VEN. NGAWANG DORJE

Gyaltsen Palsang

Lobsang Dolma

Jigme Gyantso

Thopgyal

Tenpa Tsering

Jamyang Tsultrim (with photo)

Norzin Wangmo

CHUNGDAK

Ani Pachen Dolma

L. Pema Lhundup

Introduction

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Each year Tibetans are arrested for the peaceful expression of their political or religious beliefs. Individuals may be imprisoned for the simple act of carrying a photograph of the Dalai Lama, for speaking the words “Free Tibet”, or for distributing materials calling for respect for human rights. There are currently more than 1,200 known Tibetan political prisoners in various Chinese prisons in Tibet. Thousands more have been detained since Chinese forces first entered Tibetan territory in 1949: thousands of men, women and children deprived of their freedom and separated from their family for inconceivably long periods.

Detention conditions in these prisons are chilling: a monstrous range of torture methods, physical and psychological, are used to obtain “confessions” or simply as an everyday humiliation. Some prisoners have spent decades behind bars and some have been imprisoned many times, re-arrested over and over for demonstrating the same beliefs that years of prison “reform” have not succeeded in extinguishing. Most prisoners are denied visits and contact with the outside world. Some have died in custody as a result of prolonged torture and inhuman living conditions.

Each year since the relaxing of the Tibet-Nepal border in 1980, Tibetans have been fleeing the persecution and repressive policies sanctioned by the government of the People’s Republic of China (PRC). Thousands of Tibetans risk the hazardous Himalayan mountain crossing to make their way to freedom and to recount what is happening in their homeland. Some of these Tibetans are former political prisoners. Their testimonies are a crucial insight into the continuing, systematic cruelty employed in Chinese-administered prisons, detention centres and labour camps.

“Verdict first, trial second” - China’s criminal justice system

Politically motivated prosecution and disregard for due process continue to be sanctioned in the PRC’s judicial system which fails dismally to meet international standards. Despite modifications to the Chinese Criminal Procedure Law (CPL) put into effect in 1997, arrest without warrant or charge, prolonged detention without trial and denial of access to legal counsel are still commonplace for Tibetan political prisoners. Many prisoners report being tortured during interrogation to “confess to their crimes” and closed trials in cases involving “state secrets” are still permitted under the revised law.

A common Chinese maxim sums up the China’s criminal procedure: xian pan hou shen ? “verdict first, trial second”. The guilt of the accused is generally decided during pre-trial investigation by committees made up of PSB or Party representatives. Of the five forms of pre-trial criminal detention, the only one subject to any review by a non-police organ is arrest and numerous loopholes in the original and the revised criminal provisions allow for near-indefinite custody. Administrative detention ? so-called “shelter and investigation” ? has been the most commonly applied measure as it is subject to virtually no outside checks and holding limits may be ignored. If no case can be made then a subject may be released without ever being charged.

A suspect is generally held completely incommunicado during the investigation period. Revised provisions requiring police to notify a suspect’s family within 24 hours of placing him or her in detention may be dispensed with and the right to counsel may be denied in cases dealing with “state secrets” ? a term expansively used in China and particularly invoked in cases of political activism. There is no known case of a Tibetan receiving legal assistance prior to or during trial proceedings.

“Leniency for those who confess”

The internationally recognised right to be presumed innocent until proven guilty has not been incorporated into Chinese criminal provisions. The right to remain silent is also absent. Since the guilt of a suspect is generally pre-determined, refusal to confess is seen simply as a sign of obstinacy and disobedience. “Lenience for those who confess, severity for those who resist” (tanbai congkuan, kangju songyan), officials threaten detained suspects.

Methods of extracting a “confession” from a suspect include extensive interrogation and torture sessions. Suspects, already severed from the outside world, are worn down by hours or days of repetitive questioning; weakened by food, water and sleep deprivation; broken by physical and mental abuse. Their “confession” will later be used against them in sentencing.

