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download the report - International Campaign for Tibet

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INTERNATIONAL CAMPAIGN FOR TIBET<br />

<strong>Tibet</strong>an rioting that resulted in <strong>the</strong> detention and criminal prosecution of <strong>Tibet</strong>ans had<br />

also taken place in two counties in Lhasa municipality — Toelung Dechen and Tagtse<br />

(Chinese: Dazi) counties — on March 14 and 15 respectively, based on additional<br />

official <strong>report</strong>s (Xinhua, 29 April).<br />

None of <strong>the</strong> sentences involved accusations of manslaughter, indicating that <strong>the</strong> most<br />

severe sentences, possibly <strong>the</strong> death penalty, may still be <strong>for</strong>thcoming. In a state media<br />

<strong>report</strong> on July 11, Executive Vice Chairman of <strong>the</strong> TAR Pema Trinley drew attention<br />

to this. It is not known whe<strong>the</strong>r his comment that no death sentences have been carried<br />

out to date following <strong>the</strong> protests was made in order to appease <strong>the</strong> international<br />

community prior to <strong>the</strong> Olympics, or whe<strong>the</strong>r it was meant to highlight that <strong>the</strong>se sentences<br />

could be <strong>for</strong>thcoming after fur<strong>the</strong>r evidence was collected. 5 Following an<br />

amendment of China’s Organic Law of <strong>the</strong> People’s Courts that took effect on January<br />

1, 2007, if a court sentences a defendant to death, <strong>the</strong> Supreme People’s Court must review<br />

and approve <strong>the</strong> sentence be<strong>for</strong>e an execution can be carried out. Prior to <strong>the</strong><br />

amendment, <strong>the</strong> same court that would hear an appeal against <strong>the</strong> verdict (<strong>the</strong> TAR<br />

High People’s Court, in this case) also had <strong>the</strong> authority to issue final approval of <strong>the</strong><br />

sentence. 6<br />

A <strong>report</strong> by Human Rights Watch challenged <strong>the</strong> legitimacy of <strong>the</strong> sentencing procedures<br />

carried out so far in Lhasa, stating that actual trial proceedings, in which evidence<br />

from <strong>the</strong> prosecution was introduced, had been conducted covertly on<br />

undisclosed dates earlier in April, and that <strong>the</strong> <strong>Tibet</strong>ans were denied access to a meaningful<br />

defense with lawyers <strong>the</strong>y had chosen. 7 In an image released by <strong>the</strong> state media<br />

of <strong>the</strong> trial, one of <strong>the</strong> prisoners is sitting on a chair, which some observers have noted<br />

could mean <strong>the</strong>y were unable to stand following torture.<br />

Amnesty <strong>International</strong> stated in a recent <strong>report</strong> that “many hundreds, possibly thousands,<br />

of <strong>Tibet</strong>ans languish in prisons or detention centers without <strong>the</strong> government<br />

publicly acknowledging <strong>the</strong>ir whereabouts or <strong>for</strong>mally charging <strong>the</strong>m with a criminal<br />

offence.” 8<br />

News has recently emerged of a life sentence and two o<strong>the</strong>r long sentences being imposed<br />

on three <strong>Tibet</strong>an men in <strong>the</strong>ir twenties from Lotah township in Ngaba TAP in<br />

Sichuan <strong>for</strong> charges of “beating, smashing and looting.” Twenty three-year old Kalbeh,<br />

was sentenced to life on around July 10, according to <strong>Tibet</strong>an exile sources from <strong>the</strong><br />

area, while 27-year old Tsekho was sentenced to 13 years and Tirzoe, 25, sentenced to<br />

15 years, all at <strong>the</strong> Ngaba TAP Intermediate People’s Court. The same <strong>Tibet</strong>an source<br />

told ICT that <strong>the</strong> three were denied adequate legal representation. The source said<br />

that around 17 o<strong>the</strong>r <strong>Tibet</strong>ans from <strong>the</strong> area were in custody awaiting trial.<br />

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