Jigme Gyatso

Jigme Gyatso

There are fears for the safety of Tibetan political prisoner and former monk Jigme Gyatso following reports that he has been maltreated and held in isolation since his meeting with the United Nations Special Rapporteur on Torture, Dr Manfred Nowak, in November 2005. Jigme Gyatso, who is serving 18 years in prison for ‘counter-revolution’ and ‘inciting splittism’, was apparently hospitalized earlier this year for a period of several weeks and is now unable to walk properly due to a leg injury. The UN Special Rapporteur on Torture, who met him during an official visit to Chushur (Chinese: Qushui) Prison near Lhasa on November 27, 2005 and called for his release, has been informed by ICT about the concerns for Jigme Gyatso’s welfare.

Forty-five year old Jigme Gyatso, a former monk from Kanlho (Chinese: Gannan) Tibetan Autonomous Prefecture in Gansu province, was sentenced to 15 years in prison on November 23, 1996 for “leading a counter-revolutionary organisation”, according to the official sentencing document in Chinese, a copy of which has been obtained by ICT and is published below in English. Jigme Gyatso told the UN Special Rapporteur on Torture that he had received a two-year sentence extension in May 2004 after shouting pro-Dalai Lama slogans while in Drapchi Prison, Lhasa. But the San Francisco-based organisation Dui Hua has subsequently been informed by official sources that the sentence extension was three years, giving a new release date for Jigme Gyatso of March 30, 2014.1

Jigme Gyatso received the longest sentence of a group of four other Tibetans who carried out various acts of peaceful resistance, including putting up a Tibetan national flag at Ganden monastery and discussing Tibetan independence. The sentencing document issued by the Lhasa Intermediate People’s Court makes it clear that Jigme Gyatso was regarded as the ring-leader, who had “systematically and purposefully organized an illegal and counter-revolutionary organisation that seriously damaged the social order”. At the time of his arrest in March 1996, he was running a restaurant in Lhasa after studying at Ganden monastery.

During his years in prison, Jigme Gyatso has endured severe torture on several occasions, including one incident in 1997 when he was beaten so severely that he could not move for several days. He told the UN Special Rapporteur on Torture on November 28 last year that conditions were much worse at the prison he is currently being held, Chushur, than at Drapchi. He said that at Drapchi the food was better, the cells were better lit and ventilated, and the temperatures inside were not as extreme in summers and winters.2 For some time since this conversation, Jigme Gyatso has been held in solitary confinement in particularly restricted conditions, and has reportedly suffered severe beatings.

Jigme Gyatso’s case was one of those raised to the Chinese authorities during a visit by the United Nations Working Group on Arbitrary Detention’s visit to Lhasa in September 2004. The Working Group has stated that Jigme Gyatso’s case was that of arbitrary detention in violation of articles 19 and 20 of the Universal Declaration of Human Rights, whereby “everyone has the right to freedom of peaceful assembly and association, that is, to associate, assemble and demonstrate peacefully.”3

Dr Manfred Nowak, United Nations Special Rapporteur on Torture, said in a report about his visit to China published March 10: “Since he has been convicted of a political crime, possibly on the basis of information extracted by torture, the Special Rapporteur appeals to the Government that he be released.”

Jigme Gyatso became a monk at the age of 21 at Labrang Tashikhyil Monastery in Gansu province and later transferred to Ganden Monastery in Lhasa. In the mid-1980s, he visited India and studied for some months at Drepung Monastery in south India.

Following his return from Tibet, he was first detained in March 1996 under suspicion of political activities, and held at Gutsa detention center in Lhasa prior to sentencing. A friend of Jigme Gyatso’s who is now in exile told ICT: “Jigme Gyatso was severely tortured at Gutsa. He was held in a dark room, separate to about 17 other Tibetans who were detained at the same time. He was kept in heavy shackles.” The same Tibetan source said that during his initial detention, Jigme Gyatso managed to smuggle out a letter to a comrade saying that he was likely to receive a long prison sentence, but that he had no regrets. He referred to the 10th Panchen Lama’s long prison sentence,4 and others who had served terms in jail for freedom, including the South African civil rights leader Nelson Mandela. When prison officials discovered that he had sent this letter, Jigme Gyatso was beaten.

In September 1997, security personnel from his home area came to interrogate him and tortured him so severely that he was reportedly unable to move for several days. He also endured torture together with all other political prisoners in Drapchi, following protests coinciding with the visit of a European Union delegation of Beijing-based ambassadors from three different European countries to the prison in May 1998. Jigme Gyatso reportedly sustained head wounds during the beatings in the aftermath of the protests on May 1 and 4 1998.