Lao jiao ? “re-education through labour”

In March 1996, the Administrative Punishments Law (APL) was passed. While the CPL is the statute governing punishment under the criminal law, the APL governs “administrative sanction”. Administrative sanctions are frequently used against Tibetan suspects and the system of lao jiao ? “re-education through labour” ? has been retained under the new revisions.

While “re-education through labour” theoretically applies principally to those who commit minor offences falling short of “crimes”, it has been widely used against political dissidents and Tibetan nationalists. Such a sentence is determined by a Re-education Through Labour Management Committee made up primarily of PSB representatives. There is no right to counsel or to a hearing and individuals may be detained in labour camps for as long as three years, with a one year extension for “failure to reform”.

Lao gai ? “reform through labour”

The Chinese criminal system in its entirety is known as lao gai ? “reform through labour”. Its basic aim is not simply punishment but also “reform and change for the better”. In addition to intensive labour requirements ? effective both in diminishing individual political zeal and in creating production profits -? inmates of prisons and camps are also required to undergo strenuous ideological training. This includes admitting their “criminal” past and promising to “reform” themselves according to communist doctrine.

The division of Tibetan political prisoners between prisons and labour camps is unclear. Sometimes the more “sensitive”, long-term political prisoners may be sent to prisons where they can be held in isolation. In other areas of Tibet all political prisoners who have been criminally sentenced go to prison. All prisoners receiving administrative sentences, in theory, are sent to separate “re-education through labour” camps.

Ultimately, there  is little real difference between the placements as prisoners in prisons must also work, often in on-site factories. Labour camp prisoners may be involved in heavy farming, mining or construction rock, sometimes in desolate, inhospitable areas of Tibet. “Reform” labour is mandatory for nine to ten hours a day with one day off every fortnight. In certain seasons prisoners may be expected to work 12 hours a day or even more if a particular timetable must be met. Those administratively sentenced to re-education through labour are purportedly paid for their work, but the minimal payment rarely covers more than their food and electricity charges.

In some cases, Tibetan political prisoners are made to continue working even after completing their term. This may occur where the prisoner cannot show he or she has anything to return to, or where it is deemed that the prisoner has “failed to reform”. These workers are still kept largely as prisoners and only occasionally are permitted to leave to visit family.

After release

When eventually released, a former political prisoner will be discriminated against in employment and social services. If they are a monk or nun they will be forbidden from rejoining any monastery or nunnery. They may be watched and followed; their families may also be targeted for suspicion or disadvantage. The chance of re-arrest is great.

Under such circumstances, many former political prisoners make the harrowing choice to leave  their family and homeland and make a new life in exile. Even if they survive the journey, the horror and trauma they have experienced do not cease. There are today approximately 500 former political prisoners struggling to live in exile. Long and brutal detentions have left physical and mental scars: they are haunted by nightmares of their past; some are crippled; some suffer chronic depression; many are alone. Trauma and confusion associated with adjusting to an unfamiliar environment, language, culture and way of life is inevitable.

Upon their arrival in Nepal and India, the Tibetan Reception Centre assist them with temporary provision of food, shelter, medical care and assistance with travel to the most appropriate place of settlement. However, in the period from 1989 to 1996 alone, the Reception Centre received 19,339 new arrivals from Tibet. The massive pressures on the resources of the Reception Centre mean that former political prisoners do not always receive particular attention; it may seem for many that their individual contribution to the Tibetan struggle has been in vain. It wasn’t.

The accounts compiled here tell the stories of twenty remarkable Tibetans who have undergone what most of us could never even imagine. They are stories of great suffering, great sacrifice and great spirit. For each one of these stories told, there are a hundred more untold. These are stories which at present have no end.

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China's major prisons and detention centres in Tibet

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Drapchi Prison
Officially known as the “Tibet Autonomous Region’s” No. 1 prison
Ch: Di yi jianyu (“No. 1 Prison”)

The only prison acknowledged by China to exist in Tibet. Known as Drapchi, after the neighbourhood in Lhasa where it is located in the north-eastern outskirts of Lhasa. Over 600 inmates, including some 350 known political prisoners. Drapchi is for judicially-sentenced prisoners only. While Chinese authorities have told visitors that the men detained there are those serving five years or more, many Drapchi prisoners are in fact serving lighter sentences. All women who have been serving judicially in political cases, regardless of the length of their sentences, are sent to Drapchi. There may be a labour camp/s attached to Drapchi.

