Tibetan Centre for Human Rights and Democracy

Press

3 November 2008 [Press Release]

China sentences 14 Tibetans for March unrest in Tibet

China state media, Xinhua, reported on 29 October that, three county courts of the "Tibet Autonomous Region" ('TAR') sentenced 14 Tibetans to varying prison terms on alleged crimes ranging from endangering public security, robbery, smashing or looting and creating disturbances in so called "March riot".

According to the report, "Tenzin Yeshi, Tashi Namgyal and Gaden Chodak (a.k.a Gaden) of Gachoe Monastery were involved in spearheading a violent riot on 14 March 2008 in Phenpo Lhundup County (Ch: Linzhou Xian)". The report cited that, "Tenzin Yeshi and Tashi Namgyal were arrested from the site of the riot by the Public Security Bureau (PSB) officials whereas Gaden Chodak managed to escaped from the site and reached his Monastery, where he later instigated other monks, Lobsang Tsemey (lay name: Passang), Tenpa Dhondup and Lobsang Theychu (lay name: Tashi Norbu) to jointly prepare 'independence' leaflets to cause unrest. On the next day, forty monks of the monastery headed by Lobsang Tsemey led a demonstration towards Phenpo Lhundup County PSB Headquarters".

The report gave detail account of the Tibetan protestors by saying, "On the same day, Doloe, Lhakdon and Dorjee Dolma planned and led monks of Sha Monastery, nuns of Podo Nunnery and around 10 farmers from Dendong Village in Phenpo Lhundup County to join the protest which also headed towards County headquarters". According to the report, "they were involved in 'arson, looting, killing, disrupting public order and assaulting government offices among other crimes. Dorjee Dolma was convicted of taking notes of the names of all the nuns and writing leaflets with a plan of sending them to overseas 'Dalai clique'."

Phenpo Lhundup County People's Court sentenced Lobsang Tsemey and Doloe to 15 years' imprisonment with deprivation of political rights for five years and monetary fine of 2000 yuan each for violating article 289, 263(4) and 293 of the Chinese Criminal Law. Whereas, Gaden Chodak, Lhakdon, Tenpa Dhondup, Lobsang Kheychu, Dorjee Dolma, Tenzin Yeshi, Tashi Namgyal were sentenced between 5- 14 years' of imprisonment by the same court, according to the court verdict mentioned in the report.

The same official report cited that the Chushul County (Ch: Qushui Xian) People's Court sentenced two Tibetan monks of Ratoe Monastery to 5 and 9 years' jail term for their involvement in March 15 'riot' at Chushul County government headquarters. Ratoe Monastery is located in Nethang Township, Chushul County, "TAR". The report said, "On the evening of 15 March, around 10 monks led by Lobsang Tsephel, Tsenam of Ratoe Monastery protested towards Nethang Township government offices. They ransacked and destroyed nearby properties of Shangthungda Petrol Station. Lobsang Tsephel set aflame to a bike parked outside the station office while Tsenam added tyre on the burning bike and attempted to push the burning bike under a nearby oil tanker which was successfully thwarted by timely intervention of the security officials. They were convicted under the article 118 of the Chinese Criminal Law of sabotaging gas facility and endangering public security". The court sentenced Lobsang Tsephel to 9 years' imprisonment term whereas Tsenam was sentenced to 5 years' jail term.

Similarly in another verdict, the Lhasa Municipality Court sentenced Phuntsok Tenpa, Phuntsok and Phuntsok Drakden to varying jail sentences of 3 years and 9 months, 2 years and 9 months, and 2 years 6 months respectively for their crimes of "obstructing the administration of public order by vandalizing public properties, looting, arson, insulting the national flag, disrupting public order as per the article 277 and 293 of the Chinese Criminal Law."

Earlier this month, Chinese people's court in Chamdo has sentenced eight Tibetan monks from Tongxia Monastery for allegedly bombing a government building in Gyanbe Township, Chamdo Prefecture during the March unrest.

The Tibetan Centre for Human Rights and Democracy (TCHRD) strongly expresses its shock and dismay at the lengthy prison sentences handed down to 14 Tibetans. The Centre is aware that case had been carried out without adequate legal oversight or due process that the detainees were denied access to family and legal counsel and in some cases held incommunicado for a long period of time. Such actions call for urgent need of international media and independent agencies be allowed immediate unfettered access to all Tibetan areas to investigate the real situation.

In a sophisticated move to divert the direction of Tibetan people's call for more freedom and human rights in Tibet, the recent court verdicts indicates authorities attempts to 'criminalize' the Tibetan people's protest. It was clear that some of the protests which turned violent have resulted in the injury, damage to property and lives. TCHRD condemns such attacks and acknowledges the Chinese authorities' right and duty to protect all individuals against violence, however, TCHRD is concerned that in restoring order, the Chinese authorities have resorted to measures, which violate international human rights law and standards. These have reportedly included unnecessary and excessive use of force, intimidation, arbitrary detentions and enforced disappearance. While such measures may help to quell protest in the short-run, the Centre is highly concerned that such violations will only stoke up further hostility, compromising any future effort to address legitimate grievances held by many Tibetans over Chinese government policy of Tibet.