Fear for the safey of five individuals, including two minors, who were arrested after staging peaceful protests in Kham region

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 and detention of five individuals, including two minors, after they carried out peaceful protests in Sertha County, in Kham region. OMCT fears that these five individuals may be at risk of torture and ill-treatment.

According to the information received, on 30 March 2010, two teenage monks studying at Larung Gar Buddhist Institute in Sertha, namely 16-year-old Tenzin Gyamtso of Nedo Monastery in Dzatoe County, and 15-year-old Gawa Wangchen Topgyal of Jeytrung Monastery in Dzatoe County, were arrested by security forces in plain clothes after they staged a protest at the Sertha County market square. They reportedly wore the banned Tibetan national flag and shouted slogans calling for the swift return of the Dalai Lama to Tibet, independence for Tibet and human rights for Tibet. Both would be currently detained in Sertha County Public Security Bureau (PSB) Detention Centre. OMCT has been informed that their families were not given permission to visit them in custody.

According to the same information, the following individuals were also arrested by Chinese security forces after staging similar protests:

• Ugyen Namgyal, (20 years old) from Choktsang village in Sertha County, was arrested on 2 April 2010. PBS officials allegedly beat him before arresting him. His current whereabouts could not be ascertained;
• Tulku Namgyal, (19 years old) of Taglung Monastery in Choktsang village, was arrested on 4 April 2010. He reportedly threw into the air handwritten pamphlets calling for the independence of Tibet, the swift return of the Dalai Lama and the respect for human rights in Tibet. His current whereabouts could not be ascertained;
• Thakchoe, (20 years old) from Choktsang village was arrested on 5 April 2010 after he raised the banned Tibetan national flag and shouted slogans. His current whereabouts could not be ascertained.

Two unidentified monks of the Larung Gar Buddhist Institute in Sertha were also reportedly arrested on 31 March 2010 after staging a protest, as well as another unidentified individual from Choktsang village, who was arrested on 3 April 2010. No information is currently available on their identity and whereabouts.

The International Secretariat of OMCT is gravely concerned about the safety of the abovementioned individuals 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 and the Convention on the Rights of the Child. In this regard, OMCT is particularly concerned about the fate of Tenzin Gyamtso and Gawa Wangchen Topgyal. Indeed, both are legally children under international law and should be treated accordingly, which is reportedly not the case.

As stated by the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment in his latest report, “detainees are under a particularly high risk of being tortured when held in police custody (…). In order to keep this critical phase as short as possible, international human rights law requires that any person arrested or detained on the suspicion of having committed a crime has to be brought “promptly” before a judge or another officer authorized by law to exercise judicial powers” (§88 A/HRC/13/39/Add.5).

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 Tenzin Gyamtso, Gawa Wangchen Topgyal, Ugyen Namgyal, Tulku Namgyal and Thakchoe;
2. Grant the abovementioned individuals immediate and 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.

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: wbjc@sohu.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, 09 April 2010.

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