Stop the executions |
UPDATE
Sadly, Lobsang Gyaltsen and Loyak were executed in Lhasa on 20 October 2009.
A woman named Penkyi was also reported executed, along with an unidentified fourth individual. The Chinese government later confirmed the executions of Lobsang and Loyak, but stated that the other two had not been executed and that 'no further executions are planned'.
The below is now an inactive campaign, but is archived here as a record of the cases of Lobsang, Loyak. Free Tibet is still concerned about the welfare of Penkyi and other Tibetans at risk, and will continue to condemn these executions, and you can join us in doing so by taking part in our e-letter campaign.
China passes down death sentences to Tibetans
Two Tibetans, Lobsang Gyaltsen and Loyak (left), have been sentenced to death without reprieve and could be executed within weeks.
Three other Tibetans have also been handed down death sentences which are suspended for two years. Suspended death sentences are, according to Chinese law, commuted to life imprisonment, although the danger remains that the suspension will be removed.
Take action to stop the executions 1. Write to China's Minister of Justice, Chinese Ambassadors or your local politicians. |
As a result of letters from Free Tibet supporters to their MPs, as well as other campaigners against the death penalties, 126 UK MPs have now signed Early Day Motion 1373 calling for the reversal of the death sentences. Such strong and widespread support for an Early Day Motion sends a clear message to the Chinese authorities that these death sentences are abhorrent to UK citizens. Click ahead to see which MPs have signed the Early Day Motion and to discover if your MP is one of the signatories.
As mentioned above we continue to try to find out information about the progress of the cases of Lobsang Gyaltsen and Loyak, and about their well-being, but at this time the Chinese authorities have not released any information beyond the convictions in April 2009. We will post any information on this website as we receive it.
Free Tibet condemns these death sentences and believes that the evidence used in these trials is questionable and the convictions are therefore unsafe. Free Tibet regrets all loss of life but opposes the use of death penalties in all circumstances. Sadly, China executes more people than any other country.
As Tibet is effectively sealed off from the outside world, information regarding these sentences is limited to information the Chinese Government chooses to release. It is therefore impossible to verify if legal safeguards have been met in the trials of these Tibetans.
The first death sentences to be passed on Tibetans for their alleged roles in the protests of 2008 were announced in an article in Xinhua, the official Chinese news agency, on 8 April 2009. The death penalties relate to three separate fatal arson cases in which five Tibetans were found guilty. Lobsang Gyaltsen and Loyak have been sentenced to death, and Tenzin Phuntsog and Gangtsu (or Kangtsuk) were sentenced to death with a two-year reprieve. A fifth Tibetan, Dawa Sangpo was sentenced to life imprisonment.
On 21 April 2009, news emerged that Penkyi, of Sakya county, has also received a suspended death sentence for allegedly starting fires that resulted in a fatality in Lhasa in 2008. Another Tibetan woman, also named Penkyi, was sentenced to life imprisonment while Chime Lhamo, a 22-year-old woman, was sentenced to ten years. It is unknown when these sentences were delivered and no other details were given.
Lobsang Gyaltsen and Loyak, the two men who have received death sentences without reprieve, had ten days from sentencing in April to appeal. However, it is unclear if they have been advised of their rights or have access to legal representation. After ten days according to Chinese law the Lhasa Court should have decided whether to uphold the sentences or not. If upheld, the sentences should be referred to the Supreme People’s Court in Beijing which should make a final ruling within five to seven weeks. If the Supreme Court also upholds the sentences then the executions may take place at any time.
Loyak, one of those sentenced to death, escorted by police
Courts in China are highly politicised. For example, the Supreme People’s Court in Beijing is guided by the Political-Legal Committee of the Communist Party of China, which includes the heads of various security organs, including Public Security. The lack of an independent judiciary in China means it is unlikely those convicted and facing the death penalty will receive a fair review of their cases.
In addition any appeal should, according to Chinese law, take place in an open court. However, foreign journalists are routinely refused access to Tibet, there have been no independent media reports of these trials, and there is a continued delay in China approving visits to Tibet by government delegations who might be able to provide independant information about the two men and their cases.
Further trials relating to the protests of March 2008 are likely to follow behind closed doors. The rush of death sentences recently announced could become an avalanche unless international leaders and governments urgently condemn the use of death sentences and express their grave concerns that international judicial standards have not been met in these cases.
(Left to right) Chime Lhamo, Penkyi of Nyemo and Penkyi of Sakya, who was sentenced to death.
Photos from Central Tibetan Administration
The reports cited were taken from the Central Tibetan Administration website, which can be found here.
Unfair trials
Evidence collected by Free Tibet and other human rights groups points to the routine absence of legal due process in cases regarding Tibetan detainees since March last year. Those detained are routinely held at undisclosed locations and denied access to legal representation. Free Tibet is also extremely concerned regarding the evidence used against the individuals. At least one individual reportedly confessed his own guilt while in detention. In November 2008, the UN Committee against Torture, stated its deep concern “…of routine and widespread use of torture… especially to extract confessions or information to be used in criminal proceedings” and “Continued reliance on confessions as a common form of evidence for prosecution…”
(Paragraph 11. CAT/C/CHN/CO/4 21 November 2008)
Kungtsuk (left) was given a death sentence, commuted to life and Dawa Sangpo (right) received a life sentence.
The Dalai Lama comments on the sentences
When asked about the death sentences, the Dalai Lama expressed distrust in the Chinese courts, saying that though criminals should be punished, "all these sentences are politically motivated, so we have great reservations. The PRC as a whole is without rule of law, no independent judiciary. Everything is controlled by the party."
Bill Rammell's (Minister of State) written answer on the death sentences to Harry Cohen MP on 18 May 2009
We have received a number of reports from non-governmental organisations (NGOs) stating that the trials of those connected with the disturbances in Tibet in March 2008 were not compliant with international standards, and that the evidence against the individuals concerned was unsound and the convictions therefore unsafe. We have consistently expressed our concern at the need for proper due process for all those detained, and our belief that any trials should be conducted justly, fairly and transparently. The fact that independent observers were not allowed at these trials means that we have been unable to verify that the human rights of the defendants were respected, and that the trials were free from political interference. This, together with the reports from NGOs, does give us real cause for concern, as does the verdict of the death penalty, to which the UK is opposed in principle. As a consequence, and working closely with our EU counterparts, we are urging the Chinese authorities not to carry out the sentences imposed on those convicted. I made these points in similar terms in my written response to Free Tibet and the Tibet Society at the beginning of May.
Ex political prisoner Ngawang Sangdrol's message, from Students for a Free Tibet
Further reading
Free Tibet's Press Release, 21 April 2009:
Fifth Tibetan sentenced to death by Chinese court
Free Tibet's Press Release, 8 April 2009:
China sentences two to death over alleged role in starting fires in Lhasa protests
Free Tibet's open letter to UK Minister of State Bill Rammell
Vaclav Havel and Desmund Tutu's letter on the death sentences
GUARDIAN: Four Tibetans given death sentences for part in Lhasa unrest
CHINA DAILY (Original State report on second set of sentences): Court sentences 3 for arson
GUARDIAN: Open up Tibet's trials (letter by Desmond Tutu and others)
TIMES: Tibetans jailed for arson killings in Lhasa
AP: China 'acting like a child' on rights: Dalai Lama
Background on the 2008 Tibetan uprising
Background on 1,000 Tibetans still missing since Spring 2008
