Annual Report, 1999 - Tibet: Tightening of Control
In 1986, the Chinese government signed the UN Convention
against Torture and Other Cruel and Inhuman or Degrading
Treatment (CAT) and ratified it in October of 1988. Since
the Chinese government signed the convention, at least 69
Tibetan political prisoners have died as a direct result
of maltreatment and torture. In 1999, 10 deaths due to
torture were reported and six of them occurred this year.
Various forms of torture are commonly used to extract
confessions and force prisoners to reveal the names of
"accomplices," "organisations" or "foreign associates".
The International League for Human Rights has noted,
"torture and other types of mistreatment appear to be
particularly common when such individuals are detained for
several weeks or months without trial, and in the period
prior to the filling of formal charges against prisoners
who are prosecuted. In both instances, violence is used
as an integral part of the interrogation process."
The methods of torture most commonly used include:
beatings, shocks with electric batons on the face,
genitals, soles of the feet or in the mouth, the use of
handcuffs, shackle or rope to secure prisoners in positions
deliberately intended to inflict pain, deprivation of
sleep or food, exposure to cold and being made to adopt
exhausting physical postures, including standing for hours
on end.
In 1998, Amnesty International, expressed their concern
about the situation in Tibet stating that torture and ill
treatment of detainees and prisoners held in detention
centres, prisons and labour camps remained widespread,
sometimes resulting in death. According to Physicians
for Human Rights, the frequency of torture including
psychological abuse, beatings, rape, use of electric
cattle prods, and prolonged period of starvation suggest
that torture is part of a widespread pattern of abuse. The
Chinese authorities in Tibet also use torture as "a means
of political repression, punishment, and intimidation."
Another form of torture inflicted on Tibetan prisoners is
the denial of adequate medical care. The US Department
of State, in its 1998 Country Report on Human Rights
Practices in China found that "adequate, timely medical
care for prisoners continues to be a serious problem,
despite official assurances that prisoners have the right
to prompt medical treatment if they become ill."
Torture and other forms of ill treatment occur throughout
the incarceration process: upon arrest, during transport
to detention facilities, in detention centres and in
prisons. The UN Special Rapporteur on Torture in 1997
expressed his concern to the Chinese government noting
that he had continued to receive reports of the practice
of torture was endemic to police stations and detention
centres in Tibet.
Torture is commonplace for Tibetans imprisoned throughout
Tibet, including Kham and Amdo (Chinese: Sichuan, Yunnan,
Gansu and Qinghai Provinces). According to Human Rights
Watch, "[p]rison conditions in Tibet, as in China,
were said to be poor, frequently resulting in prisoners'
ill-health. Some prisoners were also believed to have died
as a result of punishment."
Minors detained in prisons and detention centres in Tibet
are not exempt from torture. Beatings and other forms of
abuse have been documented following their arrests.
Article 3 of the Universal Declaration of Human Rights guarantees:
Everyone has the right to life, liberty and security of person.
Article 7 of the International Covenant on Civil and
Political Rights (ICCPR) proclaims:
No one should be subjected to torture or to cruel, inhuman
or degrading treatment or punishment ...
On October 4, 1988, China ratified the UN Convention
against Torture and Other Cruel and Inhuman or Degrading
Treatment (CAT). Article 2(1) of the convention states:
Each State Party shall take effective legislative,
administrative, judicial or other measures to
prevent acts of torture in any territory under its
jurisdiction.
Article 22 (2) of the Standard Minimum Rules for the
Treatment of Prisoners (SMRTP) stipulates that:
Sick prisoners who require specialist treatment shall
be transferred to specialized institutions or to civil
hospitals ...
Despite these guarantees, China has not brought its
national law into conformity with international law. The
UN Committee against Torture has expressed concern about
China’s “failure to incorporate the crime of torture
into the domestic legal system, in terms consistent with
the definition contained in Article 1 of the Convention
[CAT].” Torture has been and continues to be applied
routinely and on a wide-scale throughout China.
The definition of "torture" in the CAT, is much wider in
scope than "extortion of confession by torture", which
is an offence under the Criminal Law of China. Amnesty
International has expressed concern that "very few of
the safeguards against torture provided in various
international instruments are effectively available
in China and that neither the methods followed for the
investigation of allegations of torture nor the results
of such investigations are made public."
All of the prisoners who died in 1999, died as a direct
result of the actions of Chinese authorities. In the
aforementioned cases, denial of adequate medical care was
proceeded by torture and ill treatment.
