A/HRC/13/40/Add.1
governed by the rule of law. Everyone is equal before the law, and anyone who
violates the law shall be liable to punishment in accordance with the law, with no
distinction made for citizens on account of their religious beliefs. During the violent
criminal acts that were perpetrated in Lhasa and other locations, a small number of
monks and nuns took part in unauthorized demonstrations; in the course of these
demonstrations they engaged in violent activities that led to the death of scores of
persons and the injuring of hundreds more; they burned and destroyed public
property, including numerous homes and schools, they advocated separatism, they
harmed the State and they jeopardized public safety, seriously violating the Law of
the People’s Republic of China on Assemblies, Processions and Demonstrations and
the Criminal Law of the People’s Republic of China. The treatment shown by
China’s law enforcement and judicial authorities will differ depending on the nature
of the criminal offence: where the offence is serious, the offender’s criminal
responsibility will be ascertained; where the offence is minor, the offender will be
provided with education and released. This work is already under way.
• Investigations, prosecutions and trials: In the wake of the violent criminal events
that transpired in Lhasa, the law enforcement and judicial authorities of China and
the Tibet Autonomous Region conducted investigations and inquiries in accordance
with the law. On 29 April 2008, the Lhasa Municipal Intermediate People’s Court
held an open trial of some of the persons accused of participating in the “events of
14 March”. The court found 30 accused persons (Pasang et al.) guilty of the crimes
of arson, looting, instigating fights and troublemaking, assembling a group to attack
a State organ, disrupting public service and theft. The defendants Pasang, Sonam
Tsering and Tsering were sentenced to life imprisonment. The defendants Jigme,
Kalsang Bagdro, Karma Dawa, Dorje, Migmar, Ngawang Choeyang and Bagdro
were given sentences of fixed-term imprisonment of 15 years and more. The
defendants Yargyal, Choephel Tashi, Dorje Dargye, Ngawang, Kalsang Tsering,
Migmar, Sonam Tsering, Kelsang Samten, Tseten, Palsang Tashi, Lhagpa Tsering
Chewa (Sr.), Lobsang Tashi, Lhagpa Tsering, Darchen, Thubten Gyatso, Tashi
Gyatso, Kalsang Dondrub, Tenzin Gyaltsen, Kalsang Nyima and Yeshe were given
sentences of fixed-term imprisonment ranging from 3 to 14 years. The court
informed the accused that if they refused to accept these judgements they could file
an appeal with the Lhasa Municipal Intermediate People’s Court or with the Tibet
Autonomous Region Supreme People’s Court within 10 days of the date of service
of the judgement. China’s Criminal Procedure Law stipulates that People’s Courts
may or should appoint a defence counsel in cases where the defendant has not
appointed counsel, the case is of great social significance, the defendant is totally
without financial resources or the court considers that the prosecution arguments and
evidence submitted may affect the proper determination of the severity of the
sentence. Accordingly, the Lhasa Municipal Intermediate People’s Court appointed
defence attorneys for the 30 defendants. The defence arguments presented by these
lawyers were given full value during the trial proceedings, and the mitigating
circumstances that they cited in respect of the defendants, which were verified
through investigation, were all accepted by the court. China’s Criminal Procedure
Law stipulates that all citizens who are members of ethnic minorities have the right
to use their own spoken and written language in an appeal. Of the 14 open hearings
held in the Lhasa Municipal Intermediate People’s Court, the proceedings were fully
conducted in the Tibetan language in 9 cases, while in the remaining 5 cases the
defendants were provided with Tibetan-Chinese interpretation. It has been explained
that the costs associated with the defence lawyers and interpreters provided for the
defendants were entirely borne by the Tibet Autonomous Region Legal Aid Centre.
On the day of the hearings, more than 300 Lhasa residents, students and monks
representing all ethnic minorities and all groups within society attended the trials.
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