DECEMBER 2003
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Khenpo Jigme Phuntsok, Abbot of Serthar Buddhist Institute passes away
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A Tibetan prisoner dies of torture
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Teacher sentence to five years’ imprisonment term
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TCHRD Commemorates 55th Human Rights Day
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New border post to restrict the flow of Tibetan escapees
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Tibetan prayer flags, cairns around Potala palace and Chokpori hill removed
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UN report criticizes China’s education policy
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Trulku Tenzin Delek: a year since the death verdict
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- Patron sentenced to 15 years sentence,orphanage closed
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TCHRD Commemorates UN Human Rights Day
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7th Workshop on Human Rights and Democracy to be held in Darjeeling
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Briefing to US Congressional Staff
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Human Rights talk by TCHRD staff
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TCHRD received confirm information that Khenpo Jigme Phuntsok, the Founder Abbot of Serthar Buddhist Institute died at 9.45 am, 7 January 2004, in a hospital in Chengdu City, Sichuan Province. Khenpo was 72 years old. It is reported that he died in the military hospital “363” where he was earlier receiving medical treatment and none of his aides were present when the moment of death except for Chinese doctors.
As per earlier information received by TCHRD, Khenpo Jigme Phuntsok was to undergo heart surgery at the same hospital at 10 AM (China time) on 29 December 2003.
It has also been reported that Chinese “work team” officials, stationed at the Institute since 2000, left the Institute in the morning of 7 January 2004.
However, security in Serthar County and neighbouring counties of Barkham and Tawu is stepped up. The roads leading to Serthar Buddhist Institute are all closed for traffic and no individuals are either allowed to visit the Institute or leave the Institute.
On 8 January 2004, the government officials were called for a meeting in Serthar County and directed to quell any protest in connection with Khenpo’s death. The officials including Tibetan officials were ordered neither to pay any homage to Khenpo’s body.
Khenpo Jigme Phuntsok was born into an illustrious religious family of nomads in the Dhok region of Kham in 1932. At the age of two, Terton Wangchuk and Tashul Lama of the Nyingma School of Tibetan Buddhism recognised him as the reincarnation of Terton Lerab Lingpa (1852-1926)-or Sogyal Rinpoche- a close spiritual and personal friend of the 13th Dalai Lama. Khenpo first studied under an uncle, a renowned scholar-lama at Nubsur Monastery, and was schooled in Dzogchen (the Great Perfection teachings). At an early age of 14, he sought monk ordination from Khenchen Sonam Rinchen, Abbot of Drakdzong Monastery. At 18, he remained at Dzatoe Changma Retreat Centre where he studied under the guidance of many renowned teachers, practised meditation and lived as a hermit for six years. He was ordained a bikshu (a fully-ordained monk) at the age of 22, and at 26 founded a retreat centre, Senggey Yangtsung, in Amdo.
Khenpo Jigme Phuntsok was a hugely popular religious figure. In 1980, he established the Serthar Buddhist Institute as a non-sectarian study centre with less than 100 students. Serthar Institute (known locally as Larung Gar) later expanded to a spiritual oasis for over 8,000 monks, nuns and lay students.
Khenpo travelled extensively abroad to give teachings and in 1990 met with the Dalai Lama in India.
The summer and autumn of 2001 saw the dismantling of Serthar Institute. Over 8000 students were evicted forcibly from the Institute and approximately 2000 huts of monks and nuns were demolished under the supervision of teams of military and armed police personnel.
The same year Khenpo was held incommunicado in Chengdu for a year.He later returned to the Institute in June 2002 amid warm reception from his students and the local Tibetans. However, his movement was restricted and it was only after a while that Khenpo was able to begin his teachings.
Reports of skirmishes, detentions and demolition were reported throughout 2002 and 2003.
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Tenzin Phuntsok, a former member of Khangmar “People’s Political Consultative Conference” passed away on 8 September 2003 at a hospital in Shigatse. It was reported that Tenzin Phuntsok died as a result of torture and beating suffered while he was detained at Nyari prison in Shigatse.