Sangyip

Officially known as PAP (People’s Armed Police) No. 1 Branch
A military and prison complex located in the north-east suburbs of Lhasa (ten minutes drive) which includes:

• Sangyip prison Occasionally referred to as Yitridu

“Unit no. 1” (Ch: Di yi zhidui)
May have been adapted from a normal re-education-through-labour centre (Ch: laojiao) for use as a “forced job placement centre”, a semi-custodial facility where some prisoners have to work after release, in this case repairing motor vehicles. Our current records show six known political prisoners in detention. Probably situated within the compound officially named “The People’s Armed police Automobile Team” or within the group of compounds named officially as the People’s Armed Police (PAP) No. 1 Branch.

• Seitru (or Sitru) Also known as “No. 4 Branch” (Ch: Di si chu)

TAR Detention (Observation) Centre
Tib: Dasungkhang Shipa
“TAR”’s regional interrogation and detention centre (Ch: kanshousuo) for holding prisoners who have not been “arrested” (i.e. not charged). Those suspected of more serious political crimes, such as organising protests or collecting sensitive information, are believed to be held here for interrogation, possibly under the supervision of the State Security Bureau. Reports of number of inmates range from 15 to 60 and we know of six current political prisoners.

• Outridu  Or Authitu

“Unit no. 5” (Ch: Di wu zhidui)
Formerly a reform-through-labour centre (Ch: laogai) but now a re-education-through-labour centre. Almost empty of political prisoners today; most were moved from here to Trisam in mid-1992. Chinese authorities are reportedly expanding the capacity of Outridu by building several new blocks of cells. With the new additions, the previous five blocks will be enlarged to seven blocks each with 16 cells which are likely to have a capacity of 6 to 10 prisoners per cell.

Note:  A new modern prison has been built in the northern outskirts of Lhasa which may be intended as a higher security facility or a city or prefectural level Public Security Bureau Detention centre. It has two cell blocks and possibly a third with 12 to 14 cells each. It is located about 100 yards south-west of Outridu prison and it seems likely to be part of the Sangyip complex. Its name is unknown but, if part of Sangyip, may be named “liutridou” (Tibetan transliteration of the Chinese word liu zhidui) meaning “sixth unit”.

Sanyip Prison and Seitru are the only sections of Sangyip known to be holding political prisoners, but due to scarcity of information the reality may be quite different.

Gutsa  (or Gurtsa)
Ch: Di si ke (“No. 4 Unit”)

Detention centre for the prefecture of Lhasa located three miles east of Lhasa near the Kyichu river. Holds prisoners who are being investigated. They have either been “arrested” (i.e. charged) or given administrative sentences. Reported in 1990 to have included a kind of juvenile detention centre and there may be a separate women’s section named “Chinyugoa”, located right behind Gutsa, although other reports say women are kept within Gutsa itself. 138 people were listed as detained there in August 1995 for political offences. At present we have details of 64 political prisoners known to be under detention. Many of the political detainees were transferred to Trisam in 1992. Gutsa is also believed to incorporate sections which are used as Re-education-through-Labour centres.

Trisam Prison
Official name unknown. Sometimes referred to as Toelung Dechen or Toelung Bridge.

A new Re-education-through-Labour centre, probably for the Lhasa municipality. Located in Toelung, 10 km west of Lhasa. Opened in about February 1992 and received many of the political prisoners from Sangyip. There are three units; the first for political prisoners, the second for on-political and the third for women. Although the prison seems to specialise in political prisoners, there are currently 11 known political prisoners detained in Trisam.

Powo Tramo Labour Camp
Also known as Bo’b or Laogai No. 2.

