(a)
The large number of persons detained or arrested in the aftermath of the March 2008 demonstrations
and related events in the Tibetan Autonomous Region and neighbouring Tibetan prefectures and counties in Gansu,
Suchuan and Qinghai provinces, and the reported lack of restraint with which persons were treated, based on
numerous allegations and credible reports made available to the Committee;
(b)
The failure to investigate the deaths resulting from indiscriminate firing by the police into crowds of
reportedly largely peaceful demonstrators in Kardze county, Ngaba county and Lhasa;
(c)
The failure to conduct independent and impartial investigations into allegations that some of the large
number of persons detained or arrested have been subjected to torture or cruel, inhuman or degrading treatment;
(d)
The failure to allow independent and impartial investigators into the region;
(e)
The consistent allegations that some of those arrested could not notify their relatives, did not have
prompt access to an independent doctor, nor to an independent lawyer, that lawyers offering to represent them were
warned and otherwise deterred from providing that legal assistance, and that the speeded up trials of 69 Tibetans led
to them being reportedly sentenced in a summary manner;
(f)
The large number of persons who have been arrested, but whose current whereabouts remain
unknown and which the State party has been unable to clarify despite written and oral requests from the Committee
(list of issues, question 2(l), CAT/C/CHN/Q/4) (arts. 2, 11 and 12).
The State party should conduct a thorough and independent inquiry into the reported excessive use of
force, including against peaceful demonstrators and notably monks, in Kardze county, Ngaba county
and Lhasa.
The State party should conduct prompt, impartial and effective investigations into all allegations of
torture and ill-treatment and should ensure that those responsible are prosecuted.
The State party should ensure that all persons who were detained or arrested in the aftermath of the
March 2008 events in the Tibetan Autonomous Region and neighbouring Tibetan prefectures and
counties have prompt access to an independent lawyer and independent medical care and the right to
lodge complaints in a confidential atmosphere, free from reprisal or harassment.
The State party should adopt all necessary measures to prohibit and prevent enforced disappearances,
to shed light on the fate of missing persons, including Genden Choekyi Nyima, and prosecute and
punish perpetrators, as this practice constitutes, per se, a violation of the Convention.
The State party should conduct investigations or inquests into the deaths, including deaths in custody,
of persons killed in the March 2008 events in the Tibetan Autonomous Region and neighbouring
Tibetan prefectures and counties.
2. Discrimination and violence against persons belonging to
national, ethnic or religious minorities
(24) The Committee is concerned with allegations raised in relation to acts of discrimination against and
ill-treatment of persons of ethnic minority groups, in particular the Tibetans and the Uighurs, such as Ablikim
Abdureyim, and with the alleged reluctance on the part of the police and authorities to conduct prompt, impartial
and effective investigations into such acts of discrimination or violence (arts. 2, 12 and 16).
Recalling the Committee’s general comment No. 2 (CAT/C/GC/2, para. 21), the State party should
ensure the protection of members of groups especially at risk of ill-treatment, by ensuring prompt,
impartial and effective investigations into all ethnically motivated violence and discrimination,
including acts directed against persons belonging to ethnic minorities. The State party should
prosecute and punish those responsible for such acts and ensure implementation of positive measures
of prevention and protection.
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