A/HRC/25/60/Add.2
in Yushu (Tibetan: Kyegudo) Tibetan Autonomous Prefecture, Qinghai province; as well as
the detention of three Tibetan monks and two lay Tibetan men in Dzachuka area, Serxu
(Tibetan: Sershul) County, in Sichuan province. According to the information received
arrests in the Zuogang county, Qamdo Prefecture involved six Tibetans who were arrested
for allegedly participating in a protest and were reportedly beaten by the security officials
after their arrest, and their current whereabouts are unknown. Similarly in Mangkang
County, Qamdo Prefecture monks were arrested for participating in a protest, and currently
the conditions and whereabouts of six of these detained monks are unknown. Ngawang
Topden was arrested and convicted in the city of Lhasa, capital of the TAR for storing in
his mobile phone images of Tibetans self-immolations, the Tibetan flag and other photos
showing Chinese abuse of Tibetans. He was sentenced to two years imprisonment accusing
him of being "reactionary, inciting the public and threatening social stability”. Mr.
Ngawang Topden is reportedly serving his sentence in a prison or “re-education through
labour” facility, near Duiling Deqing (Tibetan: Toelung) in Lhasa. Mr. Lobsang Jinpa, Mr.
Sonam Sherab, Mr. Sonam Yignyen, Mr. Ngawang Monlam, and Mr. Kalsang Tsultrimwas
were arrested and convicted in Chenduo County, Yushu Tibetan Autonomous Prefecture on
unknown charges after a raid where their personal possessions were confiscated. It was
reported that Mr. Jinpa and Mr. Tsultrim were beaten and tortured in prison by Chinese
police; they were severely injured and were hospitalized. Mr. Tsultrim allegedly remains in
hospital. Mr. Lobsang Samten, Mr. Sonam Namgyal, Mr. Thupten Gelek, Mr. Ngawang
Gyatso, and Mr. Lobsang Kelsang were arrested in Dzachuka area, Serxu county, Sichuan
province and their current whereabouts are unknown. An urgent appeal was sent on 9
August 2012 regarding systematic undermining of the autonomous functions and the rights
to freedom of religion, culture and expression of the Tibetan Buddhist community, and
signed by the Chair-Rapporteur of the Working Group on Arbitrary Detention; Special
Rapporteur in the field of cultural rights; Chair-Rapporteur of the Working Group on
Enforced or Involuntary Disappearances; Special Rapporteur on the right to education;
Special Rapporteur on the promotion and protection of the right to freedom of opinion and
expression; Special Rapporteur on rights to freedom of peaceful assembly and association;
Special Rapporteur on freedom of religion and belief; and the Independent Expert on
minority issues. The Special Rapporteur thanks the Government for the detailed response
dated 28 May 2013 where it is stated there were no “peaceful protest by monks” taking
place in Zuogang and Mangkang counties of Qamdo Prefecture, TAR in February, 2013. It
is also stated that Mr. Sonam Sherab, Mr. Sonam Yignyen were detained, in accordance
with law, on a charge of suspected crime to disturb public order by the Public Security
organ of Chenduo county, Qing Hai Province. Mr. Lobsang Jinpa was detained on a charge
of a suspected crime to instigate the split of the state and sentenced to 5 years imprisonment
with 2 years deprival of political rights. Mr. Ngawang Monlam and Mr. Kalsang Tsultrim
were detained on a charge of suspected homicide of an intentional nature. The beating that
led to his hospitalization, according to the Government, does not comport with the facts.
Mr. Sonam Namgyal, Mr. Lovsang Samten and Mr. Thupten Gelek were detained on
charges of suspected gathering to disturb public order and traffic order and their detention
is, according to the State, in the process of being reviewed. The Special Rapporteur would
like to remind the government of the People’s Republic of China that each Government has
the obligation to protect the right to physical and mental integrity of all persons. This right
is set forth inter alia in the Universal Declaration of Human Rights (UDHR), and the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (CAT). In this context, the Special Rapporteur would also like to draw
attention to paragraph 1 of Human Rights Council Resolution 16/23 which “Condemns all
forms of torture and other cruel, inhuman or degrading treatment or punishment, including
through intimidation, which are and shall remain prohibited at any time and in any place
whatsoever and can thus never be justified, and calls upon all States to implement fully the
absolute and non-derogable prohibition of torture and other cruel, inhuman or degrading
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