Two monks from Kardze, Sichuan Province, “Tibet Autonomous Prefecture” (“TAP”) were sentenced to 11 years’ prison term for hoisting of a banned Tibetan national flag, according to confirmed information received by Tibetan Centre for Human Rights and Democracy (TCHRD). Lobsang Khedrup, 22, is originally from Dado Township, Kardze County while 26-year-old monk Gyalpo is from an area called Shungteng in Kardze.
In recent years, Karze region in Sichuan Province has become the focal point of repression by the Chinese authorities. This is substantiated by the fact that most of the arrests, detentions and other cases of human rights violation have been reported from this region. There were numerous incidents of Tibetan national flag being hoisted on the radio frequency jamming tower of the region.
According to the information received by TCHRD, Gyalpo was arrested in January 2004 while Lobsang Khedrup was arrested a month later in his hometown in February 2004. The news of their whereabouts and well-being were not available to the concerned family members for many months while they were detained incommunicado. Their whereabouts surfaced when they were reportedly convicted by Kardze Intermediate People’s Court in recent times. They are now imprisoned in Dartsedo Prison in Kardze.
The detention and conviction of Lobsang Khedrup and Gyalpo contravenes many provisions within China’s Criminal Procedure Law. They were arbitrarily arrested and convicted without honouring them a free and fair trial to defend their innocence in the court. Their family members were not informed about their arrest and detention for almost a year. Their visiting rights of their kith and kin were also denied.
The case of Lobsang Khedrup and Gyalpo is a clear violation of the provision within International Covenant on Civil and Political Rights (ICCPR) to which the People’s Republic of China (PRC) is a signatory. Article 9 of the ICCPR states, “Every one has a right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention…” Their cases demonstrates violation of Article 9 of the Universal Declaration of Human Rights (UDHR) which stipulates, “No one shall be subjected to arbitrary arrest, detention or exile“. It is also in contravention of Article 10 of the UDHR which provides, “Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him“.
The PRC Government has overriding concerns about national reunification and social stability. Owing to the political sensitivity attached to the issue of Tibet, the PRC Government enforces crackdown severely on any forms of expression or activity that is deemed to be pro-independent or nationalistic. In that context, the Chinese authorities have imposed ban on Tibetan national flag, portraits of the Dalai Lama, Tibet’s leader in exile, and any other literature with political content. All such activities have come to be categorized as crimes that “endanger State security”.
As of December 2004, TCHRD has recorded 146 known political prisoners in Tibet serving their terms in prisons and detention centres. Almost all of these political prisoners have received prison terms for their exercise of fundamental human rights and freedom and more particularly for crimes of “endangering state security”.
It is imperative that the PRC Government clarify and specify the scope and extent of the term “endangering state security” in their Criminal Procedure Law so as to stop violations of multiple legitimate rights of its citizens. TCHRD would like to urge the authorities of the PRC to grant Lobsang Khedrup and Gyalpo a fair trial, proper and adequate legal representations as provided under China’s Criminal Procedure Law. Since their activities constitute nothing more than an expression of their opinion and thought and an exercise of their basic human rights, TCHRD calls upon the Chinese authorities to release the two monks unconditionally.
