Death in detention of Ms. Yangkyi Dolma
New information
CHN 003 / 0409 / OBS 059.1
Death in detention / Arbitrary detention
People’s Republic of China
December 7, 2009
The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), has received new information and requests your urgent intervention in the following situation in the People’s Republic of China (PRC).
New information:
The Observatory has been informed by the Tibetan Centre for Human Rights and Democracy (TCHRD) about the death in detention, under mysterious circumstances, of Tibetan nun Ms. Yangkyi Dolma, from Kardze, Tibetan Autonomous Prefecture (TAP), Sichuan Province. Ms. Dolma was detained since March 24, 2009, for staging a peaceful protest (see background information).
According to the information received, on December 6, 2009, Ms. Yangkyi Dolma, 33-year-old, died in the early morning at Chengdu hospital. As of issuing this urgent appeal, her body had reportedly not been handed over to her family and no information could be obtained on whether an autopsy was carried out to ascertain the cause of her death.
On December 3, Kardze County Public Security Bureau (PSB) officials had informed Ms. Yangkyi Dolma’s family members about her critical health conditions at Chengdu Government hospital.
On August 24, the Kardze County security forces had handed over Ms. Yangkyi Dolma to Kardze Intermediate People’s Court. However, no information could be obtained on whether she was formally tried by the court or not.
According to the information received, Ms. Sonam Yangchen, another nun who was arrested together with Ms. Yangkyi Dolma (see background information), was also reportedly handed over to the same Court. No information on her status, physical and mental wellbeing could however be obtained as of issuing this urgent appeal.
The Observatory expresses its deep concern about Ms. Yangkyi Dolma’s death in detention, as well as with the circumstances of her death. Accordingly, the Observatory calls upon the Chinese authorities to carry out a thorough and impartial investigation into Ms. Yangkyi Dolma’s death, in order to identify all those responsible, bring them before a civil competent and impartial tribunal and apply to them the penal sanctions provided by the law.
Background information:
On March 24, 2009 at 3 pm, Ms. Yangkyi Dolma and Ms. Sonam Yangchen staged a peaceful protest at the Kardze County main market square, shouting slogans calling for human rights for Tibetans, religious freedom in Tibet and the swift return of the Dalai Lama to Tibet. Ms. Yangkyi Dolma distributed handful of handwritten pamphlets during the short protest. The Chinese People’s Armed Police (PAP) immediately arrested the two nuns and beat them indiscriminately with rods and electric batons before driving them away in a security vehicle.
Following the incident, at around 7 pm, a group of security forces stormed into Ms. Yangkyi Dolma’s family home, and rebuked the family members for “being the supporters of separatist forces”.
Early in the morning of March 25, 2009, two members of the Chinese security forces arrived at Ms. Yangkyi Dolma’s home and requested her brother Mr. Tsangyang Gyatso to report at the Kardze County Government headquarters, where he was rebuked and warned about his sister’s activities.
Actions required:
Please write to the Chinese authorities urging them to:
- Carry out a prompt, effective, thorough, independent and impartial investigation into Ms. Yangkyi Dolma’s death, the result of which must be made public, in order to bring all those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;
- Guarantee in all circumstances the physical and psychological integrity of Ms. Sonam Yangchen;
- Release Ms. Sonam Yangchen immediately and unconditionally since her detention is arbitrary, as it seems to merely aim at sanctioning her human rights activities;
- Guarantee that adequate reparation is provided to Ms. Yangkyi Dolma’s relatives;
- Put an end to all acts of harassment against all human rights defenders in China;
- Conform with the provisions of the UN Declaration on Human Rights Defenders, especially its article 1, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels”, its article 6(b), which states that “everyone has the right, individually and in association with others (...) to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms”, as well as Article 12.2, which provides that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”;
- Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by the People’s Republic of China.
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)
- Ms. 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
- Ambassador Sha Zukang, Permanent Mission of the People’s Republic of China, Chemin de Surville 11, P.O. Box 85, 1213 Petit-Lancy 2, Geneva, Switzerland, Fax: +41 22 7937014, E-mail: mission.china@ties.itu.int;
- Embassy of the People’s Republic of China in Brussels, Avenue de Tervuren, 463 1160 Auderghem, Belgium, Tel: + 32 2 663 30 10 / + 32 2 663 30 17 / +32 2 771 14 97 / +32 2 779 43 33; Fax: +32 2 762 99 66 / +32 2 779 28 95; Email: chinaemb_be@mfa.gov.cn.
Please also write to the diplomatic mission or embassy of the People’s Republic of China in your respective country.
Geneva - Paris, December 7, 2009
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need. The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.
To contact the Observatory, call the emergency line:
- E-mail: Appeals@fidh-omct.org
- Tel and fax OMCT + 41 22 809 49 39 / + 41 22 809 49 29
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