China
09.04.09
Urgent Interventions

China: Allegations of ill-treatment against farmers in Drango County

Case CHN 090409
Allegations of ill-treatment/ Fear for safety/ Risk of lack of an effective investigation

The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in the People’s Republic of China.

Brief description of the situation

The International Secretariat of OMCT has been informed by The Tibetan Centre for Human Rights and Democracy (TCHRD), a member of OMCT SOS-Torture Network, about the severe ill-treatment, including beatings, of fourteen farmers from Drango County, Kardze "Tibetan Autonomous Prefecture" ("TAP"), Sichuan Province, of which only Pema Lhamo, Yali, Palchen, Khe-Tsar (from Kya-lam Village) and Choekyi (all men) are identified.

According to the information received, on 27 March 2009, the above mentioned individuals were arrested and severely ill-treated after they had refused to till their farmlands by Chinese security forces. They are currently hospitalized but remain under police surveillance. No charges are known to have been brought against them but some of them were allegedly forced to sign documents without knowing their content.

According to the same information, their exact health conditions could not be ascertained, but it is reported that Khe-Tsar sustained severe injuries affecting his mental health. They are now reportedly allowed to receive family visits.

The International Secretariat of OMCT is gravely concerned for the safety of all the above mentioned individuals. OMCT is also preoccupied with regard to the circumstances of their arrest. OMCT recalls that China is a State party to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment which prohibits torture and cruel, inhuman or degrading treatment. OMCT urges the authorities to conform with China’s international human rights obligations, commitments that were reaffirmed on the occasion of its election as a member of the new United Nations Human Rights Council.

Actions Requested

Please write to the authorities in the People’s Republic of China urging them to:

  1. Guarantee, in all circumstances, the physical and psychological integrity of Pema Lhamo, Yali, Palchen, Khe-Tsar and Choekyi;
  2. Guarantee immediate and unconditional access to a legal representation of their choice;
  3. Order their immediate release in the absence of valid legal charges that are consistent with international law and standards, or, if such charges exist, bring them before an impartial, independent, competent and fair tribunal and guarantee their procedural rights at all times;
  4. Call upon the competent authorities to carry out a prompt, effective, thorough, independent and impartial investigation into these events, in particular the allegations of ill-treatment, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;
  5. Ensure that adequate reparation is provided to the victims;
  6. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

  • Mr. Wen Jiabao, Prime Minister of the People’s Republic of China, Guojia Zongli, The State Council General Office, 2 Fuyoujie, Xichengqu, Beijingshi 100017, People’s Republic of China, Fax: +86 10 65961109 (c/o Ministry of Foreign Affairs)
  • Mr. Wu Aiying, Minister of Justice of the People’s Republic of China, Buzhang Sifabu, 10 Chaoyangmen Nandajie, Chaoyangqu, Beijingshi 100020, People’s Republic of China, Fax: +86 10 6529 2345, minister@legalinfo.gov.cn / pfmaster@legalinfo.gov.cn
  • Mr. Yang Jiechi, Minister of Foreign Affairs of the People’s Republic of China, Buzhang Waijiaobu, 2 Chaoyangmen Nandajie, Beijingshi 100701, People’s Republic of China, Fax: +86 10 6588 2594, Email: ipc@fmprc.gov.cn;
  • Mr. Meng Jianzhu, Minister of Public Security of the People’s Republic of China, Buzhang, Gong’anbu, 14 Dongchang’anjie, Dongchengqu, Beijingshi 100741, People’s Republic of China, Fax: +86 10 63099216
  • Mr. Ma Zhenchuan, Director of the Beijing Public Security Bureau, Juzhang, Beijingshi Gong’anju, 9 Qianmen Dongdajie, Dongchengqu, Beijingshi 100740, People’s Republic of China, Fax: +86 10 85222320, Email: wbjc2sohu.com

Director of the Sichuan Provincial Department of Justice, Sifating, 24 Shangxiznglu, Chengdushi 610015, Sichuansheng, People's Republic of China

Permanent Mission of the People’s Republic of China, Ch. De Surville, CP 85, 1213 Petit-Lancy 2, Suisse, e-mail: mission.china@ties.itu.int, Fax : +41 22 793 70 14

Please also write to the embassies of the People’s Republic of China in your respective country.

Geneva, 9 April 2009

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.