Enforced disappearances/ Risk of torture and ill-treatment /ENG

2012. február 21./ITN/TibetPress

The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in the People’s Republic of China.

Brief description of the situation

The International Secretariat of OMCT has been informed by The Tibetan Centre for Human Rights and Democracy (TCHRD), a member of OMCT SOS-Torture Network, about the enforced disappearances of two Tibetan writers, Mr. Gangkye Drubpa Kyab, 33 years old, and Mr. Dawa Dorjee, who is in his 20’s. OMCT fears that they may be at risk of torture and ill-treatment.

According to the information received, in the night of 15 February 2012, Mr. Gangkye Drubpa Kyab, who has also been a teacher for many years, was arrested at his home in Serta (Chinese: Seda) County, Kardze Tibetan Autonomous Prefecture (TAP), Sichuan Province, by about 20 police officers. When his wife asked the security officers why and where he was being taken, the officers reportedly replied that they had to question him about something. His whereabouts and fate are currently unknown.

OMCT has also been informed about the enforced disappearance, since 3 February 2012, of another well known Tibetan writer and advocate of Tibet’s traditional culture and language from Deru County, Nagchu Prefecture, Tibet Autonomous Region (TAR), Mr. Dawa Dorjee. He was reportedly arrested by Chinese security personnel at Lhasa Gonggar Airport on 3 February 2012, after he participated in a cultural conference in Chengdu city. He was transferred to an unknown destination. Mr. Dawa Dorjee had published the book “Lahm” (English translation: “Road”) which discusses democracy, freedom and human rights.

The International Secretariat of OMCT is gravely concerned about the safety of Messrs Gangkye Drubpa Kyab and Dawa Dorjee, as their whereabouts and fate remain unknown. OMCT fears that they may be subjected to torture or other ill-treatment. OMCT urges the competent authorities to guarantee their physical and psychological integrity at all times, in accordance with international human rights law, in particular theConvention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and to immediately locate and disclose their whereabouts. Enforced disappearance and torture and other ill-treatment constitute serious human rights violations and are strictly prohibited under international law.

OMCT further calls on the competent authorities to order their immediate release in the absence of valid legal charges that are consistent with international law and standards, or, if such charges exist, bring them promptly before an impartial, independent and competent tribunal and guarantee their procedural rights at all times, including immediate and unconditional access to a lawyer of their choice.

Actions Requested

Please write to the authorities in the People’s Republic of China urging them to:

i. Immediately locate and disclose the whereabouts of Messrs Gangkye Drubpa Kyab and Dawa Dorjee;

ii. Guarantee, in all circumstances, their physical and psychological integrity;

iii. Grant them immediate and full access to a lawyer of their choice and their families, as well as guarantee that they are examined by independent doctors and receive adequate medical care if necessary, in accordance, inter alia, with the UN Standard Minimum Rules for the Treatment of Prisoners;

iv. Order their immediate release in the absence of valid legal charges that are consistent with international law and standards, or, if such charges exist, bring them before an impartial, independent and competent tribunal and guarantee their procedural rights at all times;

v. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

· Mr. Wen Jiabao, Prime Minister of the People’s Republic of China, Guojia Zongli, The State Council General Office, 2 Fuyoujie, Xichengqu, Beijingshi 100017, People’s Republic of China, Fax: +86 10 65961109 (c/o Ministry of Foreign Affairs)

· Mr. Wu Aiying, Minister of Justice of the People’s Republic of China, Buzhang Sifabu, 10 Chaoyangmen Nandajie, Chaoyangqu, Beijingshi 100020, People’s Republic of China, Fax: +86 10 6529 2345, minister@legalinfo.gov.cn / pfmaster@legalinfo.gov.cn

· Mr. Meng Jianzhu, Minister of Public Security of the People’s Republic of China, Buzhang, Gong’anbu, 14 Dongchang’anjie, Dongchengqu, Beijingshi 100741, People’s Republic of China,Fax: +86 10 63099216

. Director of the Sichuan Provincial Department of Justice, Sifating, 24 Shangxiznglu, Chengdushi 610015, Sichuansheng, People's Republic of China

· Permanent Mission of the People’s Republic of China, Ch. De Surville, CP 85, 1213 Petit-Lancy 2, Suisse, e-mail: mission.china@ties.itu.int, Fax : +41 22 793 70 14

Please also write to the embassies of the People’s Republic of China in your respective country.

Geneva, 21 February 2012