CAT/C/CHN/CO/4
page 9
(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.