TCHRD urges China to overturn death sentence

The Tibetan Centre for Human Rights and Democracy (TCHRD) expresses its serious concern for the fates of two Tibetans, Lobsang Gyaltsen and Loyak, who were sentenced to death by the Lhasa Municipal Intermediate People’s Court on 8 April 2009.

There is no information on whether the duos have appeal to the higher people?s court for review after the death sentence verdict by the Lhasa Intermediate people’s court. If no appeal is presented, then the sentence is automatically review by the Tibet Autonomous Region Higher People’s Court and submitted to the Supreme People’s Court for approval. As the intermediate period of review draws near, TCHRD is seriously concern about the prospects of their imminent execution as it was earlier reported that the two “have to be executed in order to assuage the people’s anger” as quoted saying by the court spokesman in the state media.

The Centre remains unconditionally opposed to the use of the death penalty in all cases, as a violation of the right to life and the right not to be subjected to cruel, inhuman or degrading treatment or punishment. It should also be noted that the death penalty has never shown to have a special deterrent effect nor should state use it to justify the wrong done by the defendant. Since the court trial took place in complete secret, almost nothing has been known of the circumstances under which the defendants, detained for more than a year, were tried.

It is highly doubtful whether the defendants received anything remotely like international standard for fair trial such as whether defendants were adequately represented by defense lawyers of their choice or to challenge the evidence brought against them in the court. The absence of due legal process is matter of great concern for the Tibetans inside Tibet who continue to face detention and are waiting farce trial.

TCHRD, therefore, appeals to the authorities of the People’s Republic of China (PRC) to rescind the death sentence of Lobsang Gyaltsen and Loyak, and commute their death sentences. The Centre also calls for the authorities to provide them with an opportunity to be re-tried in a judicial process that is more in tune with the international standards which China claims she adheres to. The series of protests that erupted across Tibetan areas since last spring, saw hundreds of Tibetans being detained arbitrarily, died, disappeared and imprisoned many with harsh prison sentences.

According to TCHRD, there are at least 235 known cases of Tibetans having been sentenced so far for varying prison terms. Of which 5 Tibetans were sentenced to death (three with two-year reprieve), 10 Tibetans with life imprisonment and around 130 Tibetans were slapped with 10 years or more of jail terms. The Chinese official statements over the past have revealed only 74 Tibetans sentenced to various prison terms in the TAR for their involvement in the “March 14 Lhasa riot.” Ngaba, Sangchu, Kardze region in the eastern part of Tibet in particular witnessed one of the most sustained protests and the highest number of arrest, however, the official Chinese newspaper, Ganzi Daily, dated 15 May 2009 acknowledged only 28 Tibetans having been sentenced so far in Kardze by the Kardze Intermediate People’s Court. The Centre has recorded at least 60 Tibetans from Kardze receiving court sentences so far for their participation in last spring protests.

This week China was re-elected for another three-year term to the 47-members UN Human Rights Council with promise of promoting and protecting human rights. In addition, the Information Office of the China’s State Council on 13 April 2009 published the First Working Action Plan on Human Rights Protection 2009-2010, promising citizens more legal protection, better livelihoods and greater civil and political rights that include rights of detainees and the right to a fair trial.

Though it was encouraging that the government of the PRC had made the effort to put the document out but China has routinely failed to implement protection enshrined in its own laws. Therefore, it is high time China make sincere effort to respect, follow and implement all the pledges made in the Action Plan which includes death penalty and improvement in judicial procedures for review.