Torture is commonly employed against prisoners to obtain
confessions, although Article 247 of the Criminal Law of
the People's Republic of China stipulates:
Judicial workers who extort a confession from criminal
suspects or defendants by torture. Or who use force to
extract testimony from witnesses, are to be sentenced
to three years or fewer in prison or put under criminal
detention ...
The Criminal Law provides imprisonment of up to three years
for the torturer more if the victim suffers injury. There
are no known cases of any "TAR" officials being prosecuted
in connection with allegations of torture. Article 43 of
the CPL repeats the prohibition of extortion of confessions
by torture, threats, enticement, deceit or "other unlawful
methods". The regulations on detention centres, which came
into force in March 1990, provides that:
... beating and verbal abuse, corporal punishment
and maltreatment of 'offenders' are strictly
forbidden.
The revised CPL, which came into effect in October of 1997,
outlaws certain forms of torture. The use of torture to
punish, intimidate or coerce are still employed legally;
although prohibited under international law.
The International Rehabilitation Council for Torture
Victims (IRCT) observed that despite the imposition of laws
barring torture by prison personnel enshrined in Article
14 of the 1994 Chinese Prison Regulations abuses continue.
These abuses include: the extortion of confessions through
torture, inflicting corporal punishment or maltreating
prisoners, subjecting prisoners to indignity and beating
up prisoners or failing to take action when other people
beat up prisoners. IRCT notes in the victims defence,
that "if one looks at the Criminal Law, it is clear that
not all these actions constitute crimes."
In Tibet, prisoners are denied timely and effective
medical attention. Reports indicate that conditions
of prisoners often deteriorate due to harsh conditions
or ill-treatment. Only when the prisoner’s conditions
become critical do they receive medical attention, and
often there is very little chance for recuperation. In
documented cases, authorities have released prisoners on
medical parole rather than have them die while in detention
or in prison; thereby attempting to avoid responsibility.
TCHRD has 69 deaths since 1987, which have occurred in
prisons or immediately after release from prison, either
in hospitals, or at the victim's residence. The injuries
leading to the victims' death were caused by the torture
they received while in prison.
The most recent case of torture in Tibet is
Tashi Tsering
(39)
who died in the first week of October 1999, due
to beatings sustained at the time of his arrest.
Tashi Tsering was arrested within minutes of lowering the Chinese
flag and attempted to replace it with a Tibetan flag on
August 26, 1999 in front of the Potala Palace during the
National Minority Games held in Lhasa. He reportedly had
an explosive device attached to his body, which failed to
explode due to the wet weather. PAP personnel reportedly
confronted Tsering and smashed his head frequently to the
ground, causing heavy bleeding. While the PAP was taking
him to Trisam "Reform Through-Labour" Camp, they beat him
further. Officials in Trisam refused to admit him due to
his condition. He was immediately moved to a hospital for
treatment but was unable to recover from his injuries.
Sonam Wangdu,
alias Shugden, a 44 year-old trader,
died in late March 1999, at his residence in Lhasa.
He died as a
result of the torture and maltreatment he suffered while
detained in Gutsa Detention Centre and Drapchi Prison.
Sonam Wangdu was arrested in April 1988 for his alleged
involvement in the killing of a Chinese policeman during
a violent crackdown of a Tibetan demonstration on March
5, 1988. He was initially detained in Gutsa Detention
Centre. There he was severely tortured resulting in
permanent internal injury. Sonam Wangdu was beaten with
electric cattle prods and his legs and feet were manacled
for a period of six months. He was kept suspended from
a tree for five days, and put in solitary confinement
for one week. He had his head forced into a bucketful
of water and had blood forcibly extracted from him. As a
result of severe torture his kidney was damaged and his
back was broken. Consequently, he suffered urinary damage
and he became paraplegic. In 1993, he was released from
Drapchi Prison on medical parole.
The Chinese government claims that prisoners are
accorded the madical treatment necessary in their
daily lives. According to the Chinese White Paper
on Human Rights, "the state covers their living and
medical expenses ... All prisons and 'reform-through-labour'
institutions are staffed with an appropriate number of
doctors; in professional medical institutions, medical
facilities and hospital beds are set aside in prisoners'
exclusive service; on an average, there are 14.8 hospital
beds for every thousand prisoners, and those critically ill
are sent to hospitals outside the prison for treatment or,
on approval, may seek medical treatment on bail according
to law. Prisoners' needs for medical care are guaranteed."
However, most deaths occur due to torture and maltreatment
followed by lack of medical care while in detention or in
prison. After release, former prisoners are responsible for
their own medical expenses. There have been reported cases
of individuals having to repay authorities for the cost
of living while imprisoned and medical expenses incurred
as a result of torture.
