TLA:Chinese Human Rights Violations and Tenzin Delek Rinpoche

 

Introduction

This research report serves the purpose of providing information regarding the human rights violations committed against Tenzin Delek Rinpoche, an influential leader in his community in relation to the preservation of Tibetan Buddhist religion and culture. The report was created, in part, by examining various documents that establish the rights to freedom of religion and speech, rights of all ethnic groups, cultures, geographical demographic, the right to a fair trial, lawyer, etc. Some of these documents include the Constitution of The People’s Republic of China, The Criminal Procedure Law of the People’s Republic of China, and The Universal Declaration of Human Rights. The human rights violations perpetrated against Tenzin Delek Rinpoche are (1) The repression of the religion of Tibetan Buddhism, (2) The ceaseless destruction of Tibetan Culture, (3) Suppression of freedom of speech, freedom of culture, and all legal rights. The primary purpose of this research report is to bring awareness to these human rights violations perpetrated by the Chinese government against Tibetans. By bringing increased awareness to these heinous crimes against humanity, The Tibetan Legal Association hopes that the international community will join in resistance against the Chinese Government and hold the body accountable for their frequent violation of human rights, with the overarching intention of bringing expanded justice, compassion, and freedom to the people of Tibet.

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Tibet Under China; Friends of Tibet http://www.friendsoftibet.org/databank/tibethistory/tibeth2.html The Case Concerning Tibet; Tibet Justice 2013 http://www.tibetjustice.org/reports/sovereignty/the_case_concerning_tibet-updated2013.pdf Tibet A History Sam Van Schaik; Yale University Press New Haven and London 2011, pg. 210-215 Tibet and China in the Twenty-first Century Nonviolence Versus State Power; John Heath SAQI 2005, The Invasion of Tibet and its Aftermath – pg. 91-11 Human Rights Watch; Report on China and Tibet (2015) https://www.hrw.org/world-report/2016/country-chapters/china-and-tibet The Constitution of the People’s Republic of China (adopted on December 4th, 1982) https://www.purdue.edu/crcs/wp-content/uploads/2014/04/Constitution.pdf Human Rights Watch; Report on Tenzin Delek Rinpoche (February 8, 2004) https://www.hrw.org/report/2004/02/08/trials-tibetan-monk/case-tenzin-delek Human Rights Watch; Report on the Release of Tenzin Delek Rinpoche (2015) https://www.hrw.org/news/2015/07/15/china-release-tibetan-monks-body The Universal Declaration of Human Rights (1948) http://www.humanrights.com/what-are-human-rights/universal-declaration-of-human-rights/articles-01-10.html The Criminal Procedure Law of the People’s Republic of China (1996) https://www.oecd.org/site/adboecdanti-corruptioninitiative/46814279.pdf

Part I –  History

The myriad human rights violations committed by the Chinese Government have been nothing out of the ordinary for the past century. Between the invasions and cultural genocides perpetrated against the people of Mongolia, Taiwan, and, most recently, Tibet, The Chinese Government is internationally notorious for its continuous effort in perpetuating torturous acts against groups of people and cultures.

Prior to the invasion of the Chinese Communist Party (CCP), Tibet was internationally recognized as an “independent, sovereign nation”.¹ The Chinese Government thought it beneficial for its national and international progress economically and politically to control Tibet. The geographical location of Tibet is unique in itself and some historians might say that this, alone, was the main reason that China desired to take ownership of Tibet. All of the water systems in Asia originate from the Himalayas of Tibet. Thus, control of a resource so vital to life could bring great power to the Chinese Communist Party. In addition, Chinese nationalism was also a contributing factor that led to the eventual invasion of Tibet by the Chinese Communist Party. Previously, China had been internationally “humiliated” due to failing to gain control of Britain, Japan, and other powers.² The Chinese military’s aim of conquering Mongolia, Taiwan, and now Tibet appeared to prove to the world that China is a powerful international force. In other words, it its acquisition of Tibet asserted that China must “be reckoned with, fully united and, so to speak, ready for business.”⁴ Furthermore, Tibet is a nation that does not fit the predominant, originally Western concept of being ‘civilized’ whatsoever, is relatively small in comparison to modern-day China. As a result, it had a military consisting of only a small fraction of the soldiers in the People’s Liberation Army (PLA). ³ These factors, combined with Tibet’s lack of international diplomatic status, enabled China to pursue Tibet with relative ease. In addition, taking Tibet would mean that China would border India, which could bolster trade and potentially function as a significant contribution to Chinese international status. While the advantages of gaining the rule of Tibet were vast, the only major disadvantage was its harsh climate due to high elevation on a plateau between mountains, which obviously affect daily life, traditions, clothing, diet, etc. Consequently, in 1949 the Chinese Communist Party acted upon its goals in furthering their country, specifically expanding their economic and political stature.

