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. 10

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