Norbu,
a 22 year-old monk from Nalanda Monastery was arrested
by "work team" members on February 25, 1995, after a
crack-down following resistance by monks to the "patriotic
re-education campaign." During interrogation in Gutsa
Detention Centre, PSB officials accused him of hiding
political documents and tortured him. He was released in
February 1996 on medical parole, though during detention he
was denied medical attention. For a period he was admitted
to the "TAR" People's Hospital; however, treatment expenses
were a drain on his family's resources and health was not
improving. Norbu died in March 1999, almost three years
after his release.
Phuntsok
spent two years in Drapchi Prison from 1995 to 1997. He
died two years after his release at his residence on
September 2, 1999. His death was caused by liver failure,
due to torture while in prison. Phuntsok was released after
the completion of his prison term in September 1997. From
1997 to 1999, he sought medical treatment but failed to
recover. Phuntsok was arrested on September 9, 1995, when
security officials found "pro-independence" documents in
his home. Phuntsok is a former monk of Taglung Monastery
in Phenpo Lhundrup County.
Twenty-one year-old
Legshe Tsoglam
was detained in Gutsa Detention Centre in early April 1999
after refusing to cooperate with a "patriotic re-education
campaign" at Nalanda Monastery. According to a reliable
source now in exile, Legshe Tsoglam was severely beaten
when he was taken into detention. As a result he became
"ill and weak." He died on April 12, 1999, only days after
his release.
In late 1998, one of Tibet's most well-known activists,
Hor Lobsang Tsundue
died in Drepung Monastery, Lhasa.
He had served 21 years and nine months in prison.
Former inmates claimed that Lobsang Tsundue suffered immensely
from torture in prison. He was kept in solitary confinement
more than five times, once for six weeks. In 1991,
Hor Lobsang became unconscious after PAP officials hit his
back with rifle butts. Since his release from prison,
his health never improved.
Lhadar,
a 25 year-old political prisoner died while in Lithang
PSB Detention Centre, according to Jamyang Dhondup who
arrived in Dharamsala, India in January, 1999. Lhadar
was arrested on August 20, 1993 for distributing posters
calling for the independence of Tibet around his monastery
in Lithang County. Lhadar was reportedly tortured severely
by prison officials. He died one month after his arrest in
the detention centre. His arms and legs were manacled at
the time of his death. Refugees from Lithang who arrived
in 1994 stated that, "for two days, Tibetans refused to
take custody of Lhadar's corpse from the prison because
the Chinese authorities refused to give satisfactory
explanation for his sudden death." According to them,
there seemed to be little doubt that the Chinese police
were "totally responsible" for Lhadar's death.
In July or August of 1997,
Geshe Choephel,
the head lama of Sungrabling Monastery,
was instructed by officials
of the Justice Department (Chinese: sai fa ting) under
the leadership of Khampa Chodrak, to order his students
to follow the "re-education" program being instigated
at his monastery, but he refused. After one particularly
intensive four-day period of "re-education", he was taken
back to his home in Kyimshe village in Lhokha Prefecture
and severely beaten by the police. According to another
source, he was taken back to the police station at Kyimshe
and beaten there. He was detained in the police station
for fifteen days. He became very sick and as a result
of this injuries he died on September 24, 1998. He was
approximately seventy-one years old. People who witnessed
the sky burial have said his finger bones were broken.
Article 38 of the Chinese Constitution states:
The personal dignity of citizens of the People’s Republic
of China is inviolable. Insult, libel, false charge
or frame-up directed against citizens by any means is
prohibited.
There are confirmed reports of Tibetans being detained
for crimes they did not commit. These detainees are then
subject to harsh treatment and some have died as a result.
Chimey Rinzin,
23 years old, was arrested in 1997 in lieu of his father,
who had been evading arrest after being accused of
committing the murder of a Chinese man. Prison officials,
reportedly with a hope that his father would turn himself
in to rescue his son, arrested Rinzin. He was held in
Ngaba Prison. He was tortured when he failed to disclose
the whereabouts of his father. He reportedly suffered from
brain damage due to severe torture. When he was released
in April of 1997, his health had deteriorated, and before
he could exit the prison compound he died. After his death,
his fellow inmates sent a message to his family, but prison
officials refused to hand over his body.
