UCS 20/01/04: Lobsang Tenphen sentenced

(Please contact Free Tibet Campaign if acting after 15 March 2004)


Lobsang Tenphen (38), who had previously been identified as Tabo, was sentenced to five years in prison in September 2003 after he was charged with disseminating information about Rinpoche and the late Lobsang Dhondup to the outside world (sources: Human Rights Watch and the Tibetan Centre for Human Rights and Democracy (TCHRD)). The Chinese authorities were so intent on closing down information channels in Sichuan Province that they restricted access to fax machines and long distance telephone calls from February 2003 in order to prevent the world's press from writing further articles on the case and the resulting crackdown. Lobsang Tenphen and a fellow businessman called Didi were detained in February 2003 on suspicion of passing information onto foreign journalists, though Didi was later released in April 2003.

Lobsang Tenphen is currently incarcerated in Ngaba (Ch: Aba) Prison in Sichuan Province. Even if Lobsang in fact had handed on information to foreign journalists he would merely be exercising his right to freedom of expression. China is therefore in direct contravention of the right to self-expression as set out in the International Covenant on Civil and Political Rights (ICCPR) which China has signed though not as yet ratified.

Tashi Phuntsok was a monk in Rinpoche's monastery. He was arrested from his hospital bed in the days following Rinpoche's arrest and remains in extremely poor health (see Urgent Campaign 5 & 6 August 2003). He is serving seven years in prison after being sentenced in November 2002 on charges of colluding with Rinpoche to cause explosions. The charge of "causing explosions" was one that Rinpoche denied at his original trial in December 2002. It is feared that given the prison conditions and the prevalence of torture in Tibet's prisons combined with his already poor health, Tashi is at risk of dying in prison. Indeed, it has been alleged that all of the men detained or arrested in connection with this case have been tortured.

Elderly village leader, Tserang Dhondrup who was released last July from a five year sentence, undoubtedly handed down because of his support of Rinpoche, was so unwell that he was unable to walk unaided on his release. Pasang and Choetsom, two young monks who disapppeared since being questioned by the Chinese authorities have not been seen since.

26 January also marks the first anniversary of the execution of Lobsang Dhondup and the confirmation of a two year suspended death sentence against Tenzin Deleg Rinpoche. Please mark this anniversary by writing to the authorities listed overleaf outlining your concerns. Rinpoche has been held at a secret location with no access to lawyers, family, friends or medical personnel. At the UK and EU human rights dialogue sessions with China in October and November 2003 respectively, no new information or progress was provided by China on Rinpoche's case.

In December 2003, China may have set a new damaging precedent when it executed a Chinese citizen who had received a two year suspended death sentence on appeal only to have that reversed by China's Supreme People's Court as a result of internal political pressure. This was the first time that the Chinese Supreme People's Court had retried a criminal case after appeal since 1949. Traditionally, suspended death sentences in China and Tibet have been commuted to life imprisonment, though conditions in Tibet's prisons can be tantamount to a death sentence in themselves. Rinpoche could still be executed by April 2004.
 

Please write to those listed below with the following demands:

  • Write to the Chinese Minister of Justice pressing for the release of Lobsang Tenphen who has committed no crime. Also ask for Tashi Phuntsok to be released on medical parole and to ensure that he has access to immediate medical attention in the interim.

     

  • Press the Chinese authorities for an undertaking that they will not execute Tenzin Deleg Rinpoche and that he receives a fair retrial. Also call on the authorities to allow him immediate access to lawyers, family and friends and medical personnel.

    1. Minister of Justice
    Name:Zhang Fusen Buzhang
    Address: Sifabu (Ministry of Justice)
    10 Chaoyangpqu Nandajie
    Chaoyangqu
    Beijingshi 100020
    People's Republic of China
    Fax: + 86 10 6839 3014 or 6529 2345 (c/o Ministry of Communications
    Email: 
    minister@legalinfo.gov.cn
    Salutation: Dear Minister

    2. Governor of Sichuan Provincial People's Government
    Name: Zhang Zhongwei Daishengzhang
    Address: Sichuansheng Renmin Zhengfu
    Duyuanjie
    Chengdushi
    Sichuansheng
    People's Republic of China
    Fax: +86 28 8435 6784 or +86 28 8435 6789 (c/o Foreign Affairs Office of Sichuan Government)
    Salutation: Dear Governor

    3. Copies to the Chinese Ambassador in London
    Name:
    His Excellency Mr Zha Peixin
    Address: 49-51 Portland Place
    London W1N 3AH
    UK
    Fax: + 44 (0) 20 7636 2981 or + 44 (0) 20 7636 5578
    Email: press@chinese-embassy.org.uk
    Salutation: Your Excellency


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