E/CN.4/1998/6
page 19
her religious beliefs. However, according to the authorities, proselytizing
in public places or from door to door exceeds the individual right of
followers to profess their religious beliefs. The authorities also stated
that the claims that the Jehovah's Witnesses had been denigrated in the local
press in the town of Assenovgrad were untrue. It was explained that the
police had intervened in numerous cases brought to their attention by citizens
complaining that they had been disturbed at home by Jehovah's Witnesses, whose
activities went beyond freedom of thought, conscience and religion. It was
further stated that Mr. Ralph Armlruster had impeded law enforcement officials
in the performance of their duty. Finally, it was reported that the
Alternative Military Service Act, which was due to come into force shortly,
would deal in detail with the grounds for refusal to perform normal military
service and the forms of alternative military service.
73.
China replied that 58-year-old Chadrel Rimpoche, former Vice-President
of the Political Advisory Conference of the Autonomous Region of Tibet and
former Director of the Board of Management of Trashilhumpo Monastery in
Shigatse, together with his accomplices Champa Chung, former Deputy Head
of the Board of Management of Dechingesanpochang (Shigatse district), and
Samdrup, former Director-General of the Zhangmu subsidiary of the Gangjian
Company in Tibet, had been found guilty of plotting against national unity,
after an investigation and trial by the People's Intermediate Court in
Shigatse district; in collusion with separatists abroad, they had engaged in
activities jeopardizing national unity and threatening social stability and
the development of Tibet. They were also found guilty of divulging State
secrets in breach of the rules on security, and all three of them voluntarily
admitted to their crimes.
74.
On 21 April 1997, the People's Intermediate Court in Shigatse district
sentenced Chadrel Rimpoche to five years' imprisonment for having plotted
against national unity, with three years' suspension of his political rights,
and two years' imprisonment for having divulged State secrets; the grounds
invoked by the Court were articles 92, 186 (1), 23, 24, 51, 52, 64 and 59 (2)
of the Criminal Code of the People's Republic of China. In view of the
circumstances of the case and in conformity with the law, the Court reduced
the total sentence to six years' imprisonment, but still with three years'
suspension of political rights. Champa Chung and Samdrup were sentenced to
four years' imprisonment with two years' suspension of political rights and
to two years' imprisonment with one year's suspension of political rights
respectively.
75.
As the case involved State secrets, the Court decided, in accordance
with article 152 (1) of the Code of Criminal Procedure of the People's
Republic of China, that the trial would not be public, and informed the
accused of the grounds for its decision at the commencement of the
proceedings. Chadrel Rimpoche and Champa Chung said that they would not use
the services of lawyers and that they would themselves exercise their right
of defence. Samdrup chose a defence counsel. After the hearing, all three
accused made their final statements. The Court handed down its verdict,
which all three accepted, stating that they would not appeal.
76.
According to the information provided by China, “Chinese citizens enjoy
freedom of religious belief. Chinese legislation guarantees the right to