Jigme Gyatso’s recent sentence extension was imposed after an incident in March 2004 in which he yelled out, “Long live the Dalai Lama,” for which he was kicked and beaten, including with electric batons. The report of the UN Rapporteur on Torture states: “The electric batons were used on his back and chest with painful effect, and ceased once the Chief of Police came and stopped it.”

Dr Nowak was the first official international observer to visit the prison where Jigme Gyatso and other Tibetan political prisoners are held in Chushur (Chinese: Qushui) county, near Nyethang (Chinese: Nidang), off the road leading south from Lhasa towards Shigatse, where some Tibetan political prisoners have been transferred. Dr Nowak noted that in this prison as well as the others he visited in Tibet and China there is “a palpable level of fear and self-censorship”.

The Tibetan source, who is now in exile, expressed concern for his friend Jigme Gyatso’s current condition, saying: “He is a very honest and open-minded person with great devotion to the Tibetan people.”

Enclosed below is a translation by ICT from the original Chinese of Jigme Gyatso’s sentencing document. Tibetan names and other details have been added by ICT in square brackets.

Sentencing Document

Tibet Autonomous Region, Lhasa City People’s Intermediate Court
Criminal Sentencing Document
(1996) Lhasa Sentence #88

Prosecuting Organ, Lhasa City People’s Procuratorate

Defendant Jinmei Jiacuo [Jigme Gyatso], legal name Yideng Ciren [Yidem Tsering]; male, born in 1961; ethnic Tibetan from Xiahe [Sangchu] County in Gansu Province. Prior to arrest he was a resident of Gama Sangji Retirement Home in the Chengguan District of Lhasa City. He was detained for interrogation on March 30, 1996 by the Chengguan sub-station of Lhasa City Public Security for a case of organizing and leading a counter-revolutionary group. He was arrested according to law on August 29 of the same year and he is currently held in Lhasa City Public Security Detention Centre.

Defendant Dajie [Dergye], also known as Dawa; male, born in 1971; ethnic Tibetan from Mozhu Gongka [Meldro Gongkar] County. Prior to arrest he resided in a room rented from Lhasa City Cement Factory’s Vegetable Market and was an independent trader. He was detained for interrogation on March 30, 1996 by the Chengguan sub-station of Lhasa City Public Security for a case of actively supporting a counter-revolutionary group. He was arrested according to law on August 29 of the same year and he is currently held in Lhasa City Public Security Detention Centre.

Defendant Yixi Jiayang [Yeshi Jamyang], legal name Shilun [Silon]; male, born in 1967; ethnic Tibetan from Sajia [Sakya] County in Rikaze [Shigatse]. Prior to his arrest he lived at No. 10 of the rooms rented by the trucking corps of Lhasa Cement Factory and was an independent trader. He was detained for interrogation on March 30, 1996 by the Chengguan sub-station of Lhasa City Public Security for a case of actively supporting a counter-revolutionary group. He was arrested according to law on August 29 of the same year and he is currently held in Lhasa City Public Security Detention Centre.

Defendant Cidan [Tseten], legal name Danzeng Chilie [Tenzin Trinle]; male, born in 1968; ethnic Tibetan from Mozhu Gongka County. Prior to arrest, he resided at the Mozhu Gongka County Trade Bureau and was an independent driver. He was detained for interrogation on March 30, 1996 by the Chengguan sub-station of Lhasa City Public Security for a case of actively supporting a counter-revolutionary group. He was arrested according to law on August 29 of the same year and he is currently held in Lhasa City Public Security Detention Centre.

Defendant Luosang Weise [Lobsang Woeser], male, born in 1968; ethnic Tibetan from Mozhu Gongka County. Prior to his arrest he resided at the No. 4 Construction Company and was an independent trader. He was detained for interrogation on March 30, 1996 by the Chengguan sub-station of Lhasa City Public Security for a case of actively supporting a counter-revolutionary group. He was arrested according to law on August 29 of the same year and he is currently held in Lhasa City Public Security Detention Centre.

On November 17, 1996, Lhasa City Intermediate People’s Procuratorate brought a case against Jinmei Jiacuo, Dajie, Yixi Jiayang, Cidan and Luosang Weise for the crimes of organising and leading a counter-revolutionary group and of actively supporting a counter-revolutionary group. Following the court’s investigation and acceptance of the case a collegial panel of judges was assembled according to law and the case was publicly tried. The case for the TAR Lhasa City People’s Procuratorate was presented in court by the state prosecutor Yunzhu; the defendants Jinmei Jiacuo, Cidan, Dajie, Yixi Jiayang were in court to participate in proceedings. The case has now been concluded.

