Tibetans denied of rights to fair trial, access to lawyer under Chinese rule – Report


Tibetans living under China’s rule are routinely denied the right to a fair trial and access to lawyers, a newly published report by a rights group says.

The Tibetan Centre for Human Rights and Democracy (TCHRD) says in its July 2020 report “Barriers to Exercising the Right to a Fair Trial in Tibet” that judicial proceedings against Tibetans are often held in secret and confessions obtained under torture used against them in court.

Especially in cases deemed politically sensitive, “Tibetans are rarely informed of their right to counsel,” the Dharamsala, India-based TCHRD said.

“Very rarely are they able to retain a defence lawyer of their own choice. Many do not have legal representation at their trials,” the report said.

TCHRD added that in court proceedings involving “state security” or “state secrets” charges, “the cases against Tibetans are mostly completely closed to the public and the media.”

Family members are also often not told of their loved one’s detention or arrest, especially during periods of pre-trial detention when they are most likely to be severely tortured, TCHRD said.

“Since Tibetan detainees are mostly charged with national security crimes without due process, they are held incommunicado for months and sometimes never to be found alive.”

China’s procuracy meanwhile fills a dual role “as both prosecutor and supervisor of the legal process,” TCHRD said.

“It supervises the work of judges and the courts and can call for the reconsideration of cases including the instigation and extension of pre-trial detention, which result in a serious conflict of interest and a lack of independent oversight.”

Tibetans who try to voice their grievances against the Chinese government on social and environmental issues are frequently the targets of arrest, TCHRD researcher Pema Gyal told RFA’s Tibetan Service in a recent interview.

“And Tibetans who are arrested are barred from receiving a fair trial,” he said, citing the cases of Tibetan community leader Anya Sengdra, who had posted online criticisms of environmental damage and Chinese officials’ embezzlement of  poverty alleviation funds, and Tashi Wangchuk, who had advocated publicly for Tibetan language rights.

Both are now serving long prison terms, and neither one had committed a criminal act according to China’s own constitution or laws, which are frequently disregarded in criminal prosecutions, Gyal said.

“In China, independent judicial practice doesn’t exist,” Gyal said, “as the Chinese Communist Party appoints judges who don’t favour any case that goes against the CCP.”

Meanwhile, clampdowns on communications in Tibetan areas of China block the regular flow of information to outside contacts, Gyal said, adding, “We still don’t know the number of Tibetans who have been arrested.”

Both in China and Tibet, “[China’s] constitution provides for the rule of law, but the constitution also provides that the [ruling Chinese Communist]Party takes precedence and is above all else,” TCHRD said in its report.

“It is likely that high conviction rates will continue given the lack of judicial independence, restrictions on defense lawyers and the overarching requirement to maintain stability.”

“The security of the state and the Party is paramount,” TCHRD said. (Source: RFA)