Geneva, 17 April, (Tibet Bureau)- In this update we produce the cases in

Tibet covered by Sir Nigel Rodley, the Special Rapporteur on Torture of the

UN Commission on Human Rights, in his report to the fifty-sixth session this

year.

His report also mentioned many cases in China and Eastern

Turkestan.

The numbers are paragraph numbers of the report.

222. Concerning the situation in Tibet, the Special Rapporteur has

received information on the following individual cases.

223. Ngawang Kyonmed, who was taking care of a shrine in the Drepung

complex in Tibet, and Samdrul, both monks, were reportedly arrested in

September 1998 on suspicion of having prepared a letter addressed to the

United Nations High Commissioner for Human Rights, during her visit to Tibet

in September 1998. The letter is believed to express concern about the

detention of the Panchen Lama, Gendun Choekyi Nyima, as well as details of

the May 1998 protests at Drapchi prison which were mentioned in a

communication by the Special Rapporteur dated 3 September 1998 (see

E/CN.4/1999/61, para. 116). Ngawang Kyonmed was allegedly beaten severely

and detained at the Gutsa detention centre in Lhasa. He were reportedly

transferred to a prison. An urgent appeal was sent on their behalf on 13

January 1999 by the Chairman-Rapporteur of the Working Group on Arbitrary

Detention.

224. Norbu, a 17-year-old monk from Nalanda monastery, was reportedly

arrested along with three fellow monks on 25 February 1995, following a

police raid on the monastery. He is said to have resisted the police who

wanted to search fellow monks' rooms. He was reportedly taken to Phenpo

County Public Security Bureau detention centre. He was reportedly

transferred on 28 February 1995 to Gutsa detention centre in Lhasa city,

where he spent almost a year in incommunicado detention. He was allegedly

brutally interrogated by the prison guards and accused of hiding documents

on Tibet's independence. He was then denied medical treatment, despite the

fact that his health was constantly deteriorating during his detention. In

particular, he is said to have sustained damage to his kidneys. When he was

returned home, in February 1996, he was still in a very serious condition.

He allegedly could not turn his head or bend one of his legs and could not

speak properly anymore. He is said to have died at home in March 1999 from

injuries sustained at the time of his arrest and interrogation.

225. Tashi Tsering reportedly died in the first week of October 1999,

while still hospitalized, allegedly due to the beatings he sustained at the

time of his arrest. Security police officers of the People's Armed Police

(PAP) reportedly beat him so badly that his hands and feet may have been

broken and his arm fractured. His head was struck against the back of a

vehicle and by the time he was dragged into the police van by security

personnel he was unable to walk. It is thought that his head injuries

contributed to his subsequent death in the Tibetan Autonomous Region police

hospital, near Sera Monastery, where he had been immediately rushed. He is

said to have been arrested soon after having lowered the Chinese flag in

Potala Square and attempted to hoist the forbidden Tibetan national flag

during the Minority Games, held in Lhasa, on 26 August 1999.

Urgent appeals and replies received

228. On 1 July 1999, the Special Rapporteur sent an urgent appeal on

behalf of Ngawang Choephel, who reportedly went missing in August 1995 when

he was travelling through Tibet, tape recording traditional Tibetan folk

music. He had reportedly been sentenced to 18 years' imprisonment for

committing espionage. On 19 May 1999, the Working Group on Arbitrary

Detention declared his detention arbitrary. He was reportedly originally

detained at the Nyari detention centre, in Shigatse, but has since been

transferred to the Powo Tramo prison in Tramo county. His health has

allegedly deteriorated since his imprisonment. In particular, since 16

August 1998 he has reportedly been vomiting blood and is suffering from

tuberculosis and a gastric disease. A letter was reportedly written to the

Higher People's Court in China requesting permission for him to have medical

treatment, however no response was received.

229. The Government replied on 15 December 1999 that in September 1998

the Xigaze Intermediate People's Court found Ngawang Choephel guilty of

spying and on charges of separatism and sentenced him to 18 years'

imprisonment, including four years without political rights. The Government

further replied that, on appeal, the Tibet Autonomous Region Higher People's

Court upheld the guilty verdict, after a closed hearing. The Government

advised that the hearing was closed because the case involved State secrets.

