E/CN.4/2000/9
page 51
Mahpir and Ilyas Zordun, three young Uighur men, who had been forcibly returned
from Kazakstan to the Xinjiang Uighur Autonomous Region (XUAR) on 11 February
1999. They had been arrested while attempting to cross the border between the
Republic of Kazakstan and the People's Republic of China. They were said to be
suspected of involvement in "ethnic separatist activities", and in 1998 a
warrant to arrest them was reportedly issued by the Ghulja Municipal Bureau.
227.
On 14 June 1999, the Special Rapporteur sent a joint urgent appeal in
conjunction with the Special Rapporteurs on the promotion and protection of the
right of freedom of opinion and expression and on extrajudicial, summary or
arbitrary executions on behalf of Zulikar Memet and Saydakhmet Memet, who had
reportedly been detained in Urumqi, the capital of Xinjiang Uighur Autonomous
Region (XUAR) in 1998 and February 1999, respectively. It was reported that they
were accused of "assisting separatist terrorists" and arrested owing to the fact
that they were brothers of Hemit Memet, who had been detained on 11 February
1999 along with Kasim Mahpir and Ilyas Zordun, all reportedly accused of
involvement in "ethnic separatist activities" (see above). They had reportedly
been moved from a prison in Urumqi to the public security police detention
centre in the city of Gulja (Yining).
228.
On 1 July 1999, the Special Rapporteur sent an urgent appeal on behalf of
Ngawang Choephel, who reportedly went missing in August 1995 when he was
travelling through Tibet, tape recording traditional Tibetan folk music. He had
reportedly been sentenced to 18 years' imprisonment for committing espionage. On
19 May 1999, the Working Group on Arbitrary Detention declared his detention
arbitrary. He was reportedly originally detained at the Nyari detention centre,
in Shigatse, but has since been transferred to the Powo Tramo prison in Tramo
county. His health has allegedly deteriorated since his imprisonment. In
particular, since 16 August 1998 he has reportedly been vomiting blood and is
suffering from tuberculosis and a gastric disease. A letter was reportedly
written to the Higher People's Court in China requesting permission for him to
have medical treatment, however no response was received.
229.
The Government replied on 15 December 1999 that in September 1998 the
Xigaze Intermediate People's Court found Ngawang Choephel guilty of spying and
on charges of separatism and sentenced him to 18 years' imprisonment, including
four years without political rights. The Government further replied that, on
appeal, the Tibet Autonomous Region Higher People's Court upheld the guilty
verdict, after a closed hearing. The Government advised that the hearing was
closed because the case involved State secrets. The Government further advised
that he is currently serving his sentence in Bomi prison in Tibet. In relation
to medical care, the Government replied that all offenders are entitled to
receive free medical care, including annual check-ups, as well as timely
treatment if they become ill. The Government reported that in October 1998,
Ngawang contracted bronchitis, a lung infection and hepatitis and was treated at
the prison hospital for over two months. He received a check-up in January 1999
which found him to be showing signs of recovery and he is now recuperating with
oral medication. The Government stated that as in the past, law enforcement
authorities are providing every respect and protection of his rights.
230.
On 23 July 1999, the Special Rapporteur sent a joint urgent action in
conjunction with the Chairman-Rapporteur of the Working Group on Arbitrary
Detention on behalf of a large number of Falun Gong practitioners who had
reportedly been recently arrested. Falun Gong is said to be an organization
committed to the improvement of its practioners' physical and mental well-being
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