Torture during imprisonment in Tibet manifests itself
in the form of forced labour and forced exercise. On
a daily basis, prisoners must fulfil work quotas and
perform military drills, regardless of their physical
condition. Forced exertion for prolong periods of time
in the form of military-style drills has been practiced
regularly in Drapchi Prison since 1995, and reports
indicate that only the very old or very sick are exempt
from this treatment. Prisoners in weak and unhealthy
state are known to have suffered a severe decline in their
health following forced over-exertion. Following are two
such cases:
Ngawang Jinpa,
alias Lobsang Dawa, from Gaden Monastery was arrested
on May 6, 1996 for participating in a protest at his
monastery. After his arrest, he was detained at Gutsa
Detention Centre for eight months where he was severely
beaten. According to Legshe Drugdrak, a Nalanda monk
from Phenpo Lhundrup County who shared a prison cell with
Ngawang Jinpa, "when Ngawang first arrived in Drapchi he
was in a very weak condition. Despite this, the prison
officials continued to torture him and forced him to work."
In March 1999, Ngawang's health grew so poor that the
officials took him to "TAR" Military Hospital near Sera
Monastery, where he was diagnosed with brain damage. The
doctors extracted fluid from his spine, a painful procedure
that is performed to treat elevated intra-cranial pressure,
a condition that can result from repeated blows on the
head. Jinpa's condition was so hopeless that the Chinese
authorities released him on medical parole on March 14,
1999. Ngawang later died in his hometown on May 20, 1999.
He was 31 years old at the time of death.
Phuntsok Gyaltsen,
a monk serving a twelve-year prison sentence in
Drapchi Prison in Lhasa, was reportedly seriously ill
and incapacitated, suffering from liver and stomach
ailments as a result of sustained beatings received in the
prison. Despite the state of his health, he is allegedly
being forced to perform prison labour such as; digging
ditches, emptying toilets and cultivating vegetables. He
is in need of urgent medical attention.
TCHRD has documented a variety of torture techniques used
against Tibetan detainees and prisoners including: aerial
suspension, hand and foot cuffs, electric shocks, exposure
to extreme temperatures, attack by dogs, sexual assault,
shocks and electric cattle prods applied to sensitive parts
of the body, including the genitals and mouth, long period
of solitary confinement, urinating in the victim's mouth,
forcing victims to watch torture videos, keeping victims
standing long periods of time and deprivation of food,
water and sleep. These acts are all classed as torture
under the United Nations Convention against Torture to
which China is a State Party. This convention defines
torture as "any act by which severe pain whether physical
or mental, is intentionally inflicted on a person."
Tibetans have also reportedly been tortured and subjected
to other forms of physical abuse because of their
non-violent conduct in prison. These non-violent activities
include: reciting mantras, protesting treatment of other
political prisoners, showing allegiance to the Tibetan
Government-in-Exile and the Dalai Lama and failing to
comply with Chinese prison "re-education".
Gyaye Phunstok
from Gyaye village in Chabcha County, Tsolho "TAP" was
sentenced to six years' imprisonment in July of 1999. He
was reportedly released on medical parole between
July and August of 1999 after being tortured during
interrogation. The Qinghai PSB arrested Gyaye Phuntsok in
August of 1998. Recent reports indicate that Phuntsok was
interrogated for eight days after his arrest. Throughout
this time, he was kept standing and was denied food and
sleep. After this harsh treatment his feet swelled and
he had to use crutches to walk. While in prison, he was
denied any medical treatment. His family has incurred
all medical expenses since his release resulting from his
maltreatment while in prison. He has been admitted into
Chabcha People's Hospital.
Ngawang Sangdrol
from Garu Nunnery and Ngawang Choezom from Chubsang
Nunnery have been subjected to harsh treatment and placed
in solitary confinement for their involvement in the
May 1 and 4, 1998 protests in Drapchi Prison. Prior to
this incident, Sangdrol's condition has deteriorated due
to severe torture and her right leg has been seriously
injured. Reports in August 1996 indicate that Sangdrol was
being held in a dark, windowless confinement at Drapchi
Prison, receiving small amounts of food only twice a
day and was manifesting signs of mal-nourishment. Her
cell-mate, Lobsang Dolma, who spent five years in Drapchi
Prison with her, reported that she has had longstanding
kidney problems but has received inadequate treatment.
In addition, she has been made to do work while ill.
Ngawang Kyonmey,
a 28 year-old monk from Drepung Monastery, originally from
Toelung Dechen County was arrested in early September of
1998 on suspicion of conspiring to hand over a letter to
Mary Robinson, the UN High Commissioner for Human Rights,
who visited Tibet in October of 1998. He is being held
in Gutsa Detention Centre, although the charges against
him have not been filed. Unofficial reports indicate
that Kyonmey's body reveals the distinct marks of severe
beatings, which evidently took place during interrogation
by prison officials who used violence and torture to
obtain names of the other Tibetans allegedly involved in
the preparation of the letter.