According to TibetNet, Tenzin Phuntsok, a native of Khangmar area of Shigatse prefecture, was arrested on 21 February 2003 by the Shigatse PSB on suspicion of involving in “political activities”. He was 64 years old and was known to be in a good health at the time of his arrest. The sudden death of Tenzin Phuntsok is reportedly being explained by the people of Khangmar town as a direct result of prison abuse.
As a respected person in his hometown, Tenzin Phuntsok had briefly served as a member of Khangmar “People’s Political Consultative Conference”. He had visited India frequently on pilgrimage and also to meet his relatives. He was also believed to have spent a considerable time ndia in 2001.He is survived by his wife, his mother, and eleven Children.
This was not the first time Tenzin Phuntsok was arrested and detained.t was known that he had already served 5 years in prison along with his father in 1959 during the Mao Zedong’s People’s Liberation Army (PLA) invaded Tibet. During that time his family had suffered immeasurably under the Chinese authorities.
China has ratified the UN Convention Against Torture (CAT) in 1988 and the continuing incidences of death resulting from torture by the Chinese prison officials raises concern over China’s stated commitments to the Convention. Earlier in September 2003, TCHRD reported the death of Nyima Drakpa, a monk from Tawu County in Sichuan Province who died as a result of prison atrocities. TCHRD continues to appeal to the UN Committee Against Torture and the Special Rapporteur on Torture to probe into this matter and seek free access to meet with the Tibetan prisoners in Tibet.
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TCHRD received confirmed information that Nyima Tsering, 65, a teacher, was sentenced to five years’ imprisonment term by Gyantse County Court in June 2003 on charges of “inciting the masses”.
Nyima was arrested in December 2002 on alleged charges of distributing pro-independence pamphlets. Gyantse County Public Security Bureau (“PSB”) officials arrested both the men from their home when information last reached TCHRD in January 2003. In June 2003, Gyantse County Court sentenced Nyima Tsering to five years’ imprisonment term. He was then transferred to Shigatse Prefecture Detention Centre popularly known as Nyari Detention Centre. After a few months’ detention, Nyima was transferred to Drapchi Prison in Lhasa.
Nyima Tsering, 65, was born in Gyantse County (Ch: Jiangzi Xian), Shigatse Prefecture, “Tibet Autonomous Region” (“TAR”). Early in his childhood, he was ordained as a monk at Tashi Lhunpo Monastery. After leaving the monastery, he taught Tibetan language at the local government primary school for twenty years. Although Nyima reached his retirement age in 2001, he continued to teach at the school. The local community respects Nyima Tsering for his knowledge and good nature.
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As we commemorate the 55th Human Rights Day on 10 December, it is a day to reflect upon the situation of the world in the year gone by and resolve further to work towards a more peaceful and free world. The Tibetan Centre for Human Rights and Democracy (TCHRD) expresses grave concern and fear over China’s continued gross violation of human rights in Tibet.
On this day last year, TCHRD strongly condemned and expressed concern on China’s sentencing of a well-known Tibetan Buddhist teacher Trulku Tenzin Delek to death with two years suspension and his co-accused Lobsang Dhondup to immediate death on the ground of alleged involvement in “bomb explosions”. However, in complete disregard to international appeals, the Sichuan Higher People’s Court in Chengdu upheld the earlier verdict and executed Lobsang Dhondup on 26 January 2003. The event has left little doubt over the concern we shared last year of China’s attempts to use the global campaign against ‘terrorism’ to suppress the Tibetans’ peaceful political and religious expressions. It has also exposed China’s true intention despite the show of bonhomie with western governments when dealing with the issues of human rights.
Once again commemorating the International Human Rights Day, TCHRD urges the Beijing leadership to be sincere in its commitment on human rights to the international community and free Trulku Tenzin Delek unconditionally. TCHRD further calls upon Beijing to release all the other political prisoners detained in Tibet.