The Government further advised that he is currently serving his sentence in

Bomi prison in Tibet. In relation to medical care, the Government replied

that all offenders are entitled to receive free medical care, including

annual check-ups, as well as timely treatment if they become ill. The

Government reported that in October 1998, Ngawang contracted bronchitis, a

lung infection and hepatitis and was treated at the prison hospital for over

two months. He received a check-up in January 1999 which found him to be

showing signs of recovery and he is now recuperating with oral medication.

The Government stated that as in the past, law enforcement authorities are

providing every respect and protection of his rights.

235. On 25 August 1999, the Special Rapporteur sent an urgent appeal on

behalf of Tsering Dorje, a Tibetan translator who had reportedly been

detained with two foreigners, Daja Meston and Gabriel Lafitte, who were

investigating the impact of a World Bank project. It is alleged that the

three men were detained by Chinese State security officials in Xiangride on

15 August 1999. Gabriel Lafitte was reportedly released on 21 August, while

Daja Meston was reportedly seriously injured when he jumped from the third

floor while trying to escape from detention. Tsering Dorje reportedly

remains in detention, although his current whereabouts are unknown. The

Government replied on 7 October 1999 that Tsering Dorje had been employed by

Daja Meston and Gabriel Lafitte from 11 to 14 August 1999 to enter areas in

Dulan county, Qinghai province which were not open to the public, to gather

material for the conduct of illegal activities and to serve as an

interpreter. He was questioned by the Qinghai province State security

officers on 17 August 1999 and was assigned to home surveillance in

accordance with the law on 18 August 1999. The Government further responded

that he had made a confession and signed a statement of repentance, after

which the Qinghai State security organs lifted the surveillance on 24 August

1999. The Government informed the Special Rapporteur that his rights were

fully respected and protected and that no torture or ill-treatment took

place. No information was provided on the other two persons referred to in

the allegation.

236. On 5 November 1999, the Special Rapporteur sent a joint urgent

appeal in conjunction with the Chairman-Rapporteur of the Working Group on

Arbitrary Detention on behalf of Geshe Sonam Phuntsok of Karze Dhargye

Monastry, Agya Tsering and Sonam, three Tibetan monks, who had reportedly

been arrested and detained on 24 October 1999 by officials from the Karze

County Public Security Bureau on suspicion of involvement in political

activities and contact with the exiled Tibetan Government. Their current

whereabouts were unknown. In relation to this case, it was also reported

that officials of the Public Security Bureau opened fire on 300 Tibetans

during a peaceful demonstration demanding the release of the above-mentioned

monks. At least 10 demonstrators were reportedly arrested, although their

identities and the exact location of their detention were not known.

Follow-up to previously transmitted communications

237. By letter dated 24 February 1999 the Government responded to an

urgent appeal sent by the Special Rapporteur on 10 December 1998, in

conjunction with the Special Rapporteurs on freedom of opinion and

expression, and on violence against women (see E/CN.4/1999/61, para. 126).

The Government indicated that Ngawang Sangdrol was sentenced in November

1992 by the Lhasa Municipal Intermediate People's Court to three years'

imprisonment, including one year with no political rights for committing

actions that imperiled the security and unity of the State. The Government

further replied that after she was admitted to the Tibet Autonomous Region

Prison she repeatedly engaged in separatist activities for which her

sentence was increased by the court three times (June 1993, June 1996 and

October 1998) to a total of 15 years' imprisonment and deprivation of

political rights for three years. It indicated that she had refused to

submit to discipline in prison, but that her rights were being fully

respected, including the right to maintain health and to report any alleged

ill treatment by prison staff to the Procurator's Office or court. The

Government denied that she had been subjected to any beatings or

ill-treatment by prison guards or that her physical condition was

deteriorating. It replied that all prisoners received free medical

treatment, including annual check-ups, and were given timely care in the

event of illness. The Government also replied that all female inmates at the

prison were supervised by female guards, and that the claim that Buddhist

nuns are subjected to sexual violations was entirely untrue and malicious.

In relation to alleged violent demonstrations inside Drapchi prison in May

1998, the Government replied that no such incidents had taken place. The

Government stated that there had not been a demonstration by offenders since

the Tibet Autonomous Region Prison was founded.

238. Concerning Ngawang Choesom, the Government reported that there was

no person named Ngawang Choesom at the Tibet Autonomous Region Prison.

Observations

239. By letter of 15 February 1999, the Government formally invited the

Special Rapporteur to undertake a visit to the country in the second half of

1999 or the first half of 2000. At the time of writing, the Special

Rapporteur was still awaiting confirmation of specific dates that had been

under discussion with the Permanent Mission of China.