Kalden,
a 34 year-old monk from Dagkar Tral-Zong Monastery
was arrested in December of 1998 and detained for six
months in Xining Prison. He was reportedly released on
medical parole with broken ribs in May of 1999. "Kalden
presently is undergoing medical treatment in Tsolho
Tibetan Hospital," reports Tsultrim a 22 year-old monk
from same monastery who arrived in Dharamsala on October
18, 1999. He was arrested on charges of donating a sum of
18,000 yuan to the Tibetan Government-in-Exile. Tsultrim
stated that "while in prison he received severe beatings
during interrogation. Prior to his arrest, Kalden was
healthy and well built; however, after his return from
prison he appeared weak and feeble with two broken ribs.
He now walks with the aid of crutches". In addition,
Kalden was reportedly severely beaten with an electric
baton and indiscriminately kicked and punched, resulting in
the aforementioned injuries. For five days he was deprived
of water and sleep. The authorities have released Kalden,
possibly for the fear of his death while in detention. He
is currently being treated in Tsolho Medical Hospital.
Yonten Tharchin,
27 years old of Baku town in Tongde County, Tsolho "TAP",
Qinghai Province was detained in January 1996. He was
held for six months in Tsolho Prison after he was found
entering Tibet without valid documents. After staying
in India for five years, Tharchin was returning to Tibet
when the Chinese army detained him and seven members of his
group for 17 days at Dram near the Tibetan border. During
his detention, he was forced to wash clothes and cut
firewood for the army. While in Tsolho Prison, he was found
possessing audio cassettes of speeches of the Dalai Lama.
As a consequence he was tortured and forced to stand facing
a wall with his hands stretched upwards while his armpit
hair was pulled hard. Once he was badly beaten after he
was found reciting prayers in his prison cell, and prison
guards warned him that "this is not the place for you to
recite prayers." His current condition is unknown.
On May 4, 1998,
Thupten Kalsang,
a 25 year-old monk from Lo Monastery, who is serving a
five-year sentence in Drapchi Prison was beaten by twelve
prison guards after protests in the prison. On the morning
of May 5th, he was beaten again, and severely wounded. His
condition became so critical that he was released on
medical parole on May 15, 1998. He was treated for his
injuries, but remains in critical condition.
Lobsang Tenzin,
a 33 year-old former student of Tibet University was
sentenced to death with a suspension of two years. However,
due to international pressure, his sentence was commuted to
"life" in March 1991. He was subjected to severe beatings
after he took part in political protests in Drapchi
Prison in May 1998. He was also involved in an incident
where he attempting to pass a letter to the visiting US
Ambassador, James Lilley in 1991. He was transferred to
Powo Tramo Prison following the incident, where he was
reportedly forced to perform hard labour despite his poor
health. According to a source who had seen Lobsang Tenzin
while in Powo Tramo, he could not stand upright and was
unable to carry out prison labour duties. The deterioration
in his health was due to the effects of torture, poor
prison conditions and lack of medical attention.
Prisoners are often not allowed contact with family and
friends, through visitation or correspondence. There are
reported cases where prisoners have died, become seriously
ill, or transferred and their relatives have not been
notified.
Norzin Wangmo,
was 16 years old at that time of her detention, is
a former Shugseb nun who spent five years in Drapchi
Prison. She escaped to India on November 27, 1999. Wangmo
and seven other nuns were arrested on December 9, 1993
for demonstrating in front of the Central Cathedral
(Jokhang) in Lhasa. At the time of the arrest, security
personnel and policemen beat them with rubber cords. Wangmo
was hit hard on her right eye, resulting in permanent
optic damage. The nuns were taken to Gutsa Detention
Centre where they were kept in solitary confinement and
interrogated individually. They were detained in Gutsa
for eleven months where they were interrogated at least
twenty times. While they were detained, none of the nuns
were allowed to receive visitors. Wangmo was beaten with
a wooden plank and given shock treatments with an electric
baton. After eight months of detention and interrogation,
the nuns were tried in the "TAR" Intermediate People's
Court on September 10, 1994.
Torture in Tibet is endemic in every stage of the
incarceration process. The Chinese government privately
sanctions these actions and has inadequate safeguards to
protect the rights of Tibetans accused of crimes. Tibetans
continue to die at an alarming rate from torture and
continue to be denied adequate medical care.
The function of torture seeks to break the physical and
moral resistance of an individual. In the collective
dimension that torture takes on in the case of Tibet
the attempt is also to defeat the collective spirit of
a people resisting unjust spirit of a people resisting
unjust domination. While the past year has revealed a
continuance of such use of force, it also shows that the
resistance is continuing in Tibet.
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