Procuratorate where, after analysis, it was rejected on the basis that he had no valid grounds of appeal. The case was then forwarded to the High Court which automatically endorsed the finding of the Procuratorate, and gave official legal weight to the decision that Gaden's conviction should stand. Gaden, undeterred, sent a total of more than 30 letters of appeal to the address provided while he was in prison but on no occasion did he receive a response.

Gaden also reported the case of Topden who had been convicted on murder charges and was also in Drapchi Prison. Topden appealed three times and after each appeal his sentence was increased. After the third time, his sentence was increased to a life term and he was threatened by Chinese authorities that if he appealed again it would result in his execution.

Tsewang, a 63-year-old man from Lhasa Shol, appealed to the "TAR" People's High Court after being sentenced by the Lhasa City's Intermediate People's court in March 1996 to five years for "stealing state secrets and communicating with western splittist forces". The High Court, in its sentence paper issued on May 30, 1996, stated that, "The High Court regards the previous investigating court's judgement on the defendant Tsewang who had committed espionage crime as reliable, appropriate and just and hence the defendant's appeal has been rejected."

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Last updated: 1-Feb-98