Enforced disappearance of Mr. Tsayul Kelsang Gyatso, a monk from Labrang Monastery in Sangchu County, Tibetan Autonomous Prefecture (TAP), Gansu Province_Fear for safety

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 enforced disappearance, since 22 May 2009, of Mr. Tsayul Kelsang Gyatso, a monk from Labrang Monastery in Sangchu County, Kanlho, Tibetan Autonomous Prefecture (TAP), Gansu Province.

According to the information received, on 22 May 2009, Mr. Tsayul Kelsang Gyatso was taken from his residence during a raid carried out by a large number of Sangchu County Public Security Bureau (PSB) forces at Labrang Monastery. He was reportedly taken with his head covered with black clothes by the security forces. While the exact reasons of his arrest remain unknown, Mr. Tsayul Kelsang Gyatso had been reportedly closely watched and followed by security forces before his arrest.

According to the same information, since his arrest on 22 May 2009, his whereabouts and conditions of detention have remained unknown. PSB has reportedly failed to provide any information to his family and relatives.

The International Secretariat of OMCT is gravely concerned for the safety of Mr. Tsayul Kelsang Gyatso, as his whereabouts remain unknown, raising fears that he may be subjected to torture, other ill-treatment and/or extra-judicial killing.

OMCT urges the Chinese authorities to guarantee the physical and psychological integrity of Mr. Tsayul Kelsang Gyatso at all times in accordance with international human rights law, in particular the provisions of the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and to take all necessary measures to immediately locate his whereabouts.

OMCT is all the more concerned about these events since it is not the first case of enforced disappearance of a monk that OMCT has reported since the beginning of 2009[1]. The whereabouts of two monks also from Labrang Monastery, who were arrested during a raid on 14 May 2009, still remain unknown[2].

Actions Requested

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

1. Immediately locate the whereabouts of Mr. Tsayul Kelsang Gyatso;
2. Guarantee, in all circumstances, his physical and psychological integrity;
3. Guarantee immediate and unconditional access to a lawyer of his choice, his family and any medical treatment he may require;
4. Order his immediate release in the absence of valid legal charges that are consistent with international law and standards, or, if such charges exist, bring him before an impartial, independent, competent and fair tribunal and guarantee his procedural rights at all times;
5. Call upon the competent authorities to carry out a prompt, effective, thorough, independent and impartial investigation into these events, 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;
6. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards, in particular the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

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
• 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, 13 July 2009

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

[1] See OMCT urgent appeals CHN 030609 and CHN 160209.

[2] See OMCT urgent appeal CHN 030609.