The Chinese invasion of Tibet began in 1949, when approximately 40,000 Chinese troops arrived with the ‘secret’ intention of conquering the lands, bodies, and minds of the Tibetans. Chairman Mao Zedong, the leader of the Chinese Communist Party at the time, pushed the Chinese armed forces (PLA), hybrid ‘communist’ government system and accompanying dictatorial society onto the people of Tibet by exclaiming that ‘he was simply trying to help’. Mao was determined to negotiate in a manner that would appear peaceful on the surface, so the Chinese government proposed the 17-point Agreement on Measures for the Peaceful Liberation of Tibet, to which the Tibetan government agreed on May 23, 1951. The Chinese government had promised no changes would take place in Tibet’s government or military, no harm would come to its peoples, and that the Tibetans would be free from imperialist oppression. All of these promises to Tibetans were blatant lies and modes of manipulation. By signing this agreement, Tibet, with much resistance and reluctance, agreed to becoming a part of the People’s Republic of China as a “peaceful liberation”.⁴

Moreover, following Mao Zedong’s aforementioned manipulation of the Tibetan Government into joining the People’s Republic of China in 1951 and repeated promise to provide the people of Tibet with modernized technologies and various modes to improve their lives, the Chinese government stripped the Tibetans of all freedoms of practicing cultural traditions by replacing all Tibetan Buddhist Temples with Maoist Temples and completely eliminating Tibetan language from all school in deference to Chinese Mandarin instead. In addition, Tibetans who illegally kept a picture of their religious leader, His Holiness The Dalai Lama in their home, who did not obey the extremely restrictive ‘secretive’ laws against their own culture and those who peacefully protested against the oppression of the Chinese Government, faced illegal and unimaginably inhumane atrocities, as they still do today. ⁴ In a recent study made by the Human Rights Watch in 2015, “China has shown no serious willingness to adopt the independent experts’ recommendations to eradicate torture and ill-treatment in detention. In doing so, the Chinese government rejects the core purpose of UN reviews, and deepens the pain of torture survivors.” The rest of this research consists of a deep analysis of the case against Tenzin Delek Rinpoche, who became a victim of multiple human rights violations under the care of the People’s Republic of China. ⁵

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Tibet Under China; Friends of Tibet http://www.friendsoftibet.org/databank/tibethistory/tibeth2.html The Case Concerning Tibet; Tibet Justice 2013 http://www.tibetjustice.org/reports/sovereignty/the_case_concerning_tibet-updated2013.pdf Tibet A History Sam Van Schaik; Yale University Press New Haven and London 2011, pg. 210-215 Tibet and China in the Twenty-first Century Nonviolence Versus State Power; John Heath SAQI 2005, The Invasion of Tibet and its Aftermath – pg. 91-11 Human Rights Watch; Report on China and Tibet (2015) https://www.hrw.org/world-report/2016/country-chapters/china-and-tibet The Constitution of the People’s Republic of China (adopted on December 4th, 1982) https://www.purdue.edu/crcs/wp-content/uploads/2014/04/Constitution.pdf Human Rights Watch; Report on Tenzin Delek Rinpoche (February 8, 2004) https://www.hrw.org/report/2004/02/08/trials-tibetan-monk/case-tenzin-delek Human Rights Watch; Report on the Release of Tenzin Delek Rinpoche (2015) https://www.hrw.org/news/2015/07/15/china-release-tibetan-monks-body The Universal Declaration of Human Rights (1948) http://www.humanrights.com/what-are-human-rights/universal-declaration-of-human-rights/articles-01-10.html The Criminal Procedure Law of the People’s Republic of China (1996) https://www.oecd.org/site/adboecdanti-corruptioninitiative/46814279.pdf

