Disappearance


International Law

The "disappeared" are people who have been taken into custody by agents of the State, yet whose whereabouts and fate are concealed, and whose custody is denied.
(37)

Disappearance is a particularly terrifying human rights abuse in that it violates a number of fundamental rights and affects a number of people. Not only is the victim kept in constant fear of his or her fate, family and friends also suffer the mental torture of not knowing whether the victim is alive or dead, where they are being held and unable to go to their assistance. The victim is completely cut off from the outside world and, by simply denying any knowledge of the person, the State can act with impunity. For the same reason, only a limited number of disappearance are exposed each year.

There is no single human rights standard that specifically prohibits disappearance. Rather, it infringes a whole range of human rights contained in international instruments such as the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR), including:

The right to life ( many 'disappeared persons' have been arbitrarily executed or have died in detention as a result of torture or ill-treatment.

The right to liberty and security of the person; the right not to be subjected to arbitrary arrest; the right to a fair trial and the right to recognition as a person before the law.

The right to humane conditions of detention, and the right not to be subjected to torture or to cruel or degrading treatment or punishment.

Disappearances may also constitute grave violations of the rule contained in the Code of Conduct for Law Enforcement Officials and the Standard Minimum Rules for the Treatment of Prisoners, approved by the United Nations Economic and Social Council in 1957. Rule No. 37 states:

Prisoners shall be allowed under necessary supervision to communicate with their family and reputable friends at regular intervals, both by correspondence and by receiving visits.

Cases of Disappearance

On June 30, 1997, seven monks from Pashoe County's Serwa Monastery in Chamdo Region, "TAR", scribbled "Free Tibet" on a Chinese headquarters sign board in Lingkha Chu and staged a protest defying Chinese rule. The monks were: Tashi Phuntsok, 25; Rigzin Choephel, 24; Sherab Tsultrim, 25; Dawa Dorjee, 24; Lobsang Dorjee, 17; Lobsang Damchoe, 16; and Ngawang Choephel, 16. The monks staged another protest the next day, July 1, in the market square in Pashoe County chanting "Free Tibet" and "Restore human rights in Tibet". Soon after they had started, the monks were arrested and taken away by officials from the county's Public Security Bureau. The monks were detained for one month during which they were reportedly tortured. They were then handed over to the authorities of Chamdo. It is not known where they are currently being imprisoned or whether they have been sentenced.

Chakdor Tsering, editor of the Tibetan Journal Daser, was reportedly detained in June 1997 for political reasons. Chakdor is 30 years old and comes from Labrang District in Gansu Province (Tib: Amdo). He attended Sangchu District Primary School in Kan-Lho "TAP" in Gansu Province, joined the Tibetan Teacher's Training School in Tsoe City, Kan-Lho "TAP"in 1989, and completed his studies in 1992. During his studies, Chakdor was under close scrutiny by district security officials and the university's Chinese teachers. He was suspected of holding anti-Chinese views and it was feared that he would stir up trouble in the university. After the completion of his studies Chakdor worked as the editor of Daser, a quarterly Tibetan journal of the Kan Lho "TAP". Since his arrest in June, his whereabouts remain unknown.

Yadong, a popular singer from Chengdu, the capital city of Sichuan Province, is believed to have disappeared since July 1997. Yadong was reportedly arrested during a public ceremony held in Lhasa for the July 1 Hong Kong handover. Yadong had refused to perform his song after a Chinese government official delivered an anti-Dalai Lama speech. Yadong, known for his melodious voice both in Chinese and Tibetan, was once acclaimed as the second best male singer in China during an important song competition. His compositions are mainly related to religion, with many of his songs in praise of the Buddha and the enlightened beings. However, his song 'Khampa Han' (roughly translated as 'Brave Khampa, Tibetan People of the East') was disapproved of by Chinese officials.

Gonpo, a 63-year-old from Bayan (Hualong) County in Tsoshar (Hainan) "Tibetan Mongol Autonomous Prefecture" in Tso-ngon (Qinghai) Province, was arrested on December 25, 1996 by the Public Security Bureau. His detention was officially announced in January 1997, however the term of his sentence and present whereabouts are unknown. Gonpo was reportedly arrested on charges of having contacts with the Tibetan Government-in-Exile based in Dharamsala, India. He graduated from West North National University in Lanzou City, Gansu Province, and was the former Director of Section 5 of the People's Investigation Office of Qinghai Province. Since his retirement he has lived in Siling (Ch: Xining) City, Qinghai Province.

Bagzo, a 58-year-old monk from Chokla Monastery in Rinpung District, Shigatse Region, "TAR", was arrested by PSB officials in July 1996, and his present whereabouts are unknown. Bagzo was alleged to have been in possession of audio cassettes which contained detailed information on the Panchen Lama, and for recording and transcribing news radio broadcasts from Voice of America's Tibetan programme.

Nazod Tulku, head of Nazod Monastery, in the south of Serta County in Karze "TAP", Sichuan Province, was sentenced in August 1996 to six years imprisonment. Nazod Tulku was arrested in March 1996 for printing and distributing environmental protest posters in June 1995, during the anniversary celebrations of China's "Peaceful Liberation" of Tibet. He was detained in Serta County prison for five months, during which time he was subjected to harsh interrogations and severe torture. Some sources say that Nazod Tulku has been transferred to Me-Nyag Ra Nga Prison in Nyag Rong County in Karze "TAP" in Sichuan Province. However, the whereabouts of his current imprisonment is not known.

Chadra, a monk from Shabten Monastery in Nagchu region, "TAR", has been missing since just after Losar (Tibetan New Year) which concluded on February 10, 1997. Chinese officials ransacked Chadra's room and found a picture of the Dalai Lama in his amulet. Chadra and three other monks were subsequently arrested.

Lodroe, a 23-year-old monk of Ramoche Monastery in Lhasa has been reported missing since his arrest at the monastery in August 1996. He was detained for one month in Lhasa and later transferred to Chamdo Prison. At present his whereabouts are unknown. Gedhun Choekyi Nyima, the eight-year-old boy recognised by His Holiness the Dalai Lama as the reincarnation of the Xth Panchen Lama has been missing along with his parents since May 1995. The PRC has admitted that the boy is being held, purportedly "put under the protection of the government at the request of his parents". Yet despite repeated requests from international groups, including the UN Committee on the Rights of the Child, to allow a representative to visit the family, there has been no response from Chinese authorities and the whereabouts of the child and his parents, Konchok Phuntsok and Dechen Choedon, remain unknown. Today Gedhun Choekyi Nyima remains the world's youngest political prisoner. Damchoe Gyatso (27), Jigme Tender (29), Damchoe Kalden (31) and Phuntsok (25) of "Ngarig Kye-tsel Ling" School (English translation: Flourishing Garden of Five Knowledges) at Kumbum Monastery in Amdo (Ch: Qinghai) were accused of publishing a "counter-revolutionary" magazine and were arrested in mid-March 1996. Their whereabouts remain unknown.

Ngawang Choephel, a 30-year-old musician travelling in Tibet, was sentenced to 18 years imprisonment in December 1996 for alleged "espionage" activities. Chinese authorities have refused to disclose his whereabouts.(38)

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Last updated: 1-Feb-98