Open letter regarding the application of the death penalty
I am writing to request the British government urgently calls upon the relevant authoritiesin China to reverse the death penalties recently imposed on four Tibetans on 8 April by the Municipal Intermediate People’s Court in Lhasa.
The death penalties relate to three separate fatal arson cases in which a total of five Tibetans have been found guilty of starting fires. Lobsang Gyaltsen and Loyak, have been sentenced to death and a further two, Tenzin Phuntsog and Gangtsu were sentenced to death, each with a two-year reprieve. A fifth Tibetan, Dawa Sangpo, was sentenced to life imprisonment.
The prosecutions relate to incidents in Lhasa last March which subsequently resulted in spontaneous protests sweeping across the Tibetan plateau, demonstrating the strongest rejection of Chinese rule we have seen in decades. The protests were largely peaceful; however Free Tibet acknowledges there were individual cases of violence targeted against Chinese owned businesses in Lhasa, including arson attacks. Some arson attacks reportedly resulted in deaths, which should be investigated and prosecuted in accordance with international judicial standards.
Free Tibet condemns the use of violence in all circumstances and regrets all loss of life. We oppose the use of the death penalty in all circumstances.
Free Tibet is extremely concerned the evidence against these individuals is unsound and their convictions therefore unsafe. Access to Tibet has been severely restricted since the Spring 2008 protests, therefore it is impossible to verify the exact details of these cases. Information is currently only available via official Chinese government media sources; the reported information raises serious concerns.
On 8 April, Xinhua reported
“His [Tenzin Phuntsog] crime deserves the death penalty, but judges reached the verdict [death-sentence with a 2-year reprieve] while taking into consideration that he had been put up to the violence and showed a positive attitude in admitting his crime after he was arrested," the court spokesman said.
In November 2008, the UN Committee against Torture, in its fourth periodic review of China 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)
The Xinhua report also quotes a court spokesman who stated that legal safeguards of the defendants were respected. However in the absence of any independent observers, including foreign media it is impossible for this to be verified.
In recent months Free Tibet has documented a series of cases in which Tibetans have not been afforded the legal safeguards provided for in the constitution of the People’s Republic of China, Chinese Criminal Procedure Law or in customary international law, including access to legal counsel. For example in October 2008, Free Tibet reported lengthy sentences passed on eight monks from the Tibetan town of Kyabe for alleged bombing offences. According to reliable information received by Free Tibet, the monks were denied all access to legal counsel from the time of arrest to sentencing. The trial of the monks was conducted in camera according to the source and the nature of the charges and eventual sentencing of the monks were not made public by the court. The court only acknowledged the sentences passed on the Kyabe monks after it was contacted by the Associated Press.
The sentences imposed by the Lhasa court last week are the first death sentences to have been passed on Tibetans in cases relating to the protests of Spring 2008. More than 6,000 Tibetans were arbitrarily arrested following the events of last Spring, the whereabouts of I,000 are still unknown. There are serious concerns that last week’s death sentences may mark the beginning of a huge number of unsafe convictions.
In January this year, the Foreign and Commonwealth Office launched a framework for engagement with China which set out a series of objectives, including on the rule of law and specifically on the reduction of the application of the death penalty. In view of these UK Government objectives, I am calling on the UK Government;
To publicly and privately call on the Chinese authorities to reverse the death sentences passed on Lobsang Gyaltsen, Loyak, Tenzin Phuntsog and Gangtsu. It is imperative this is undertaken promptly as the death penalty could be carried out in a matter of weeks.
To secure guarantees that all trials of Tibetans are held in open court, with legal safeguards met, and that consular staff and foreign journalists be allowed to attend such court proceedings, where requested.
To request the publication ofa full list of the names and locations of all Tibetans still in detention after last year’s protests.
Please do not hesitate to contact me should you require further information regarding these cases. I look forward to hearing from you.