The situation of Tibetans in Tibet during 2003 continued to remain tense and uncertain. The number of arrest and detention without fair trial was reported extensively in the past twelve months. TCHRD documented arrest of around 25 Tibetans who were arbitrarily detained and given long prison sentences. Most of the arrests occurred in connection with Trulku Tenzin Delek and on peaceful and willful expression of allegiance to the Dalai Lama.
China’s intolerance towards religious leaders and any establishment that has won respect by the local populace is now a known fact. The crackdown on Tibetans is not confined to few aspects of life rather, it is an all encompassing practice affecting every sphere of public life. Close on the heels of the much publicised destruction of Serthar Buddhist institute in 2001, this year the government forced the closure of another well known school. Following official pressure, Ngaba Kirti monastic school in Sichuan Province was shut down on 29 July 2003.
Tibetans are also subjected to China’s oppression even beyond its borders. China’s proxy means of controlling Tibetans’ basic freedom was shown most blatantly this year with the forced deportation of eighteen Tibetan refugees to China by the Nepalese authorities. Despite repeated appeals from international community, the Nepalese government with direct pressure from the Chinese embassy handed over the eighteen Tibetans on 31 May 2003. The looming presence of China’s authoritarian regime beyond the border has brought about a sense of helplessness and desperation for Tibetans who continue to flee into exile and also for those who believe in the value of human freedom.
As China races ahead towards fulfilling its goals of the much touted ‘western development program’, it leaves many questions unanswered for Tibetans in their right to self determination and also on the issue of preserving Tibet’s fragile ecology. The construction of railroad from Gormo in Qinghai Province to Lhasa is a cause for concern as we think Tibetans in Tibet Autonomous Region (TAR) will gradually become marginalised. And several other ongoing projects like building power stations on the plateau has led to resettlement of large communities of Tibetan nomads from their traditional landholdings. Nothing is more illustrative of the harshness of such measures on the lives of nomads than when the nomads from Golog and Yushul counties compared their lives to a ‘fish being flung out of water’ after they were forced to relinquish their ancestral life.
Today on the Human Rights Day, TCHRD expresses gratitude to all those who have shown solidarity with the plight of the Tibetan people. We also call upon everyone to join hands with us in our endeavor towards ensuring human rights and dignity for the Tibetans in Tibet.
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According to a report by the International Campaign for Tibet (ICT) on 4 December 2003, the Chinese have completed the construction of paved road to a Tibetan town called Gyaplung. The place is located only 6 kilometres from Nangpa La (Nangpa pass) on the Nepal-Tibet border and therefore the construction of the new paved road has been construed as an effort by the Chinese to completely seal the border for the Tibetans fleeing their homeland. Nangpa La is located at over 19,000 feet above sea level (5,716 meters) and is the main escape route for the Tibetans.
The project was jointly initiated and carried out by the People’s Liberation Army (PLA) and People’s Armed Police (PAP) and being located at 16,000 feet above sea level it is noted as the highest elevated Chinese border patrol station.
Prior to the construction of this new border patrol station, the main PAP border patrol station was at Tragmar, located some 25 kilometres northwest of Nangpa La. The report says the Chinese have intensified border security in the area around the Nangpa La in the last two years. Several refugee testimonies have even indicated the severity of the Chinese control with the accounts of refugees being fired upon indiscriminately by the security personnels.
TCHRD has reported in October on the escape by a Tibetan after his group was fired upon by the Chinese border security. “There were 34 people in our group, mostly from Golok “TAP”. We started off from Lhasa as a group with 32 people and two guides. On 11 September 2003, when we reached near Mount Everest, Eight Chinese border security personnel fired live ammunitions at us. The group panicked and started to run for safety. Some of us could run away from the spot but 17 people were arrested. Some of them might have been shot during the random firing.” Gedun Rabgyal shared the horrifying experience with TCHRD field officier in Kathmandu.
As more and more Tibetans are arrested and detained in the Chinese prisons after being apprehended during their attempt to escape, the incidences of torture and prison abuse have also become commonplace. A young Tibetan refugee was quoted by Radio Free Asia on 25 December 2003 of being subjected to torture and beatings during his two months detention. He says: ‘While we were under detention, Chinese officials tortured us on regular basis . We had to work in fields from 6 a.m until dark”.
