Follow-up of case CHN 141008_Whereabouts located_Sentencing

Geneva, 17 December 2008

The International Secretariat of the World Organisation Against Torture (OMCT) has received new information in the following situation in the People's Republic of China.

New information

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, that Mr. Wangdue (one name only), a Tibetan HIV/AIDS activist who had disappeared since 14 March 2008, was sentenced to life imprisonment and deprivation of his political rights for life on charges of “endangering state security” by the Lhasa Intermediate People’s Court on 27 October 2008. No further information is currently available on the context of the trial and OMCT fears he has faced an unfair trial.

The exact detention place of Mr. Wandgue could not be ascertained but he might be detained in Sangyip prison (aka “TAR” Public Security Bureau (PSB) Detention Centre) (where individuals convicted of serious political crimes are usually detained). It is not clear where he had been detained since his arrest on 14 March 2008.

In March 2008, a severe crackdown by Chinese security forces had followed protests in Tibet Autonomous Region (TAR) and Tibetan areas of neighbouring provinces. The peaceful protests had started on 10 March 2008, when monks had demanded the easing of a government-imposed campaign which forces monks to write denunciations of the Dalai Lama and subjects them to government political propaganda.

The International Secretariat of OMCT remains gravely concerned for the safety of Mr. Wangdue. OMCT fears he was arrested and sentenced solely for exercising his right to freedom of expression. OMCT further recalls that China is a State party to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment which prohibits torture and cruel, inhuman or degrading treatment. 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.

Brief reminder of the situation

According to the information received, the whereabouts of Mr. Wangdue had remained unknown to his family members since he was arbitrarily arrested by the Lhasa City Public Security Bureau (PSB) officials from his home on 14 March 2008 in Lhasa. No reason for his arrest was reportedly given to his family.

Mr. Wangdue is a former political prisoner initially arrested for his involvement in the March 1989 protest in Lhasa and was later sentenced to three years to Re-education Through Labour (RTL) in Sangyip prison. His prison sentence was reportedly further increased by four years by the Lhasa city Intermediate People’s Court for his involvement in a protest in Sangyip, and he was later transferred to the notorious Drapchi prison in Lhasa where he completed his prison term. Mr. Wangdue was released in 1995.

Mr. Wangdu reportedly later came in contact with the Burnet Institute, an Australian NGO working on an HIV/AIDS awareness program in Lhasa city and worked to create HIV/AIDS awareness in various brothels around Lhasa city, in schools in neighbouring counties and towns, and organised talk series in various nightclubs mushrooming in the holy city.

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. Wangdue;
2. Guarantee immediate and unconditional access to legal representation, his family and any medical treatment he may require;
3. Order his immediate release in the absence of valid legal charges that are consistent with international law and standards, or, if such charges exist, order a full retrial before an independent and impartial tribunal, under conditions which ensure the strictest compliance with fair trial standards enshrined in national and international law and guarantee his procedural rights at all times;
4. Order a thorough and impartial investigation into these events in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
5. 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. 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
• 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

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 embassies of the People’s Republic of China in your respective country.

Geneva, 17 December 2008

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