A/HRC/7/10/Add.1
page 20
own volition, of the statue by the monastery citizens’ management committee was in compliance
with the laws and regulations. The Government stated that the allegation that the armed police
has demolished the statue is a sheer fabrication. It has been ascertained that no claim for
compensation has been made by the monastery, nor has it submitted any appeal. The monks and
the congregation have shown both understanding and support for the removal of the statue by the
monastery.
Observations
68.
The Special Rapporteur is grateful for the Government’s response.
Communication sent on 14 August 2007 jointly with the Special Rapporteur on the
promotion and protection of the right to freedom of opinion and expression
69.
The Special Rapporteurs brought to the attention of the Government information they had
received concerning Mr. Runggye Adak, of the Yonru nomadic group, as well as reportedly 200
people allegedly involved in a protest to release him from prison. According to the information
received, on 1 August 2007, Mr. Adak took the stage during the annual horse racing festival in
Lithang, in the Kanze autonomous prefecture in the Suchuan province. He allegedly made a
statement defending the Dalai Lama’s return and the release of Gedhun Choekyi Nyima who has
been recognized as the eleventh reincarnation of the Panchen Lama by the Dalai Lama.
Furthermore, he stated that the people of Lithang should have freedom of religion or belief.
70.
Mr. Adak was reportedly arrested by the People’s Armed Police as soon as he made these
comments and subsequently taken into custody. According to the reports received, a large crowd
proceeded to the police station and gained access to the compound. The crowd was dispersed
after the authorities assured that Mr. Adak would be released the following day. On 2 August
2007, as people gathered in the police station again to demand the release of Mr. Adak, 200
protesters were allegedly taken into custody by the People’s Armed Police, including several
other members of the Yonru nomadic group.
Response from the Government dated 20 November 2007
71.
Mr. Runggye Adak, aged 53, is an ethnic Tibetan and farmer from Kahui village in Benge
rural district, Lithang county, Garzê prefecture. On 1 August 2007, he was taken into criminal
custody, in accordance with the law, by the Lithang county public security bureau on suspicion of
unlawful activities intended to foment the division of the State. On 25 August 2007, in
accordance with the provisions of article 103, paragraph 23, of the Criminal Code of the People’s
Republic of China, his detention was authorized by Garzê prefecture people’s procuratorate.
After measures of restraint had been imposed against Runggye Adak by the public security
bureau, he did not submit any complaint to the judicial authorities. The case is still at the pre-trial
inquiry and preliminary investigation stage and has not yet been referred to the procurator’s
office.
72.
The Chinese Constitution protects citizens’ freedom of religious belief and freedom of
expression. No one may be prosecuted because of their expression of their views or the legitimate
exercise of their right to freedom of religious belief. The Universal Declaration of Human Rights
and the International Covenant on Civil and Political Rights, together with other international
human rights instruments, clearly stipulate that the exercise of rights and freedoms must be