The boy who has requested for anonmity has also revealed the extent of bribery that has become a part and parcel of the Chinese official system. The Chinese guards have reportedly demanded for bribes of 10,000 yuans (approx. US$ 2000) from the prisoners in exchange for their release.
In another report it is learned that 7 of the 18 Tibetans who were handed over to Chinese authorities in May 2003 by the Nepal’s police were still facing detention by the end of September 2003. In a report by the International Campaign for Tibet (ICT) on 23 December 2003, a former prisoner who has arrived in Nepal has told ICT about the harrowing condition of the 18 Tibetans. It is learned that the prisoners were tortured and beaten with electric batons. There were also accounts of intense cruelty meted on the Tibetans by the prison officials — by using torture tactics like inserting sewing needles between their finger nails and flesh — while they were in detention.
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According to an interviewee who wished to remain anonymous told Radio Free Asia on 12 December 2003 that on 7 and 8 December, Chinese authorities removed many prayer flags, Mani wheels, and stone cairns around the Potala palace and from the circumambulation around Chokpori hill. In accordance with Tibetan culture, the Tibetans hoist prayer flags and erect stone cairns to bring peace to all the sentient beings as it is believed that the wind will take the prayers printed on the flags to all the directions. However, such Tibetan practices are viewed as “backward” and discouraged with city cleanliness reasons and removed inorder to make the “city beautiful.”
The residents of Lhasa view the removal of the prayer flags and stone cairns as a warning message from the authorities against 10 December- just a couple days away- which is world human rights day and the 14th year commemoration of the conferment of the noble peace prize to the Dalai Lama.
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In a 22-page report on the condition of education in China, the UN Special Rapporteur on the Rights to Education, Ms Katarina Tomasevski has criticised the country’s education policy. The report draws focus on the rights of minorities in China which includes Tibetans also. The report sheds light on China’s implementation of politically motivated education policy that deprives the ‘minority nationalities’ of their ethnic identity. It states, “Education imposed upon minorities, enforcing their children’s obligation to receive compulsory education, violates human rights when it denies their religious or linguistic identity”.
On highlighting the education condition of the Tibetans in TAR, the Special Rapporteur laments over the deplorable state of education of Tibetans. The report says, “The Special Rapporteur was dismayed at the illiteracy rate in Tibet, 39.5 per cent, and asked the Ministry of Education (of PRC) whether one reason might be the fact that the literacy test was in Tibetan, while Mandarin is used in political, economic and social life.” The Special Rapporteur recommends “ full integration of human and minority rights in education policy, law and practice”.
The Special Rapporteur also mentions about the lack of religious tolerance in China. The report brings forth the absence of religious freedom by stating that “contrary to China’s international human rights obligations, religious education remains prohibited in both public and private educational institutions.” It further recommends that education in China should be established ‘with a view to preserving cultural diversity. An education that would affirm minority rights necessitates full recognition by the majority of the worth of minority languages and religions in all facets of life. Otherwise, education is seen as assimilationist and, hence, not compatible with China’s human rights obligations.”
As the third official mission by a thematic special procedure of the UN Human Rights Commission, the Special Rapporteur for the Rights of Education spent almost 10 days in Beijing from 10 September 2003. The last two official missions to China were Special Rapporteur on the Freedom of Religion or Belief in 1994 and the UN Working Group on Arbitrary Detention in 1997. Unlike this mission, both the delegations were allowed to visit “Tibet Autonomous Region” (TAR).
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Today, 2 December 2003, marks the elapse of one year since Trulku Tenzin Delek, a.k.a Ah-Nga Tashi (Ch: A An Xha Xi), a highly respected Buddhist teacher in Lithang County, Kardze Tibet Autonomous Prefecture (“TAP”), was sentenced to death by the Kardze Intermediate People’s Court in Sichuan Province. The death sentence with a two-year reprieve was delivered on alleged charges of “committing crimes concerning explosions” and for “inciting split of the country”. Lobsang Dhondup, a co-accused for the same charges was summarily executed within a month of the court sentence on 26 January 2003 despite huge international appeal.
