China (includes Tibet, Hong Kong, and Macau) – Tibet
Section 1. Respect for the Integrity of the Person, Including Freedom from:
There were no reports the government or its agents committed arbitrary or unlawful killings. There were no reports officials investigated or punished those responsible for such killings that had previously taken place.
Authorities in Tibetan areas continued to detain Tibetans arbitrarily for indefinite periods.
The whereabouts of the 11th Panchen Lama, Gedhun Choekyi Nyima, the second-most prominent figure after the Dalai Lama in Tibetan Buddhism’s Gelug school, remained unknown. Neither he nor his parents have been seen since Chinese authorities took them away in 1995, when he was six years old.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
According to credible sources, police and prison authorities employed torture and degrading treatment in dealing with some detainees and prisoners. There were reports during the year Chinese officials severely beat some Tibetans who were incarcerated or otherwise in custody. In the past, such beatings have led to death.
On August 13, Chinese authorities released Gonpo Tseten, a Tibetan from Machu (Chinese: Maqu) county of Ganlho (Chinese: Gannan) Tibetan Autonomous Prefecture (TAP) in Gansu province who had served 10 years of a 12-year prison sentence for “inciting separatism.” On August 17, overseas website Free Tibet reported the authorities had severely tortured and subjected him to forced labor while he was in detention. According to media reports, Gonpo had spearheaded Tibetan protests against the Chinese government in 2008.
Prison and Detention Center Conditions
Prison conditions were harsh and potentially life threatening due to physical abuse and inadequate sanitary conditions and medical care.
There were reports of recently released prisoners permanently disabled or in extremely poor health because of the harsh treatment they endured in prison (see Political Prisoners and Detainees subsection below). Former prisoners reported being isolated in small cells for months at a time and deprived of sleep, sunlight, and adequate food. According to individuals who completed their prison terms during the year, prisoners rarely received medical care except in cases of serious illness. There were many cases in which officials denied visitors access to detained and imprisoned persons.
Arbitrary arrest and detention remained serious problems. Public security agencies are required by law to notify the relatives or employer of a detained person within 24 hours of their detention, but they often failed to do so when Tibetans and others were detained for political reasons. Public security officers may legally detain persons throughout the PRC for up to 37 days without formally arresting or charging them. Criminal detention beyond 37 days requires approval of a formal arrest by the procuratorate, but in cases pertaining to “national security, terrorism, and major bribery,” the law permits up to six months of incommunicado detention without formal arrest. After formally arresting a suspect, public security authorities are authorized to detain a suspect for up to an additional seven months while the case is investigated. After the completion of an investigation, the procuratorate can detain a suspect an additional 45 days while determining whether to file criminal charges. If charges are filed, authorities can detain a suspect for an additional 45 days before beginning judicial proceedings. Public security sometimes detained persons beyond the period allowed by law, and pretrial detention periods of a year or longer were common.
Security officials frequently violated these legal requirements. It was unclear how many Tibetan detainees the authorities held under forms of detention not subject to judicial review.
According to the Central Tibetan Administration (CTA), on January 28, authorities arrested and detained Lodoe Gyatso from Nagchu (Chinese: Naqu) prefecture of the TAR after he staged a peaceful protest in front of the Potala Palace in Lhasa. Prior to the protest, Lodoe Gyatso published a video announcing his plans to organize a peaceful demonstration in support of the Tibetan people’s commitment to world peace and nonviolence under the guidance of the Dalai Lama.
Legal safeguards for detained or imprisoned Tibetans were inadequate in both design and implementation. Prisoners in China have the right to request a meeting with a government-appointed attorney, but many Tibetan defendants, particularly those facing politically motivated charges, did not have access to legal representation. In cases which authorities claimed involved “endangering state security” or “separatism,” trials often were cursory and closed. Local sources noted trials were predominantly conducted in Mandarin, with government interpreters provided for Tibetan defendants who did not speak Mandarin. Court decisions, proclamations, and other judicial documents, however, generally were not published in Tibetan.