The TAR Lhasa City People’s Procuratorate charged that with defendant Jinmei Jiacuo’s support, Dawa, Dawa Ciren [Dawa Tsering], Ciren Pingcuo [Tsering Phuntsog], Jiayang [Jamyang], Suolang Bazhu [Sonam Padrgu], Luosang Longduo [Lobsang Longtok] (sentenced), Dajie, Yixi Jiayang, Cidan and Luosang Weise all gathered at Jinmei Jiacuo’s home on January 16 of the Tibetan calendar in 1993 to organise a “Tibetan Independence and Truth Small Group”, and presented group photos and Hada [katags, traditional Tibetan offering scarves] to illegal demonstrators in Lhasa. In January 1993, defendants Cidan and Luosang Weise put a poster of “Snow Lion Flag” at Ganden Monastery. To the accusation, the five defendants have no disagreement and they asked to receive shorter prison terms.

According to the investigation, the defendant on the night of 16th day of 1st month of Tibetan calendar 1992, Jinmei Jiacuo gathered defendant Dajie, Yixi Jiayang, Cidan, Dawa, Dawa Ciren, Ciren Pingcuo, Jiayang, Suolang Bazhu, and Luosang Longduo at his monastic house at Ganden Monastery. He personally established the counterrevolutionary organization “Truth Seeking Association of Tibetan Independence” and let all of the participants have a ritual ceremony in front of the “Snow Lion Flag” to join the counterrevolutionary organization. He then offered Hadas to Dawa, Dawa Ciren, Ciren Pingcuo, Jiayang, Suolang Bazhu, and Luosang Longduo, who were going to have an illegal demonstration. He also provided food for them. Early May 1993, Defendants, Cidan and Luosang Weise put a “Snow Lion Flag” at the Ganden Monastery.

According to the factors admitted by the five defendants and the testimony about each other’s actions, the case was very clear and the evidence was enough, therefore a conclusion be has been reached.

The court thinks the defendant violated the law of the country and systematically and purposefully organized an illegal and counterrevolutionary organization that seriously damaged the social order. His actions violated criminal law and actually committed the crime of organizing a counterrevolutionary organization and also functioned as the main criminal in this case and therefore he should be punished severely. Defendant Luosang Weise violated the law of the country. His aim was to commit counterrevolutionary activities. His action of putting the “Snow Lion Flag” violated criminal law and actually committed the crime of advocating counterrevolution. For the safe guard of the nation’s unification and harmony between the ethnic groups, and also hard strike to the separatism, the court according to Article 98, 102 , 51, 52, 22, 23 and 24 of the Criminal Law of the People’s Republic of China decided the following sentence:

  1. Defendant Jinmei Jiacuo organized and led a counterrevolutionary organization. He is sentenced to 15 years and deprived of political rights for five years;
  2. Defendant Dajie, committed the crime of participating in a counterrevolutionary organization. He is sentenced to five years and deprived of political rights for two years;
  3. Defendant Yixi Jiayang, committed the crime of participating in a counterrevolutionary organization. He is sentenced to five years and deprived of political rights for two years;
  4. Defendant Cidan, committed the crime of participating in a counterrevolutionary organization. He is sentenced to five years and deprived of political rights for two years;
  5. Defendant Luosang Weise, committed the crime of participating in a counterrevolutionary organization. He is sentenced to five years and deprived of political rights for two years;

If they object to this trial, within 10 days from the second day of this verdict, they can appeal via this court or directly to the People’s Supreme Court of the Tibet Autonomous Region. If you appeal by written document you have to prepare one original and three copies.

Judge: Awang [Ngawang]

Prosecutor: Nima [Nyima]

Representative Prosecutor: [blank]

The Lhasa City People’s Intermediate Court of the Tibet Autonomous Region

November 23, 1996

This one is the same as the original

Note taker: Dejie [Dekyi]

Court seal: The Lhasa City People’s Intermediate Court of the Tibet Autonomous Region

Footnotes
1 Dui Hua’s ‘Dialogue’ newsletter, Fall 2006

2 ICT report, New prison in Lhasa: increased surveillance for political prisoners, ‘oppressive’ cell-blocks – January 20th, 2006

3 United Nations Working Group on Arbitrary Detention report, E/CN.4/2001/14/Add.1, pges 67/70, May 17, 2000. A UNWGAD report issued in November 2000 referred to Jigme Gyatso’s involvement in establishing the organisation, “Association of Tibetan Freedom Movement”and said that “There is nothing to indicate that the ‘illegal organisation’…ever advocated violence, war, national, racial, or religious hatred…”

4 In 1962, the 10th Panchen Lama submitted a report to the Chinese leadership arguing that China’s policies on Tibet were leading to the eradication of religion and the decline of Tibetan culture. Two years later the Panchen Lama, then the most senior religious leader remaining in Tibet, was condemned without trial as an enemy of the people and spent most of the following 14 years in prison or under house arrest until his death in 1989.

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