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Urgent campaigns / Urgent Interventions / China / 2013 / October

China: Whereabouts of Mr. Tsultrim Gyaltsen and Mr. Yugyal unknown_Fear for their safety

CHN 161013

Arbitrary Detention/ Whereabouts unknown/ Fear for the safety

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

TheInternational 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 arbitrary detention of two Tibetans, a popular writer and a former policeman, Mr. Tsultrim Gyaltsen, 27 years old, and Mr. Yugyal, 26 years old, both living in Tengkhar Village in Shamchu Township, Diru County, Tibetan Autonomous Prefecture. OMCT fears for their safety since their fate and exact whereabouts remained unclear at the time of writing this urgent appeal.

According to the information received, on 11 October 2013 at about 1:00 am, Mr. Tsultrim Gyaltsen was arrested by a group of County Public Security Bureau (PSB) officers during a night raid at his home in Tengkhar. The PSB officers searched his entire place and confiscated his mobile phone, computer, books and other documents. He was reportedly detained on accusations of “engaging in separatist activities and disrupting social stability by spreading rumours”.

Mr. Tsultrim Gyaltsen, better known for his pseudonym “Shogdril”, is a popular and controversial writer, due to the political content of some of his writings and books. Mr. Tsultrim Gyaltsen was reportedly detained in relation to an event in Diry County, where he spoke against the Chinese government’s policies.

According to the same information received, on 12 October 2013 Mr. Yugal, a friend of Mr. Tsultrim Gyaltsen and a former PSB officer, was also arrested from his house on the same accusations than Mr. Tsultrim Gyaltsen.

At the time of writing this appeal, no information was available about the fate and exact whereabouts of Mr. Tultrim Gyaltsen and Mr. Yugyan. Furthermore, the exact charges held against them were also unknown.

The arrest and detention of Mr. Tultrim Gyaltsen and Mr. Yugyan occurred in the framework of a crackdown in Diru County. Since July 2013, Chinese authorities have been implementing various “patriotic” campaigns, which also include forcing Tibetans to fly the five-starred Chinese flags on their rooftops.

The International Secretariat of OMCT is gravely concerned about the safety of Mr. Tsultrim Gyaltsen and Mr. Yugyan.OMCT urges the competent authorities to guarantee their physical and psychological integrity at all times, in accordance with international human rights law, in particular the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and to immediately locate and disclose their whereabouts.

OMCT further urges for their immediate release since their arrests appear to be solely based on the peaceful exercise of their right to freedom of expression.

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 Mr. Tsultrim Gyaltsen and Mr. Yugyan

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

iii.            Grant them 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;

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.              Carry out a prompt, effective, thorough, independent and impartial investigation into the aforementioned facts in accordance with international human rights standards, the result of which must be made public,in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;

vi.            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. Li Keqiang Guojiazhongli, 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) Email: notice@scio.gov.cn

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

·       Ambassador Liu Zhenmin, Permanent Mission of the People’s Republic of China, Chemin de Surville 11, P.O. Box 85, 1213 Petit-Lancy 2, Geneva, Switzerland, Fax: +41 22 7937014, E-mail: chinamission_gva@mfa.gov.cn

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

***

Geneva, 16 October 2013

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

Properties

Date: October 16, 2013
Activity: Urgent campaigns
Type: Urgent Interventions
Country: China
Subjects: Arbitrary arrests and enforced disappearances

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