On 7 April 2002, Sichuan Public Security Bureau (PSB) officials arrested Trulku along with four other monks. During the ensuing weeks, the police arrested at least six additional people who were raising funds to pay for Trulku’s legal defense. The subsequent months witnessed reports of coercive interrogation, beatings and torture on Trulku and his aides. A closed-door trial by the court on Trulku and Lobsang resulted in their conviction and sentencing three days later. On 2 December 2002, Lobsang Dhondup was sentenced to death, and Trulku Tenzin Delek to death with a two-year reprieve.
Chinese Criminal Law grants defendants with a right to appeal within ten days of sentence. However, Trulku was denied the right to attorney when the higher court rejected lawyers to represent him. Sichuan People’s High Court upheld the verdict and accordingly Lobsang Dhondup was executed on 26 January 2003. Chinese Criminal law contains no explicit presumption of innocence, which prevents a free and fair trial. The International Covenant on Civil and Political Rights (ICCPR) gives the defendant right to choose an attorney of his choice to represent him. China is a signatory to the covenant though it is yet to ratify it.
China is determined on branding religious and political activities with acts of terrorism in the aftermath of September 11. Amendments to the Chinese Criminal Law adopted in December 2001 places severe punishments for those who “organise or lead a terrorist organisation” from three years to ten years’ imprisonment extendable to life imprisonment sentence (article 120 of the Criminal Law). The term “terrorist organisation” vaguely defined allows broad and ambiguous interpretation including non-violent political activities.
In light of all the evidences that TCHRD received, it strongly believes that Trulku Tenzin Delek has been falsely implicated in the “bomb explosion” incidents. Trulku is known for his wide range of social activities like building schools, old peoples home, initiating environmental drives and settling community disputes. He is a very popular leader in Lithang County and loved by the local residents. Earlier attempts to indict Trulku had proved futile.
With just a year left on Trulku’s death sentence, the Tibetan Centre for Human Rights and Democracy is gravely concerned about his fate. TCHRD urges upon the Beijing leadership to free Trulku Tenzin Delek unconditionally while we appeal to our supporters and human rights defenders to put pressure on Beijing to secure his early release.
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Bangri Tsamtrul Rinpoche a.k.a Jigme Tenzin Rinpoche was born in Nangchen County, Kyegudo Tibet Autonomous Prefecture, Qinghai Province. He was recognized as the reincarnation of Bangri Rinpoche of Nangchen Bangri Monastery.
Bangri Rinpoche was very concerned about children especially orphans who couldn’t receive education although they have reached their schooling age. Rinpoche’s concern and generosity led him to establish an orphanage school through his own expense and other individual’s generous donations. The orphanage was founded in Gyatso Township near the Norbulingka Palace and was named as Gyatso orphanage.
In May 1996, forty orphans from various parts of Tibet were admitted into the orphanage. Rinpoche took the overall responsibilty to look after the orphanage and his wife, Nyima Choedon, assisted him in administration works. The orphans were given education in Tibetan language, Chinese language, English language and mathematics. The day begins with prayers in the morning and ends with prayers in the evening.
In August 1999, a team of Lhasa Public Security Bureau (PSB) officials arrived at the orphanage and arrested Bangri Rinpoche, his wife and three other teachers under the suspicion of political activities. The PSB officials ransacked the orphanage and Rinpoche’s room. Later Bangri Rinpoche and his wife were secretly taken away to a Detention Centre in a police vehicle waiting outside.
The PSB officials ordered the closure of Gyatso orphanage and directed all the children to leave to their respective native places. Since the orphans had no homes to call theirs, many of the children took to the streets of Lhasa to beg for food.
Wangchen Choegyal, 12, who reached India to continue his education told TCHRD, “ When Rinpoche and the teachers were arrested, the officials asked the children where we had come from. We were twenty children who had come from Chamdo so we were all put in a big truck and taken back to Chamdo. I didn’t stay in Chamdo for long and came back to Lhasa once again to live with a distant relative. One day when I was passing by in Barkhor market, I saw Choezom, 13, Tsesod, 7, and Norzom,7, begging at the market.”
