piątek, 18 lutego 2011

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      \133\  CECC Staff Analysis.
    \134\ Some reports observed that in Karma Dondrub's case, charges
may have been revived as retribution for his efforts to obtain release
from detention or imprisonment of his two brothers who founded an
environmental organization that criticized local officials for hunting
protected wildlife. In Taygal's case, detention followed veiled advice
in a blog posting to which he was a signatory urging Tibetans who
wished to contribute to relief funds for victims of the April 14, 2010,
Yushu earthquake to do so through non-Party, non-government channels.
See, e.g., Human Rights Watch (Online), ``China: Drop Charges Against
Tibetan Environmental Philanthropist,'' 10 June 10 (``relatives and
friends believe revival of the decade-old charges stems from his
efforts to gain the release of his two brothers''); High Peaks Pure
Earth (Online), ``Earthquake in Tibet, Leading Tibetan Intellectual
`Shogdung' Detained in Xining,'' 26 April 10 (``do not send your
donations to the accounts of a certain organisation or a certain group
as if you were paying taxes'').
    \135\ ``Old Charge Resurfaces Against Prominent Tibetan,'' Reuters
(Online), 1 June 10; ``Tibetan Activist on Trial,'' Radio Free Asia
(Online), 22 June 10; Andrew Jacobs, ``Tibetans Fear a Broader
Crackdown,'' Associated Press, reprinted in New York Times (Online), 23
June 10.
    \136\ Human Rights Watch (Online), ``China: Drop Charges Against
Tibetan Environmental Philanthropist,'' 10 June 10. According to the
report, Karma Samdrub founded the Qinghai Three River Environmental
Protection Group which won awards including ``a one million yuan (about
US$130,000) grant as a `Model Project' from the One Foundation, a
charity created by the Chinese martial art movie star Jet Li; and the
Earth Prize, an environmental prize jointly administered by Friends of
the Earth Hong Kong and the Ford Motor company.''
    \137\ Christopher Bodeen, ``China Puts on Hold Trial of Tibet
Environmentalist,'' Associated Press, reprinted in Yahoo! (Online), 21  June 10 (``accused local officials in eastern Tibet of poaching
endangered species''). Human Rights Watch (Online), ``China: Drop
Charges Against Tibetan Environmental Philanthropist,'' 10 June 10
(environmental organization; Jigme Namgyal's sentence). According to
the report, security officials accused Jigme Namgyal of offenses
including ``interfering with state power organizations'' and ``harming
social stability'' and ordered him on November 13, 2009, to serve one
year and nine months' reeducation through labor. ``Tibetan
Environmentalist Jailed for 5 Years,'' Reuters (Online), 3 July 10. The
Changdu (Chamdo) Intermediate People's Court reportedly sentenced
Rinchen Samdrub to five years' imprisonment for ``inciting splittism''
because an article supportive of the Dalai Lama was posted on his Web
site. ``China `Jails Tibet Activist for Five Years,' '' BBC (Online), 3
July 10. Rinchen Samdrub reportedly denied posting the article to his
Web site.
    \138\ High Peaks Pure Earth (Online), ``Earthquake in Tibet,
Leading Tibetan Intellectual `Shogdung' Detained in Xining,'' 26 April
10 (``embrace modernisation and disassociate from traditional Buddhism
learning''); Andrew Jacobs, ``Tibetans Fear a Broader Crackdown,''
Associated Press, reprinted in New York Times (Online), 23 June 10
(``previously derided by many Tibetans for being `an official
intellectual' '').
    \139\ ``Quake Critic Arrested,'' Radio Free Asia (Online), 4 June
10; High Peaks Pure Earth (Online), ``Earthquake in Tibet, Leading
Tibetan Intellectual `Shogdung' Detained in Xining,'' 26 April 10. The
High Peaks Pure Earth article provides a translation of a statement in
a blog post to which Shogdung (Tagyal) was a signatory. The statement
advised would-be contributors to Yushu quake victims, ``However, do not
send your donations to the accounts of a certain organisation or a
certain group as if you were paying taxes. The best thing to do is to
send somebody one can fully trust to send one's contributions.''
    \140\ See, e.g., International Campaign for Tibet (Online), ``A
`Raging Storm': The Crackdown on Tibetan Writers and Artists After
Tibet's Spring 2008 Protests,'' 18 May 10.
 \141\ ``Filmmaker's Family To Appeal,'' Radio Free Asia (Online), 7
January 10. According to the RFA article, which cited Reporters Without
Borders (RSF), security officials detained Dondrub Wangchen on March
23, 2008. ``China Jails Tibetan Filmmaker,'' Radio Free Asia (Online),
6 January 10. RFA sources reported that a ``secret'' trial convicted
Dondrub Wangchen of ``splitting the motherland.'' See 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, art. 103 (``splitting the
State or undermining unity of the country''). See the CECC Political
Prisoner Database for more information on the case.
    \142\ International Campaign for Tibet (Online), ``Founder of
Tibetan Cultural Website Sentenced to 15 Years in Closed-Door Trial in
Freedom of Expression Case,'' 16 November 09; ``Chinese Courts Use
`Secrets' Law To Sentence Tibetan Online Authors to Imprisonment,''
CECC China Human Rights and Rule of Law Update, No. 2, 5 February 10,
2. CECC Staff Analysis. Based on the ICT report that ``disclosing state
secrets'' was involved, the charge may have been based on Article 111
of China's Criminal Law (``unlawfully [supplying] State secrets or
intelligence for an organ, organization or individual outside the
territory'').
    \143\ Woeser, ``Tibetans Currently Suffering the Calamity of
Imprisonment'' [Zhengzai jingshou laoyuzhizai zangren], Middle Way
Blog, 19 December 09. According to Tibetan blogger Woeser (Oezer,
Weise), ``Kunchok Tsephel was both a co-founder and editor of the first
Tibetan literary website in China. . . . The accusations against
[Konchog Tsephel] are connected to essays he published on his website .
. . .'' See the CECC Political Prisoner Database for more information
on the case.
    \144\ Tibetan Centre for Human Rights and Democracy (Online), ``A
Tibetan Writer-Photographer Sentenced,'' 19 November 09; ``Chinese
Courts Use `Secrets' Law To Sentence Tibetan Online Authors to
Imprisonment,'' CECC China Human Rights and Rule of Law Update, No. 2,
5 February 10, 2. CECC Staff Analysis. Based on the TCHRD report that



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