Fear for the safety of two monks arbitrarly arrested

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 arbitrary arrest of three monks of Ditsa Monastery, namely Mr. Tulku Woeser (age unknown) from Bayan, Hualong, Haidong Prefecture, Qinghai Province, Mr. Yeshi (20 years old) and Mr. Jamyang (19 years old), both from Lobha Gyatsa Village, Tsigorthang County, Qinghai Province. While Mr. Tulku Woeser was later released, OMCT fears that Mr. Yeshi and Mr. Jamyang may be at risk of torture and ill-treatment.

According to the information received, on 14 March 2010, Mr. Yeshi and Mr. Jamyang, along with Mr. Tulku Woeser, were arrested by the Public Security Bureau (PSB) and the Peoples Armed Police (PAP) at Ditsa Monastery, which is located in Bayan County, Haidong Prefecture, Qinghai Province, under suspicion of having pasted pamphlets calling for the swift return of the Dalai Lama to Tibet and the end of the repression in Tibet, around Ditsa Monastery. They were then taken to Hualong PSB office for questioning.

According to the same information, Mr. Tulku Woeser was released after two days, allegedly due to his poor health condition, but Mr. Yeshi and Mr. Jamyang remain detained at Hualong PSB office. At the time of issuing this urgent appeal, no information on the conditions of detention and the possible charges brought against them was available.

The arrests of Mr. Tulku Woeser, Mr. Yeshi and Mr. Jamyang occurred in the midst of an operation by the above mentioned Chinese security forces following which the monastery was cordoned and the Sherig Rinchen Norling school, which is run by the monastery, was forcibly closed for unknown reason. Some security forces remain currently stationed at the monastery.

The International Secretariat of OMCT is gravely concerned about the safety of Mr. Yeshi and Mr. Jamyang and recalls to the competent Chinese authorities that China is legally bound to effectively ensure the physical and psychological integrity of all persons deprived of liberty in accordance with international human rights law, and in particular, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

OMCT is also seriously preoccupied about their arrest, as it appears to be solely based on their peaceful political and religious beliefs and the exercise of their rights to freedom of expression. OMCT calls on the competent authorities to 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 promptly before an impartial, independent and competent tribunal and guarantee their procedural rights at all times, including immediate and unconditional access to a lawyer of their choice.

Finally, 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 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 Mr. Yeshi and Mr. Jamyang;
2. Grant Mr. Yeshi and Mr. Jamyang unconditional access to a lawyer of their choice and their families, as well as guarantee that they are examined by independent doctors and receive adequate medical care if necessary, in accordance, inter alia, with the UN Standard Minimum Rules for the Treatment of Prisoners;
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 and competent 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, 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 an effective remedy be granted to the victims concerned;
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. 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, 22 March 2010

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