Part II. Tenzin Delek Rinpoche

Tenzin Delek Rinpoche, “one of Tibet’s highest-profile political prisoners”^{3 a} and an influential leader in the realm of Tibetan Buddhism, was sent to a Chinese prison for a crime he did not commit for over thirteen (13) years, serving a life sentence. He was charged with the involvement in bombings and explosions, of which completely go against everything the Tenzin Delek Rinpoche commitment to Tibetan Buddhism, including advocating and promoting compassion and peace. The human rights violations committed against Tenzin Delek Rinpoche include: Article 35, 36, 37, 38 and 47 of Chapter II: The Fundamental Rights and Duties of Citizens from The Constitution of The People’s Republic of China ⁶, Article 2, 14 of Chapter I: Objectives and Basic Principles of The Criminal Procedure Law of the People’s Republic of China ¹⁰, Article 32 of Chapter IV: Defense and Representation of The Criminal Procedure Law of the People’s Republic of China ¹⁰, Article 27 of the International Covenant on Civil and Political Rights ⁵, and Article 2, 5, and 6 of the Universal Declaration of Human Rights of the United Nations ⁹. Tenzin Delek Rinpoche’s life-long dedication to Tibetan Buddhism and the significant leadership role that he assumed in the preservation of Tibetan Culture and Religion are what led the false charges of “causing explosions [and] inciting the separation of the state” ⁴  and his imprisonment in 2002, which subsequently led to the maltreatment and abuse that caused his death in 2015. According to Human Rights Watch, Tenzin Delek Rinpoche’s case;

“was the culmination of a decade-long effort by Chinese authorities to curb his efforts to foster Tibetan Buddhism, his support for the Dalai Lama as a religious leader, and his work to develop Tibetan social and cultural institutions. His efforts had become a focal point for Tibetans struggling to retain their cultural identity in the face of China’s restrictive policies and its continuing persecution of individuals attempting to push the accepted boundaries of cultural and social expression.”⁵

The allegations brought against Tenzin Delek Rinpoche violate Article 38 of the Constitution of The People’s Republic of China (See note (9) nine under Part IV of Articles of Human Rights Protections) absolutely. First, his right to “engage in cultural pursuits” under Article 47 of Chapter II: The Fundamental Rights and Duties of Citizens from The Constitution of The People’s Republic of China was entirely disregarded.⁶ It states that a citizen of the People’s Republic of China harbors the right to “enjoy freedom of the speech, of the press, of the assembly, of association, of procession, and of demonstration.” The subsequent persecution experienced by Tenzin Delek Rinpoche suggests itself as an illegal, oppressive responsive to the monk’s participation in protests and rallies against the demolition of Tibetan Buddhists Temples was violated. The People’s Republic of China legally condones practicing any aspect of Tibetan Buddhism, along with any other religion, and, therefore, wrongfully convicted Tenzin Delek Rinpoche. Furthermore, Tenzin Delek Rinpoche’s lawyer, witnesses, and family members for his case were not permitted to be present at the trial. After Rinpoche’s death, his autopsy report, body and records were never given to his family members, in spite of this being a legally requirement of such cases. Therefore, he was not given fair and equal representation in accordance with his rights. On February 8, 2004, The Human Rights Watch released a list of recommendations addressed to the Chinese Government concerning the case of Tenzin Delek Rinpoche. One of these ‘recommendations’ was to “ensure” the protection rights provided in Article 27 of the International Covenant on Civil and Political Rights (ICCPR). The Chinese Government completely disregarded the advice of the Human Rights Watch and continued to perpetuate its inhumane treatment and violate Tenzin Delek Rinpoche and many other people who simply were exercising their human rights. Furthermore, the Human Rights Watch urged the International Community to raise awareness of these horrendous crimes being committed.⁵

Following the violation of Article 35 of Chapter II of The Constitution of The People’s Republic of China, the violation of Article 36 is fairly similar.⁶ The charges against Tenzin Delek Rinpoche were received as false merely as a result of his religious beliefs, cultural commitment, and leadership of Tibetans. Therefore, the gross negligence exercised in regards to his right to “enjoy freedom of religious belief” is inhumane and solidifies the arguments that the Chinese government has committed cultural genocide against the people of Tibet.

In the case of Tenzin Delek Rinpoche, the court of law did not uphold his right to fair and just treatment throughout his trial as his lawyer and witnesses were not permitted to attend the hearing. In addition the Chinese government denied the release of any public records of throughout the trial. Because Tenzin Delek Rinpoche was not given adequate representation, his right against “Unlawful deprivation or restriction of citizens’ freedom of person by detention”¹⁰ was not upheld. The Chinese Government’s utter neglect of the legal provisions in this section in The Criminal Procedure Law of the People’s Republic of China, deeply impacted the result of the case itself, bringing its legal legitimacy into question.

