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implementation of the law”. According to the information received, those prosecuted
have been unfairly tried and many have received lengthy prison sentences. In this
respect it is reported that on 5 November 1999, a Notice issued by the Supreme
People’s Court instructed all local courts to do their “'political duty”' in bringing to
trial and punishing “severely” those charged with “crimes of heretical organizations”,
“particularly Falun Gong”, and to handle these cases “under the leadership of the
Party committees”.
66.
On 19 October 2004, the Special Rapporteur, jointly with the Special
Rapporteur on the independence of judges and lawyers, the Special Rapporteur on
extrajudicial, summary or arbitrary executions and the Special Rapporteur on the
question of torture, sent an urgent appeal to the Government of China regarding
Tenzin Deleg Rinpoche, a 54-year-old Buddhist religious leader whose case has been
addressed by the Special Rapporteur in the past (see, inter alia, A/58/296, para. 33).
According to information received, he was at imminent risk of execution, following a
conviction based on a confession obtained under torture. It was reported that he was
arrested on 7 April 2002 following a bombing incident in Chengdu, Sichuan Province,
on 3 April 2002. He was found guilty on 29 November 2002 in a secret trial by the
Kardze (Ganzi) Intermediate People's Court in the Kardze Tibetan Autonomous
Prefecture, Sichuan Province, for "causing explosions" and "inciting separatism". On
2 December 2002 he was sentenced to death with a two-year suspension of execution,
which would expire on 2 December 2004. Tenzin Deleg Rinpoche was reportedly
held incommunicado for eight months, from the time of his arrest until the time of his
trial. He was reportedly tortured in detention, including by being shackled hand and
foot and suspended from above, and forced to confess. His conviction was upheld on
26 January 2003 by the Sichuan High People's Court, and he was moved to a secret
location afterwards. Numerous and credible reports have referred to serious
procedural flaws during Tenzin Deleg Rinpoche’s closed trial, in particular: violation
of the right to a public trial; violation of the right to chose his own lawyer; denial of
the right to know and have the opportunity to examine the evidence presented against
him in court. In view of his alleged detention incommunicado and allegations of
torture, concern was expressed for his mental and physical integrity, and that he may
not have received a fair trial in accordance with international standards.
67.
On 3 November 2004, the Special Rapporteur transmitted a communication to
the Government of China in relation to information received according to which, on
21 September 2004, in the Dungan mosque of Burqin, in the north-western XinjiangUighur autonomous region, the authorities compelled the local imam, Musa Ma, to
put in his office an instructional display outlining banned activities. Among banned
activities were: teaching religion "privately"; allowing children under 18 years old to
attend a mosque; allowing Islam to influence family life and birth planning behaviour;
propaganda associated with terrorism and separatism; religious professionals
acquiring large sums of money; the declaration of "holy war" (jihad); and promoting
"superstitious thoughts". The display also reportedly required all religious venues to
display land certificates, building certificates, imam qualification certificates,
operating permits, joint management contracts, and the appointment certificate of the
head of the religious venue. Reports indicated that these displays were not compulsory
in non-Muslim places of worship, like in the Xinjiang's two Orthodox churches. It
was further reported that similar displays hung in the offices of nearly all the imams
of Xinjiang's mosques.