January 2008 update: UN Working Group on Arbitrary Detention ruled that Dolma Gyab’s detention classifies as " The deprivation of liberty of Mr. Dolma Kyab is arbitrary, being in contravention of articles 13, 19 and 20 of the Universal Declaration of Human Rights, and falls within category II of the categories applicable to the consideration of cases submitted to the Working Group. Working Group requests the Chinese Government to take the necessary steps to remedy the situation and to bring it into conformity with the standards and principles set forth in the Universal Declaration of Human Rights, and encourages the Government to ratify the International Covenant on Civil and Political Rights. "

Background

Dolma Gyab, a Tibetan history school teacher was sentenced to ten years imprisonment on charges that appear to be espionage. He was detained in March 2005 and sentenced in September. He appealed against the conviction but the court upheld the sentence and he is currently being held in Chushur (Chinese Quishui) prison, near Lhasa.

No official information about his arrest and the nature of the charges against him is available. However a letter written by Dolma Gyab, addressed to the United Nations Committee on Human Rights was smuggled out of prison. It emerges from the letter that the reason for his arrest was his unpublished manuscript of a book titled 'Restless Himalayas' which deals with issues such as democracy, autonomy and Tibet.

His also planned to write a book on geology and the protection of the environment but "Without even having begun to write the book they [the Chinese authorities] again subjectively judged that I was providing intelligence to foreign power".

Dolma Gyab continues in the letter: "They have taken away my freedom but they cannot take away my propagation of environmental protection and women¹s health; they can kill me but they can not kill off my love for the geological science"

During the visit of The UN Special Rapporteur on Torture in November 2005 in Chushur prison Dolma Gyab was moved from his cell and kept hidden from the Special Rapporteur.

Dolma Gyab (30), a highly educated school teacher studied geography and history at Quinghai University and has a Masters degree from Beijing University. In 2003 he visited Dharamsala, India, the home of the Dalai Lama where he studied English and Hindi. According to his friends Dolma Gyab was very concerned and outspoken about the destruction of Tibet¹s fragile environment. In his letter Dolma Gyab states that while in India, he had given advice to the government in exile about the need of strengthening promotion of environmental protection and women's health.

A letter from prison by Tibetan author Dolma Gyab

Click here for the Original letter in Chinese

To the United Nation's Human Rights Commission, International Woman's Association, International Environmental Protection Committee and United Nation's Educational, Scientific and Cultural Organisation:

I have been sentenced to 10 years in prison and the main reasons are:
I have written an unpublished book titled 'Restless Himalayas' about issues such as democracy, autonomy [Not freedom as translated in the background info text] and Tibet. This was the primary basis of the sentence. Since, according to the law of China, this book does not constitute the crime of incitement of splittism, so they wanted to charge me under the crime of espionage, and without any proofs and facts they hastily announced that it constituted the crime of espionage.

Their (the court) reasons were following:
1) having previously suggested to the Tibetan government the need of strengthening the works of environmental protection and woman's health they subjectively judged that I was preparing for "Tibetan independence".
2) As I was planning to write a book on natural geology and without even having begun to write the book they again subjectively judged that I was providing intelligence to foreign power. What was even more absurd was that they deemed that writing on natural geology was also promoting "Tibetan independence". These preposterous assertions made me think of the famous 17th century Italian geologist Gallileo who was sentenced to death having angered the Pope by suggesting that the sun was the centre of the universe.
3) The sentencing was based on others' words and lacked proper investigation. They even forced through the sentence by using their power. During the visit by the United Nation's Human Rights Commission in Lhasa on 26th and 27th November 2005, fearing that the facts might emerge, they moved me away and kept me hidden.

Therefore, I contest that I was fairly and justly sentenced under the law. Even my works on protection of Tibetan antelope and promoting love out of free will in the pastoral areas were deemed to be works for "Tibetan independence". I believe that sentencing me for 10 years for works on protection of the environment, promotion of education on woman's health, family planning and study in the field of geology is unthinkable in the human history. They have taken away my freedom but they cannot take away my propagation of environmental protection and woman's health; they can kill me but they can not kill off my love for the geological science. The environmental protection, protection of women and exploration in the natural environment are the dignity of the human kind. I stand firmly by these beliefs.

Take action to help Dolma Gyab

Please write to the officials, listed on the other side of the page, with the following demands:

-         To immediately release Dolma Gyab who was exercising his fundamental right of freedom of thought, conscience and expression as guaranteed by Articles 18 and 19 in the Universal Declaration of Human Rights and by the International Covenant on Civil and Political Rights, or to bring him to a fair and public trial under international human rights standards.
- To guarantee Dolma Gyab's safety and refrain from punishing him for writing the letter.
- To allow Dolma Gyab to be visited by his family, as well as by independent medical practitioners and human rights monitors to examine his health conditions.
- To investigate the alleged use of torture and unfair detainment of political prisoners and bring the perpetrators to justice.

1. Secretary of the Tibet Autonomous Regional Party Committee
Name: Zhang Qingli
Address: Zhonggong Xizang Zizhiqu Weiyuanhui
Lhasashi
Xizang Zizhiqu
People's Republic of China
Salutation: Dear Party Secretary

2. President of the Tibet Autonomous Regional High People's Court
Name: NYIMA Zhamdui Yuanzhang
Address: Xizang Zizhiqu Gaoji Renmin Fayuan
Lhasashi
Xizang Zizhiqu
People's Republic of China
Salutation: Dear President

3. Please send copies of your letters to the Chinese Ambassador to the UK
Name: Madame Fu Ying

-         Address: Chinese Embassy, 49-51 Portland Place, London W1B 1JL

You may wish to use the sample letter below.

SAMPLE LETTER

Date ____________

Dear Party Secretary

I am deeply disturbed to learn of the arrest of Dolma Gyab, (Chinese name: Zhou Ma Jia or Zhuo Shique), a history teacher from Lhasa. He was sentenced to ten years imprisonment on charges that appear to be espionage after being detained in March 2005 and sentenced in September of the same year. Dolma Gyab appealed against the conviction but the court upheld the sentence and he is currently being held in Chushur (Chinese: Quishui) prison, near Lhasa.

According to a letter written in prison by Dolma Gyab, the reason for his arrest was his unpublished manuscript of a book entitled "Restless Himalayas" which deals with issue of Tibet and his plan to write a book on geology and the protection of the environment. Allegedly, the Chinese authorities accused him of "providing intelligence to foreign power".

I also understand that during the visit of the UN Special Rapporteur on Torture in November 2005 in Chushur prison Dolma Gyab was moved from his cell and kept hidden.

Freedom of thought, conscience and expression are fundamental human rights and are guaranteed by Articles 18 and 19 in the Universal Declaration of Human Rights and by the International Covenant on Civil and Political Rights. Thus China must fulfil its obligations under international human rights law.

I urge the prison authorities to guarantee his safety and refrain from punishing Dolma Gyab for writing the letter. I also call for his immediate release or to bring him to a fair and public trial under international human rights standards and to allow Dolma Gyab to be visited by his family, as well as by independent medical practitioners and human rights monitors to examine his health conditions.

I also urge you to investigate the alleged use of torture and unfair detainment of political prisoners and bring the perpetrators to justice.

Yours Sincerely,

Name_______________________________

Address ___________________________________________________________

(Please send us copies of any replies you receive as this helps us to monitor the situation.)