In its annual work report, the TAR High People’s Court stated its top political tasks as fighting separatism, criticizing “the 14th Dalai (Lama) clique,” cracking down on the clique’s followers, and maintaining social stability, including by sentencing those who they claimed instigated protests and promoted separatism. The report also stated the court prioritized “political direction,” which included absolute loyalty to the Party.
In June the TAR High People’s Court hired 16 court clerks. Among the requirements for new employees were loyalty to the CCP leadership and having immediate family members with a “good record on combatting separatism” in the Tibet region.
Security forces routinely subjected political prisoners and detainees known as “special criminal detainees” to “political re-education” sessions.
POLITICAL PRISONERS AND DETAINEES
An unknown number of Tibetans were detained, arrested, and sentenced because of their political or religious activity. Authorities held many prisoners in extrajudicial detention centers and never allowed them to appear in public court.
Based on information available from the Political Prisoner Database (PPD) of the Congressional-Executive Commission on China, as of November 27, there were 303 Tibetan political prisoners known to be detained or imprisoned, most of them in Tibetan areas. Of those 303 cases, 132 were reported to be monks (current and former), nuns, or reincarnate teachers. Of the 123 cases for which there was available information on sentencing, punishment ranged from three years to life imprisonment. Observers believed the actual number of Tibetan political prisoners and detainees to be much higher, but the lack of access to prisoners and prisons, as well as the dearth of reliable official statistics, made a precise determination difficult. Authorities continued to hold an unknown number of people in detention centers rather than prisons.
There were three known cases of Tibetans self-immolating during the year. There have been 155 known immolations since 2009, more than half of which took place in 2012. Local contacts reported the decline in reported self-immolations was due to tightened security by authorities, the collective punishment of self-immolators’ relatives and associates, and the Dalai Lama’s public plea to his followers to find other ways to protest Chinese government repression. Chinese officials in some Tibetan areas withheld public benefits from the family members of self-immolators and ordered friends and monastic personnel to refrain from participating in religious burial rites or mourning activities for self-immolators. According to many contacts in Ngaba county, Sichuan province, officials place family members, relatives, and close friends of self-immolators on a security watch list to prevent them from meeting and communicating with international visitors and, in some cases, deprive them from receiving public benefits.
Self-immolators reportedly viewed their acts as protests against the government’s political and religious oppression. According to multiple contacts, the law criminalizes various activities associated with self-immolation, including “organizing, plotting, inciting, compelling, luring, instigating, or helping others to commit self-immolation,” each of which may be prosecuted as “intentional homicide.”
The TAR regional government punished CCP members who followed the Dalai Lama, secretly harbored religious beliefs, made pilgrimages to India, or sent their children to study with exiled Tibetans. Authorities continued to electronically and manually monitor private correspondence and search private homes and businesses for photographs of the Dalai Lama and other politically forbidden items. Police examined the cell phones of TAR residents to search for “reactionary music” from India and photographs of the Dalai Lama. Authorities also questioned and detained some individuals who disseminated writings and photographs over the internet.
The TAR CCP has also launched specialized propaganda campaigns to counter “Tibetan independence” including promoting the proliferation of party media into every household to undermine popular support for the Dalai Lama.
The “grid system” (also known as the “double-linked household system”) continued. The grid system involves grouping households and establishments and encouraging them to report problems in other households, including monetary problems and transgressions, to the government. Authorities reportedly reward individuals with money and other forms of compensation for reporting. While this allows for greater provision of social services to those who need them, it also allows authorities to more easily control those it considers “extremists” and “splittists.”
According to contacts in the TAR, Tibetans frequently received phone calls from security officials ordering them to remove from their mobile phones photos, articles, and contact information for international contacts the government deemed sensitive. Security officials visited the residences of those who did not comply with such orders.
In June news portal Phayul reported local officials arrested two Tibetans from Kardze (Chinese: Ganzi) of Sichuan province for possessing photos of the Dalai Lama after they raided the two men’s residences.