Bangri Tsamtrul Rinpoche and his wife were allegedly charged with “endangering state security” and sentenced to 15 years and 10 years’ imprisonment sentence respectively. Both of them were then taken to Drapchi Prison in the north of Lhasa. The Chinese authorities during a round on human rights talk with a western nation acknowledged Nyima Choedon’s imprisonment.
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On the occasion of the 55th UN Human Rights Day, TCHRD released its new publication booklets on Universal Declaration of Human Rights (UDHR) in three different languages viz Tibetan, English and Chinese languages. At TCHRD stall, the staff members distributed other publications and reports of the centre as well. Hundreds of Tibetans as well as Indian and Western tourist signed our postcard urging the PRC president, Hu Jintao and UN Special Rapporteur on Extrajudicial Killings, Arbitrary and Summary Execution, Ms. Asma Jahangir, to intervene and stop the execution of Trulku Tenzin Delek who is on death sentence with a two-year reprieve. Trulku Tenzin Delek was sentenced to death on 2 December 2002 and is left with only one year for the two-year reprieve to expire.
The public who were gathered at the main temple to commemorate the 14th year of conferment of Nobel Peace Prize to the Dalai Lama took great interest in the centre’s publications and expressed solidarity with the centre’s work.
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The seventh annual workshop on human rights and democracy will be held from 30 January to 4 February 2004 in Darjeeling in North East India. The Tibetan Centre for Human Rights and Democracy has decided on the new location with the aim to reach out to the resident Tibetan students in the north eastern region.
In an effort to educate the younger Tibetans on the idea and concepts of human rights and democracy, the topics for the workshop will primarily be focussed on Human rights and related issues. We have invited some of the most distinguished experts on Tibetan democracy from the exile community. This year the topics for the workshop will cover areas like Tibet’s history, the development of human rights concept, International trade and development in human rights context, socio-economic conditions in Tibet, the role of media in civic society, organisational skills and the current human rights situation in Tibet.
This time again, we expect over 60 students to take part in the workshop and gain much knowledge from the experience at the workshop.
The workshop will also help in opening a forum to better understand human rights and bring about a close interaction among the Tibetan youth who study in various colleges across the country.
On 6 December 2003, Tsering Topgyal , English researcher , spoke to a group of American students from University of Denver. The group was in Dharamsala as a part of their three weeks trip to study Tibetan culture and religion.
During the one and half hour discussion, Mr. Tsering Topgyal gave a broad overview of the Centre’s works and activities. He then addressed the group on the current human rights situation in Tibet. He also related on the past cases of human rights violation by discussing at length on the disappearance of the XIth Panchen Lama, Gendun Choekyi Nyima and also about certain unfortunate events like the destruction of the Serthar institute in 2001.
Mr. Tsering Topgyal expressed concern over China’s misinterpretation of the non-violent political activities by the Tibetans as a crime under terror act. He explained in detail about the events that let to the execution of Lobsang Dhondup in January 2003.
The group showed keen interest through out the session by raising several important questions.
In the first week of December, Tibetan NGO’s-TCHRD, TYC, TWA, TIN, Gu-Chu-Sum, NDPT and ICT- staff members had a briefing dinner to two US Congressional staff members. Mr. Andy Olson, Legislative Counsel for Senator William H.Frist of Tennessee, and Thomas Brady, Legislatibe Assistant for Senator Sam Brownback of Kansas were briefed about the human rights situation in Tibet and the channelisation of National Endowment for Democracy (NED) funds for Tibetans intoreprieve. Trulku Tenzin Delek was sentenced to death on 2 December 2002 and is left with only one year for the two-year reprieve to expire.
The public who were gathered at the main temple to commemorate the 14th year of conferment of Nobel Peace Prize to the Dalai Lama took great interest in the centre’s publications and expressed solidarity with the centre’s work.
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