CHINA: Allegation of torture & ill-treatment of teenage girl

[6 July 2012] - The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in the People’s Republic of China.

Brief description of the situation

The International Secretariat of OMCT has been informed by The Tibetan Centre for Human Rights and Democracy (TCHRD), a member of OMCT SOS-Torture Network, about the allegations of torture and arbitrary detention of a minor girl, J.D. (name withheld), 17 years old, in Kardze (Chinese: Ganzi) County, Kardze (Chinese: Ganzi) Tibetan Autonomous Prefectures, Sichuan Province.

According to the information received, on 24 June 2012 around 11:00 am J.D. started a peaceful protest on the main market of Kardze (Chinese: Ganzi) by throwing leaflets in the air and raising slogans that called for the return of His Holiness the Dalai Lama, for freedom in Tibet and for the release of Panchen Lama and Tibetan political prisoners. After she had been protesting for about four minutes, J.D. was arrested and beaten by the security personnel.

After J.D.’s arrest on 24 June 2012, her father approached the local police authorities and requested them to see his daughter, which the authorities denied. On 28 June 2012 J.D.’s father was informed that his daughter was being taken to the hospital. He went to the hospital and waited at the entrance, where he saw his daughter injured and being escorted by personnel of the local police. J.D. had injuries on her hands, back and legs. On 29 June 2012, J.D.’s father was finally allowed to meet his daughter.

According to the same information J.D. is currently detained in Kardze County’s Detention Centre, where her medical condition and well-being still remain of great concern.

OMCT has also been informed that J.D.’s aunt Traga, who is a nun, fell ill and had to be hospitalised after her release from prison because of the ill-treatment suffered while in detention. Traga had been arrested in 2008 for her involvement in the 2008 protest and sentenced to about two years in prison.

OMCT is gravely concerned for the safety of J.D. and urges the relevant authorities to take all necessary measures to guarantee her physical and psychological integrity, at all times, in accordance with international law, in particular the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child.

OMCT recalls that the arrest and detention of J.D. infringe the principle according to which deprivation of liberty of a child (below 18 years old) should “be used only as a measure of last resort and for the shortest appropriate period of time” (article 37-b of the UN Convention on the Rights of the Child). OMCT also recalls that "every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age" (article 37-c of the UN Convention on the Rights of the Child).

Actions Requested

Please write to the authorities in the People’s Republic of China urging them to:

1. Guarantee, in all circumstances, the physical and psychological integrity of J.D.;
2. Guarantee to her the respect of her rights in accordance with international juvenile justice law and standards;
3. Grant her unrestricted access to a lawyer of her choice and to her family, as well as guarantee that she is examined by independent doctors and receives adequate medical care if necessary and that she is kept separately from adults and from boys/ men detainees;
4. Order her immediate release since her detention appears to be solely based on the peaceful exercise of her right to freedom of expression;
5. Carry out a prompt, effective, thorough, independent and impartial investigation into these events, notably the allegations of torture and other ill-treatment, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;
6. Guarantee that no evidence obtained under torture and other forms of ill-treatment, or threats thereof, be used in court proceedings against her as stipulated in Article 15 of the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
7. Ensure that adequate, effective and prompt reparation, including adequate compensation and rehabilitation, is granted to the victim concerned;
8. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards, notably the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child.

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, [email protected] / [email protected];
• Mr. Dai Bingguo, 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: [email protected];
• 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
• 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: [email protected];

Further Information:

• More on children's rights in China