China
21.02.12
Urgent Interventions

Enforced disapperances of two Tibetan writers

CHN 210212

Enforced disappearances/Risk of torture and ill-treatment

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

Brief description of the situation

TheInternationalSecretariat of OMCT has been informed by The Tibetan Centre for Human Rightsand Democracy (TCHRD), a member of OMCT SOS-Torture Network, about the enforceddisappearances of two Tibetan writers, Mr. GangkyeDrubpa Kyab, 33 years old, and Mr. DawaDorjee, who is in his 20’s. OMCT fears that they may be at risk of torture andill-treatment.

According to the information received, in the night of15 February 2012, Mr. Gangkye Drubpa Kyab, who has also been a teacherfor many years, was arrested at his home in Serta (Chinese: Seda) County, KardzeTibetan Autonomous Prefecture (TAP), Sichuan Province, by about 20 policeofficers. When his wife asked the security officers why and where he was beingtaken, the officers reportedly replied that they had to question him aboutsomething. His whereabouts and fate are currently unknown.

OMCT has also been informed about the enforceddisappearance, since 3 February 2012, of another well known Tibetan writer andadvocate of Tibet’s traditional culture and language from Deru County, NagchuPrefecture, Tibet Autonomous Region (TAR), Mr. Dawa Dorjee. He was reportedlyarrested by Chinese security personnel at Lhasa Gonggar Airport on 3 February 2012, after he participated in a culturalconference in Chengdu city. He was transferred to an unknown destination.Mr. Dawa Dorjee had published the book “Lahm” (English translation: “Road”)which discusses democracy, freedom and human rights.

The International Secretariat of OMCT is gravelyconcerned about the safety of Messrs Gangkye Drubpa Kyab and Dawa Dorjee, as their whereabouts and fate remain unknown.OMCT fearsthat they may be subjected to torture or other ill-treatment. OMCT urges thecompetent authorities to guarantee their physical and psychological integrityat all times, in accordance with international human rights law, in particularthe Convention against Torture and Other Cruel, Inhuman orDegrading Treatment or Punishment, and to immediately locate and disclose their whereabouts.Enforced disappearance and torture and other ill-treatment constitute serioushuman rights violations and are strictly prohibited under international law.

OMCT further calls on the competent authorities to order theirimmediate release in the absence of valid legal charges that are consistent with international law andstandards, or, if such charges exist, bring them promptly before an impartial,independent and competent tribunal and guarantee their procedural rights at alltimes, including immediate and unconditional access to a lawyer of theirchoice.

ActionsRequested

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

i. Immediatelylocate and disclose the whereabouts of Messrs Gangkye Drubpa Kyab and Dawa Dorjee;

ii. Guarantee,in all circumstances, their physical and psychological integrity;

iii. Grant themimmediate and full access to a lawyer of their choice and their families, aswell as guarantee that they are examined by independent doctors and receiveadequate medical care if necessary, in accordance, inter alia, with the UN Standard Minimum Rules for the Treatment ofPrisoners;

iv. Order their immediate release in the absence of validlegal charges that areconsistent with international law and standards, or, if such charges exist,bring them before an impartial, independent and competent tribunal andguarantee their procedural rights at all times;

v. Guaranteetherespect of human rights and the fundamental freedoms throughout the country inaccordance with national laws and international human rights standards.

Addresses

· Mr. WenJiabao, Prime Minister of the People’s Republic of China, Guojia Zongli, TheState Council General Office, 2 Fuyoujie, Xichengqu, Beijingshi 100017,People’s Republic of China, Fax: +86 10 65961109 (c/oMinistry of Foreign Affairs)

· Mr. Wu Aiying, Minister of Justice of thePeople’s Republic of China, Buzhang Sifabu, 10 Chaoyangmen Nandajie,Chaoyangqu, Beijingshi 100020, People’s Republic of China, Fax: +86 10 65292345, minister@legalinfo.gov.cn / pfmaster@legalinfo.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’sRepublic of China, Fax: +86 1063099216

  • Director of the Sichuan ProvincialDepartment 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, 1213Petit-Lancy 2, Suisse, e-mail: mission.china@ties.itu.int, Fax : +41 22 793 7014

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

***

Geneva, 21 February 2012

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