PRESS STATEMENT January 10, 1997

Lobsang Nyandak - Executive Director

Tsering Tsomo - President

Tibetan Centre for Human Rights & Democracy Tibetan Women's Association

After 15 months of detention without charge, Ngawang Choephel, a 30 year old Tibetan music teacher was sentenced to 18 years prison term and 4 years subsequent deprivation of political rights on December 26th 1996. The Intermediate People's Court of China in Shigatse, Tibet which sentenced Ngawang Choephel, charged him of "spying for the Tibetan Government-in-Exile". He was further accused of travelling to "Lhasa, Lhoka (Ch: Shannan), Kongpo (Ch: Nyingchi) and Shigatse (Ch: Xigaze) to carry out his espionage activities, in an attempt to provide the information gathered to the Dalai Clique's Government-in-Exile and to an organisation of a certain foreign country". China previously confirmed the "certain foreign country" as the United States of America.

Ngawang Choephel allegedly "confessed" to the above mentioned activities.

Ngawang Choephel, a former Fulbright scholar at Middlebury College in Vermont, USA was first reported missing in August 1995, a month after he travelled to Tibet. He was working on making a documentary film about traditional Tibetan music and culture.

Then on October 15, 1996, over a year since Ngawang Choephel's detention, the Chinese authorities finally admitted to his detention. Mr Shao Wenguang, the Counsellor of the Chinese Embassy in Washington D.C. said in a letter to members of the US Congress that Ngawang had been detained on charges of spying for the exile Government of the Dalai Lama. The Embassy also said that Ngawang was suspected of violating Article 4, Section 2 (5), of the Chinese State Security Law, an espionage statute. "The judicial Department of the Tibetan Autonomous Region is handling his case according to law."

Ngawang Choephel's travel to Tibet has no political objectives whatsoever.

In a letter addressed to a relative in Dharamsala, India, Ngawang wrote:

"My main reason to go into Tibet is to research and collect as many folk songs as I could. Anyhow, I'm determined to do what I am supposed to rather than any political activities and propaganda". In his original signed submission, of a project proposal to a sponsor, Ngawang states the goal "of creating a film that both examines the causes of the decay of Tibetan culture and documents and preserves the remaining oral and cultural traditions... In order to prepare for footage in Tibet, an organisational solo trip will also be necessary".

"These two documents illustrate the glaring inconsistencies in the claims of the People's Republic of China. China's accusation that Ngawang Choephel was sent by the Tibetan Government-in-Exile is totally baseless and refutable," said Mr Lobsang Nyandak, Executive Director of the Tibetan Centre for Human Rights and Democracy. He further stated, "these documents personally signed by Ngawang prove that his visit to Tibet was purely cultural and bear no evidence of his involvement in any political activities. Furthermore, the true motive of Ngawang's visit to Tibet has been testified by concerned people who have assisted and funded him to undertake research on traditional Tibetan music and folk dances."

According to Ms Tsering Tsomo, President of the Tibetan Women's Association, "Ngawang Choephel's case is one of hundreds of Tibetans who are arbitrarily detained for expressing their rights. The severity of his punishment is astounding in the face of China's failure to provide any accurate evidence to support the charges. Ngawang Choephel's detention for the past 15 months without any charges reinforces the arbitrary and politicised nature of the Chinese judicial system."

China's accusation of Ngawang's "engaging in illegal separatist activities and violating China's law" may as a result of torture endanger his life while in prison. In Tibet, between 1995 and 1996 alone, 8 known cases of deaths in custody due to torture have been recorded. Over the years, we have collected several evidence that in Tibet, confessions are forced through torture. Torture is employed during interrogations as a means of obtaining confessions and a person's guilt is determined during his or her interrogation.

Lobsang Nyandak said, "Ngawang Choephel's detention and sentence without a fair trial, deprived of proper legal representation constitutes a violation of his human rights as stated under Article (9), (10) and (19) of the Universal Declaration of Human Rights. China has conducted the trial in total secrecy. They have given no evidence to support the charges." He further stated, "We call upon the Government of China to allow an independent tribunal to investigate the case of Ngawang Choephel and give him a fair trial."

Today, over 800 known Tibetan political prisoners are suffering in various Chinese prisons in Tibet. Even the seven year-old Panchen Lama, along with his parents, is currently being held by the Chinese authorities. Political prisoners like Lobsang Tenzin and Jigme Gyatso are serving life sentences while 70 year-old Tanak Jigme Sangpo is serving 28 years prison sentence. Nuns like Phuntsok Nyidron and Ngawang Sangdrol are serving over 17 years prison sentences for expressing their views.

Ms. Tsering Tsomo urged the Chinese Government to allow Ngawang Choephel's mother to visit her only child. Ms Tsomo said, "for Sonam Dekyi, mother of Ngawang Choephel, her son's imprisonment is not a political issue." She further added "Ngawang Choephel's detention and sentence is a source of great concern for all Tibetans in exile who travel to Tibet each year to meet relatives or on pilgrimage."