piątek, 18 lutego 2011

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armed police. More than 20 students . . . were detained, and are
believed to be still in custody for questioning and `education.' ''
    \155\ ``Primary School Students Stage Protest in Kham Driru,''
Phayul (Online), 24 March 10.
    \156\ International Campaign for Tibet (Online), ``Tibetans Mark
Uprising Anniversaries Despite Crackdown: Lhasa Like a `War-Zone,' ''
22 March 10; ``Primary School Students Stage Protest in Kham Driru,''
Phayul (Online), 24 March 10.
    \157\ Phurbu Tsering's case has been reported on by news agencies
including the New York Times (25 April 09), the Wall Street Journal (27
April 09), the Associated Press (21 April 09), Reuters (28 April 09, 31
December 09), BBC (1 January 10), and Times Online (London, 27 April
09, 30 December 09).
    \158\ For more information on Phurbu Tsering and his case, see
CECC, Special Topic Paper: Tibet 2008-2009, 22 October 09, 79-81.
    \159\ Tibetan Centre for Human Rights and Democracy (Online),
``China Sentences Tulku Phurbu Tsering Rinpoche to 8 Years, 6 Months in
Jail,'' 29 December 09; ``Tibetan `Living Buddha' Phurbu Tsering Jailed
by China,'' BBC (Online), 1 January 10.
    \160\ Gillian Wong, ``Tibetan Lama on Trial for Weapons Charge in
China,'' Associated Press, reprinted in Google (Online), 21 April 09
(``illegally possessing weapons, his Beijing-based lawyer Li Fangping
told The Associated Press in a phone interview''); Edward Wong,
``Senior Tibetan Cleric Faces Prison in China,'' New York Times
(Online), 25 April 09 (``charges of weapons possession and
embezzlement, according to his two lawyers [Jiang Tianyong and Li
Fangping]''); PRC Criminal Law, enacted 1 July 79, amended 14 March 97,
effective 1 October 97, amended 25 December 99, 31 August 01, 29
December 01, 28 December 02, 28 February 05, 29 June 06, 28 February
09, arts. 128(1), 271. Article 128(1): ``Whoever, in violation of the
regulations governing control of guns, illegally possesses or conceals
any guns or ammunition shall be sentenced to fixed-term imprisonment of
not more than three years, criminal detention or public surveillance .
. . .'' Article 271: ``Any employee of a company, enterprise or any
other unit who, taking advantage of his position, unlawfully takes
possession of the money or property of his own unit . . . if the amount
is huge, he shall be sentenced to fixed-term imprisonment of not less
than five years and may also be sentenced to confiscation of
property.''
    \161\ CECC, Special Topic Paper: Tibet 2008-2009, 10 October 10,
79-81; International Campaign for Tibet (Online), ``Verdict on Tibetan
Lama Deferred: Chinese Lawyers' Statement on Charges Against Phurbu
Rinpoche,'' 27 April 09. The ICT report describes the defense statement
as ``a document presented to the court.''
    \162\ International Campaign for Tibet (Online), ``Influential
Tibetan Lama Sentenced to Eight and a Half Years in Prison,'' 4 January
10. The ICT report cited a December 30, 2009, entry on the Tibetan
writer Woeser's blog.
    \163\ Office of the UN High Commissioner for Human Rights (Online),
Working Group on Arbitrary Detention, Report of the Working Group on
Arbitrary Detention: Addendum, Mission to China, 29 December 04, 22;
CECC, 2005 Annual Report, 11 October 05, 112. Jigme Gyatso was
sentenced in 1996 to 15 years' imprisonment for counterrevolution.
Chinese officials told a UN Working Group on Arbitrary Detention
(UNWGAD) delegation in September 2004 that he was guilty of ``planning
to found an illegal organization and seek to divide the country and
damage its unity.'' Office of the UN High Commissioner for Human Rights
(Online), Working Group on Arbitrary Detention, Opinions Adopted by the
Working Group on Arbitrary Detention, Opinion No. 8/2000, adopted 17
May 00, 67-70. The UNWGAD opinion on the case found that ``there is
nothing to indicate that the `illegal organization' . . . ever
advocated violence, war, national, racial, or religious hatred'' and
that Jigme Gyatso was ``merely exercising the right to freedom of
peaceful assembly with others in order to express opinions . . .''
    \164\ CECC, 2005 Annual Report, 11 October 05, 111-112. Choeying
Khedrub, a monk of Tsanden Monastery in the TAR, was sentenced in 2000 to life imprisonment for his role in a group of men who allegedly