 The Chinese Government has acknowledged the existence of a “Reform Labour Detachment” in or near the town of Tramo in Powo County, 500 km east of Lhasa. Powo Tramo is run by the regional authorities for sentenced long-term prisoners and 11 current political prisoners are known to be held there.

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Glossary of terms and abbreviations

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Barkhor - central circumambulation and market area around the Jokhang Temple
                 in Lhasa
Boe: Wooden container with a 14 kg capacity
CAT: UN Convention Against Torture and Other Cruel, Inhuman or Degrading
         Treatment or Punishment
CEDAW: UN Convention on the Elimination of All Forms of Discrimination
              Against Women
CERD: UN Convention on the Elimination of All Forms of Racial Discrimination
Counter-revolutionary: Legal/political term for an enemy of the state or for any act
          "committed with the goal of overthrowing the political power of the 
          dictatorship of the proletariat and the socialist system" (Chinese Criminal
          Code, 1980, Art. 90). The revised Criminal Law has replaced this term with
          "endangering state security"
County (Tib: dzong): Administrative division approximately equivalent to a
         district
CPL: Criminal Procedure Law (of China); the revised CPL came into effect on
         January 1, 1997
Detention Centre (Ch: kanshousuo): Place where prisoners are held without 
         charge and subject to investigation prior to sentencing. Gutsa is the
         detention centre for Lhasa prefecture and Seitru for "TAR"
DMC: Democratic Management Committee; these administrative organs
         established from 1962 in monasteries and nunneries in Tibet and
         reconstituted under the "patriotic re-education" campaign
Drapchi Prison: Officially known as "Tibet Autonomous Region No. 1 Prison;  the
         only prison in Tibet acknowledged by the PRC
Endangering State Security: Charge introduced in the revised CPL to replace 
         "counter-revolutionary"
Floating Population (Ch: liudong renkou): Used to refer to those settlers who are
         unregistered permanent and temporary residents in Tibet
Gyama (Tib) - Unit of measurement equivalent to 500 grams
ICCPR: UN International Covenant on Civil and Political Rights
ICESCR: UN International Covenant on Economic, Social and Cultural Rights
Khel - The load that can be carried by a yak; equivalent to 28 gyama
Lhasa City: This municipal area incorporates the city of Lhasa, the capital of Tibet,
           as well as administering eight counties
Mosey: Ten mosey is equal to one yuan
Mu: A measure of land area equal to 67 square metres
Patriotic Re-education: A sub-campaign of "Strike Hard" under which Chinese 
          work-teams have been sent  in to Tibetan monasteries and nunneries to
          enforce Communist ideology
Phing: Ten phing is equal to one mosey (Chinese currency)
PRC: People's Republic of China
Prostrate - Buddhist practice of lying down before any sacred body
PSB - Public Security Bureau
Rukhag: One small unit within a village
Sang: Unit of measurement euivalent to 50 grams (ten sang = one gyama)
Sho: 10 sho is equal to one sang
Splittist (Tib: khadrel ringluk): A term used by China to refer to those who
         advocate the Tibetan  independence
Strike Hard (Ch: yanda; Tib: dungdek tsanen): A campaign targetted at crushing
         corruption and  crime. Within Tibet, Chinese authorities have focused on
         "splittist" actions 
TAP: Tibetan Autonomous Prefecture; 10 of these administrative areas (below the
         level of a province or region) were created outside "TAR" by the Chinese
         authorities and are located in north and eastern Tibet (in the Tibetan 
         provinces of Kham and Amdo)
TAR: Tibet Autonomous Region; formally created by China in 1965, this area of 
         central and western Tibet is the only area recognised by China as "Tibet"
TCHRD: Tibetan Centre for Human Rights and Democracy
TIN: Tibet Information Network; an independent monitoring group based in London
UDHR: UN Universal Declaration of Human Rights
Work team (Ch: gongzuo dui, Tib: las don ru khag): Specially formed and temporary
           units of Party members sent to conduct investigations or give re-education
           in an institution or locality
Yuan - Chinese currency; 8 yuan is equivalent to US$1

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