Article 2 of the Universal Declaration of Human Rights protects any and all act of discrimination against peoples based on their demographics. The Chinese Government has purposefully worked to ensure the extinction of Tibetan identity (religion, culture and language). Furthermore, Tenzin Delek Rinpoche’s human rights to practice his religion, speak his language, openly say his political stance, and freely express his identity as a Tibetan have been completely disregarded and therefore the Chinese Government has committed multiple crimes due to human rights violations.

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Tibet Under China; Friends of Tibet http://www.friendsoftibet.org/databank/tibethistory/tibeth2.html The Case Concerning Tibet; Tibet Justice 2013 http://www.tibetjustice.org/reports/sovereignty/the_case_concerning_tibet-updated2013.pdf Tibet A History Sam Van Schaik; Yale University Press New Haven and London 2011, pg. 210-215 Tibet and China in the Twenty-first Century Nonviolence Versus State Power; John Heath SAQI 2005, The Invasion of Tibet and its Aftermath – pg. 91-11 Human Rights Watch; Report on China and Tibet (2015) https://www.hrw.org/world-report/2016/country-chapters/china-and-tibet The Constitution of the People’s Republic of China (adopted on December 4th, 1982) https://www.purdue.edu/crcs/wp-content/uploads/2014/04/Constitution.pdf Human Rights Watch; Report on Tenzin Delek Rinpoche (February 8, 2004) https://www.hrw.org/report/2004/02/08/trials-tibetan-monk/case-tenzin-delek Human Rights Watch; Report on the Release of Tenzin Delek Rinpoche (2015) https://www.hrw.org/news/2015/07/15/china-release-tibetan-monks-body The Universal Declaration of Human Rights (1948) http://www.humanrights.com/what-are-human-rights/universal-declaration-of-human-rights/articles-01-10.html The Criminal Procedure Law of the People’s Republic of China (1996) https://www.oecd.org/site/adboecdanti-corruptioninitiative/46814279.pdf

Part III – Human Rights Violations

The blatant violations of article of the Constitution of The People’s Republic of China, in the case against Tenzin Delek Rinpoche are as follows:

 

1. Article 35 of Chapter II: The Fundamental Rights and Duties of Citizens.

35. Article 35. Citizens of the People’s Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration.⁶

 

2. Article 36 of Chapter II: The Fundamental Rights and Duties of Citizens.
   36. Article 36. Citizens of the People’s Republic of China enjoy freedom of religious belief.
       1. “No state organ, public organization or individual may compel citizens to believe in, or not to believe in, any religion; nor may they discriminate against citizens who believe in, or do not believe in, any religion. The state protects normal religious activities. No one may make use of religion to engage in activities that disrupt public order, impair the health of citizens or interfere with the educational system of the state. Religious bodies and religious affairs are not subject to any foreign domination.” ⁶

 

3. Article 37 of Chapter II: The Fundamental Rights and Duties of Citizens.
   37. Article 37. The freedom of person of citizens of the People’s Republic of China is inviolable.
       1. No citizen may be arrested except with the approval or by decision of a people’s procuratorate or by decision of a people’s court, and arrests must be made by a public security organ. Unlawful deprivation or restriction of citizens’ freedom of person by detention or other means is prohibited; and unlawful search of the person of citizens is prohibited.” ⁶

 

4. Article 38 of Chapter II: The Fundamental Rights and Duties of Citizens.
   38. Article 38. The personal dignity of citizens of the People’s Republic of China is inviolable.
       1. Insult, libel, false charge or frame-up directed against citizens by any means is prohibited.” ⁶

 

5. Article 47 of Chapter II: The Fundamental Rights and Duties of Citizens from The Constitution of The People’s Republic of China states the following:
   47. “Article 47. Citizens of the People’s Republic of China have the freedom to engage in scientific research, literary and artistic creation and other cultural pursuits.
       1. The state encourages and assists creative endeavours conducive to the interests of the people made by citizens engaged in education, science, technology, literature, art and other cultural work.” ⁶

 

Following the Constitution of the People’s Republic of China, the Chinese government violated laws outlined in The Criminal Procedure Law of the People’s Republic of China, which was “adopted by the Second Session of the Fifth National People’s Congress on July 1, 1979, and amended pursuant to the Decision on Amending the Criminal Procedure Law of the People’s Republic of China adopted by the Fourth Session of the Eighth National People’s Congress on March 17, 1996”, eight years prior to the false accusations and imprisonment of Tenzin Delek Rinpoche.

