A/HRC/7/3/Add.1
page 52
Para
38.
Country
Date
13/03/07
Type
JUA
Mandate
FRDX;
HRD; TOR
Allegations transmitted
Government response
the listed number for the local police were
dismissed as a wrong number, or the recipient
hung up when enquiries were made as to Mr.
Jamyang Gyatso’s whereabouts. Mr. Jamyang
Gyatso is currently being detained at an unknown
location.
Ablikim Abduriyim (subject of previously
transmitted communications
(E/CN.4/2006/95/Add.1, para. 85 and
A/HRC/4/37/Add.1, para. 152). He is currently
being detained at Tianshan Detention Centre in
Urumchi, Xinjiang Uighur Autonomous Region
(XUAR). Mr. Abduriyim was arrested on 13 June
2006, along with his brothers Mr. Alim Abduriyim
and Mr. Kahar Abduriyim. Subsequently, Mr.
Ablikim Abdiriyim was subjected to prolonged
interrogations and beatings whilst awaiting trial.
As a result of this treatment and the detention
conditions, he is suffering from ill health. However,
he is being denied access to medical treatment.
He has also been prevented from wearing warm
clothes provided by his family. Furthermore, on
26 November 2006, Mr. Ablikim Abduriym was
seen being carried out of Tianshan Detention
Centre on a stretcher. On 28 January 2007, Mr.
Abduriyim was charged and tried with "subversion
of state power", "ethnic separatism" and "sending
information over the Internet to Ms. Kadeer".
February, the Chinese security authorities ordered
that he be placed under restricted freedom of
movement, on his own recognizance, pending
trial.
By letter dated 17/07/07, the Government
informed the on 13 June 2006, he was taken into
custody. The Urumchi city people’s procurator’s
office in the Xinjiang Uighur Autonomous Region
laid charges against the defendant Ablikim
Abdureyim for the offence of incitement to
separatism and instituted proceedings against him
with the Urumchi city people’s intermediate court.
On 17 April 2007, the Urumchi city people’s
intermediate level court handed down its
judgement and published its verdict: pursuant to
the provisions of article 103, paragraph 2, article
56, article 55, paragraph 1, and article 106 of the
Criminal Code of the People’s Republic of China,
Ablikim Abdureyim was sentenced to nine years’
fixed term imprisonment and stripped of his
political rights for three years, for the offence of
incitement to separatism. In the course of this
case, the courts, in accordance with the law,
safeguarded Ablikim Abdureyim’s lawful rights.
Ablikim Abdureyim did not appoint defence
counsel, nor did he request the court to assign a
defence lawyer on his behalf. Article 34 of the
Chinese Code of Criminal Procedure provides
that, “if a defendant is blind, deaf or mute, or is a
minor, and has not appointed defence counsel,” or
“could be sentenced to death, but has not
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