China: Arbitrary detention of Ms. Yangkyi Dolma and Ms. Sonam Yangchen - CHN 003 / 0409 / OBS 059

08/04/2009
Urgent Appeal

The Observatory has been informed by the Tibetan Centre for Human Rights and Democracy (TCHRD) about the arbitrary arrest of Ms. Yangkyi Dolma and Ms. Sonam Yangchen, two nuns from Dragkar Nunnery in Kardze County, Kardze Tibetan Autonomous Prefecture (TAP), Sichuan Province, after they staged a peaceful protest calling for human rights for Tibetans and religious freedom in Tibet.

According to the information received, on March 24, 2009 at 3 pm, Ms. Yangkyi Dolma and Ms. Sonam Yangchen staged a peaceful protest at the Kardze County main market square, shouting slogans calling for human rights for Tibetans, religious freedom in Tibet and the swift return of the Dalai Lama to Tibet. Ms. Yangkyi Dolma distributed handful of handwritten pamphlets during the short protest. The Chinese People’s Armed Police (PAP) immediately arrested the two nuns and beat them indiscriminately with rods and electric batons before driving them away in a security vehicle.

Following the incident, at around 7 pm in the evening, a group of security forces stormed into Ms. Yangkyi Dolma’s family home, and rebuked the family members for “being the supporters of separatist forces”.

Early in the morning of March 25, 2009, two members of the Chinese security forces arrived at Ms. Yangkyi Dolma’s home and requested her brother Mr. Tsangyang Gyatso to report at the Kardze County Government headquarters, where he was rebuked and warned about his sister’s activities.

As of issuing this urgent appeal, Ms. Yangkyi Dolma and Ms. Sonam Yangchen remained reportedly detained at the Kardze Public Security Bureau (PSB) Detention Centre. No information could be provided on the charges that would be held against them.

The Observatory expresses its deep concern regarding the ill-treatments and arbitrary arrest and harassment of Ms. Yangkyi Dolma and Ms. Sonam Yangchen, which seem to merely sanction their human rights activities in flagrant violation of the provisions of the United Nations (UN) Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998.

The Observatory further points out that in April 2006 the PRC submitted a document to the UN in order to support its candidacy to the Human Rights Council’s first election, in which it affirmed that amendment had been made to the Constitution to aim at “defining the position of human rights in the overall national development strategy”, and that as a member of the Human Rights Council, the PRC “shall uphold the highest standards in the promotion and protection of human rights”.

Actions required:

Please write to the Chinese authorities urging them to:

i. Guarantee in all circumstances the physical and psychological integrity of Ms. Yangkyi Dolma and Ms. Sonam Yangchen;

ii.Release Ms. Yangkyi Dolma and Ms. Sonam Yangchen immediately and unconditionally since their detention is arbitrary, as it seems to merely aim at sanctioning their human rights activities;

iii. Put an end to all acts of harassment against all human rights defenders in China;

iv. Conform with Article 33.3 of the Chinese Constitution that states that “the State respects and safeguards human rights”;

v. Conform with the provisions of the UN Declaration on Human Rights Defenders, especially its article 1, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels”, its article 6(b), which states that “everyone has the right, individually and in association with others (...) to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms”, as well as Article 12.2, which provides that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”;

vi. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by the People’s Republic of China.

Addresses:

· Mr. Wen Jiabao, Prime Minister of the People’s Republic of China, Guojia Zongli, The State Council General Office, 2 Fuyoujie, Xichengqu, Beijingshi 100017, People’s Republic of China, Fax: +86 10 65961109 (c/o Ministry of Foreign Affairs)

· Ms. Wu Aiying, Minister of Justice of the People’s Republic of China, Buzhang Sifabu, 10 Chaoyangmen Nandajie, Chaoyangqu, Beijingshi 100020, People’s Republic of China, Fax: +86 10 6529 2345, minister@legalinfo.gov.cn / pfmaster@legalinfo.gov.cn

· Mr. Yang Jiechi, Minister of Foreign Affairs of the People’s Republic of China, Buzhang Waijiaobu, 2 Chaoyangmen Nandajie, Beijingshi 100701, People’s Republic of China, Fax: +86 10 6588 2594, Email: ipc@fmprc.gov.cn;

· Mr. Meng Jianzhu, Minister of Public Security of the People’s Republic of China, Buzhang, Gong’anbu, 14 Dongchang’anjie, Dongchengqu, Beijingshi 100741, People’s Republic of China, Fax: +86 10 63099216

· Mr. Ma Zhenchuan, Director of the Beijing Public Security Bureau, Juzhang, Beijingshi Gong’anju, 9 Qianmen Dongdajie, Dongchengqu, Beijingshi 100740, People’s Republic of China, Fax: +86 10 85222320, Email: wbjc2sohu.com

· Ambassador Sha Zukang, Permanent Mission of the People’s Republic of China, Chemin de Surville 11, P.O. Box 85, 1213 Petit-Lancy 2, Geneva, Switzerland, Fax: +41 22 7937014, E-mail: mission.china@ties.itu.int;

· Embassy of the People’s Republic of China in Brussels, Avenue de Tervuren, 463 1160 Auderghem, Belgium, Tel: + 32 2 663 30 10 / + 32 2 663 30 17 / +32 2 771 14 97 / +32 2 779 43 33; Fax: +32 2 762 99 66 / +32 2 779 28 95; Email: chinaemb_be@mfa.gov.cn.

Please also write to the diplomatic representations of the People’s Republic of China in your respective countries.

***

Geneva-Paris, April 8, 2009

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.

The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.

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Email: Appeals@fidh.omct.org

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