 

6. Article 2 of Chapter I: Objectives and Basic Principles of The Criminal Procedure Law of the People’s Republic of China states the following:
   1. “Article 2: The mission of the PRC Criminal Procedure Law is to ensure the timely and accurate clarification of facts in criminal cases, correctly apply the law, punish criminals, guarantee that innocent people are not criminally prosecuted, teach the people to consciously obey the law, actively fight criminal offenses, maintain the socialist legal system, respect and guarantee human rights, protect citizens’ rights in their person, their property and their democratic rights, guarantee the smooth establishment of socialist works.” ¹⁰

 

7. Article 14 of Chapter I: Objectives and Basic Principles of The Criminal Procedure Law of the People’s Republic of China states the following:
   1. “Article 14: The people’s courts, people’s procuratorates and public security organs shall guarantee criminal suspects’, defendants’ and other participants in the proceedings’ right to a defense, and other procedural rights.
      1. Litigation participants have the right to submit an accusation against adjudicators, procurators and investigators who infringe on citizen’s procedural rights and cause personal insult.” ¹⁰

 

8. Article 32 of Chapter IV: Defense and Representation of The Criminal Procedure Law of the People’s Republic of China states the following:
   1. “Article 32: In addition to carrying out their own defense, criminal suspects and defendants may retain 1 or 2 persons as their defender. The people below may retained as defenders:
      1. lawyers；
      2. persons recommended by people’s organizations or the suspect or defendant’s workplace ；

• friends and family of the suspect or defendant.

1. Persons who are currently serving a criminal sentence of have had their physical liberty limited or denied, may not serve as defenders.” ¹⁰

 

While the Chinese Government violated Article 35, 36, 37, 38 and 47 of Chapter II: The Fundamental Rights and Duties of Citizens from The Constitution of The People’s Republic of China, Article 2, 14 of Chapter I: Objectives and Basic Principles of The Criminal Procedure Law of the People’s Republic of China, Article 32 of Chapter IV: Defense and Representation of The Criminal Procedure Law of the People’s Republic of China, the Chinese Government infringed on International Human Rights Laws designed and created by the United Nations.

 

The United Nations has served as an agent designed to promote and maintain international peace and security. Since the creation of this international body in 1945, many treaties amongst the countries have been made in regards to human rights, environmental protection, aid relief, etc. Some of the pertinent treaties and legal documents include the Universal Declaration of Human Rights, UN SubCommission on the Prevention of Discrimination and Protection of Minorities and the International Covenant on Civil and Political Rights.

 

9. Article 27 of the International Covenant on Civil and Political Rights (ICCPR) states the following:
   1. “Article 27: ethnic…minorities…shall not be denied the right, in community withother members of their group, to enjoy their own culture [and] to profess and practice their own religion,” ⁷

 

10. Article 2 of the Universal Declaration of Human Rights of the United Nations states the following:
    2. Article Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.” ⁹

 

11. Article 5 of the Universal Declaration of Human Rights of the United Nations states the following:
    5. “Article 5. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.^{” 9}

 

12. Article 6 of the Universal Declaration of Human Rights of the United Nations states the following:
    6. “Article 6. Everyone has the right to recognition everywhere as a person before the law.” ⁹

Part IV. Conclusion

The Tibetan Legal Association hopes that with this clear and precise evidence of human rights violations against the people of Tibet, the international community will work to hold the Chinese Communist Party accountable for their actions. The above noted atrocities regarding Tenzin Delek Rinpoche comprise just a small segment of the complexity of the Tibetan genocide. Violations of human rights continue to occur in the most despicably inhumane ways to the point where it has caused many devoted Tibetan citizens to commit self-immolation. Collaboration and effective communication is necessary amongst all parties involved (including all leading nations and non-leading nations) to uphold rights and freedoms protected under national and international documents. The Tibetan Legal Association is urging the United Nations to enforce The Universal Declaration of Human Rights, UN SubCommission on the Prevention of Discrimination and Protection of Minorities and the International Covenant on Civil and Political Rights, all of which have been signed and agreed upon by China and other internationally significant and powerful nations including but not limited to the United States of America, Russia, Germany, Saudi Arabia, and France.