printed pro-independence leaflets. According to information that the
Chinese Government provided to the UN Working Group on Arbitrary
Detention (UNWGAD), he was found guilty of endangering state security
and ``supporting splittist activities of the Dalai clique.'' The UNWGAD
reports that the Chinese response ``mentions no evidence in support of
the charges, or if they used violence in their activities,'' and finds
that the government ``appears'' to have misused the charge of
endangering state security.
    \165\ CECC, 2007 Annual Report, 10 October 07, 210. Bangri Chogtrul
(Jigme Tenzin Nyima), who lived as a householder in Lhasa and managed a
children's home along with his wife, was convicted of inciting
splittism and sentenced to life imprisonment in a closed court in Lhasa
in September 2000. ``Lhasa Court Commutes Life Sentence for Children's
Home Director to 19 Years,'' CECC China Human Rights and Rule of Law
Update, April 2006, 18. The sentencing document lists evidence against
Bangri Chogtrul that includes meeting the Dalai Lama, accepting a
donation for the home from a foundation in India, and a business
relationship with a Tibetan contractor who lowered a Chinese flag in
Lhasa in 1999 and tried to blow himself up. Jigme Tenzin Nyima
acknowledged meeting the Dalai Lama, accepting the contribution, and
knowing the contractor, but he denied the charges against him and
rejected the court's portrayal of events.
    \166\ CECC Political Prisoner Database. On August 1, 2007, Tibetan
nomad Ronggye Adrag climbed onto a stage at a horse-racing festival in
Litang (Lithang) county, Ganzi (Kardze) TAP, Sichuan province, and
shouted slogans calling for the Dalai Lama's return to Tibet, freedom
of religion, Tibetan independence, and the releases of Gedun Choekyi
Nyima (the Panchen Lama identified by the Dalai Lama) and Tenzin Deleg
(a Buddhist teacher from the same area imprisoned in 2002 on charges of
splittism and involvement in a series of bombings). The Ganzi
Intermediate People's Court sentenced him on November 20, 2007, to
eight years' imprisonment for inciting splittism (Criminal Law, Article
103(2)). ``CECC Political Prisoner Data Shows Rise in Tibetan
Detentions in 2007,'' Congressional-Executive Commission on China
(Online), 31 January 08; ``China Sentences 4 for Spying, Secessionist Activities,'' Xinhua (Online), 20 November 07; ``Tibetan Sentenced for
`Inciting To Split Country' at Sports Event,'' Xinhua (Online), 20
November 07; ``Tibetan Nomad Calling for Dalai Lama's Return Convicted
of Subversion and Splittism,'' Congressional-Executive Commission on
China (Online), 1 November 07. The CECC report cites an October 30,
2007, Radio Free Asia report that the Ganzi Intermediate Court
convicted Ronggye Adrag on charges of splittism and subversion
(Criminal Law, arts. 103, 105). (The court, however, did not sentence
Ronggye Adrag on the charge of subversion.)
    \167\ In addition to the 732 Tibetan political prisoners believed
to be currently detained or imprisoned and who were detained on or
after March 10, 2008, the Commission's Political Prisoner Database
recorded as of June 10, 2010, an additional 63 Tibetan political
prisoners detained or imprisoned on or after March 10, 2008, who are
known or believed to have been released, or who reportedly escaped or
died.
    \168\ For the purpose of calculating average sentences, the
Political Prisoner Database provides 20 years as a nominal length of a
life sentence. Official Chinese information about the actual average
time served by prisoners sentenced to life imprisonment is not
available.
    \169\ Ibid.
    \170\ Ibid.
    \171\ Ibid.

    Notes to Section VI--Developments in Hong Kong and Macau
    \1\ U.S.-Hong Kong Policy Act of 1992, Public Law No. 102-383,
enacted 5 October 92; Basic Law of the Hong Kong Special Administrative
Region of the People's Republic of China, enacted by the National
People's Congress 4 April 90, effective 1 July 97; Joint Declaration of
the United Kingdom of Great Britain and Northern Ireland and the
Government of the People's Republic of China on the Question of Hong
Kong, adopted 19 December 84.
    \2\ U.S.-Macau Policy Act of 2000, Public Law No. 106-570, enacted




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