From Times Online
May 6, 2009
Lawyers secure release of Tibetan monk after six months without charge
Jane Macartney in Beijing
2009年5月6日《泰晤士报》
一位被关六个月没有起诉的西藏僧人，在两位律师介入下获得保释
（珍•麦卡尼在北京报道，台湾悬钩子翻译）
http://www.timesonline.co.uk/tol/news/world/asia/article6231430.ece
中国关押一名西藏僧人六个月没有予以起诉，目前在两位中国著名维权律师的压力下，已经释放了他。
喇嘛久美，是一位42岁的僧人，已于5月2日获释，并且于隔天返回他的寺院，这是警察一年里第二次来到这里抄家、将他带走，而他离别已经六个月的家。
上个月接受委托此案的律师之一李方平，告诉《泰晤士报》：“他得到释放，一部份是因为证据不足。即使他谈起他在3•14事件后如何遭受警方酷刑，还是不足以构成犯罪案件。现在他以取保候审的方式获释。”
自去年3•14拉萨发生动荡，造成22人死亡，引起西藏高原各地的反中国统治示威以来，警察已经逮捕了好几百名藏人，许多人都只是僧人与平民。
李先生说，促成喇嘛久美获释的重要原因，乃是有律师出现，愿意替他辩护。
“警方告诉他，有律师要帮他的忙，他回答说他愿意得到辩护律师。然而我们还没见到他，他已经获得释放。”
喇嘛久美告诉李方平与江天勇律师，警方警告他不可以接受采访，也要尽量少跟别人见面。李律师说喇嘛久美告诉他，他的身体还好。
喇嘛久美，是拉卜楞寺闻思学院的僧人，因为在Youtube上（唯色更正：是在美国之音藏语电视节目播出录影带）张贴视频，坦言他在去年三月被关押后所受的磨难，因此令当局震怒。
他诉说他是在3月22日被关押，并且被盘问了两天，然后被带到附近县城的监狱里。
他说，那里的情况非常糟糕。“他们把我的手用绳子绑起来，吊在天花板上好几个小时，脚不着地。然后他们用拳头全力痛打我的脸、胸膛与背部。”
讯问他的官员想知道，他是不是3月15日拉卜楞寺外的抗议活动的发起人，还有他与藏区的流亡精神领袖达赖喇嘛是否有联系。
“最后，我终于失去知觉，被带到医院。当我在医院苏醒过来，他们就把我又带回监狱继续吊我、打我。”
喇嘛久美被送到医院急救第二次，几乎因为内伤而濒临死亡时，警方把他交给他的家人，家人把他送到另外一家医院，而他在二十天后终于被抢救回来。
而在视频公布之后，他好几个礼拜都躲起来，藏在山区，直到天气太冷，他返回寺院为止。就在他回去没几天后，警方就再度逮捕了他。
李律师与江律师近来已经是第二度挺身而出，帮助被关押的藏人。
康定的甘孜州法院在最后一分钟决定，暂缓对一位西藏仁波切的判刑，后者面临非法持有枪支弹药与侵占公有土地的指控，如果被定罪，可能会面临十五年的徒刑。
法学专家说，这样的动作对中国法院来说相当不寻常，可能代表法庭里辩护律师提出了非常有活力的辩词，还有此案所吸引的国际媒体报道，可能促成了法庭官员之间对于刑期的辩论。
Lawyers secure release of Tibetan monk after six months without charge
Jigme, a Buddhist monk, was released after his case attracted international publicity
Jane Macartney in Beijing
China has released a Tibetan monk held for six months without charge after pressure from two of China’s most prominent human rights lawyers.
Jigme, a 42-year-old lama, was released on May 2 and returned a day later to his monastery, half a year after dozens of police raided his quarters and took him away for the second time in a year.
Li Fangping, one of two lawyers who took up the monk’s case last month, told The Times: “He was released partly because there was insufficient evidence. Even though he spoke about how he was tortured after the March 14 incident, this was insufficient to make a criminal case. He is now released on bail.”
Police have arrested hundreds of Tibetans, among them monks and civilians, since a riot in the capital Lhasa on March 14 last year left 22 people dead and led to anti-Chinese demonstrations across the Tibetan plateau. Many have yet to be charged.
Mr Li said that an important factor in the decision to free the monk was the appearance of lawyers to argue on his behalf.
“When the police told him that lawyers had come forward to help him, he said he wanted legal representation. Before we even had time to see him, he had been released.”
The monk told Mr Li and another lawyer, Jiang Tianyong, that he had received a warning from the police not to accept interviews and to see as few people as possible. Mr Li said that the monk told him that he was as well as could be expected.
Jigme, a member of the Gyuto Dratsang or Upper Tantric College, one of six institutes of learning at Labrang Monastery, incurred the wrath of the authorities when he posted a video account on YouTube of his ordeals after the March unrest.
He described how he was detained on March 12 and questioned for two days before being taken to a prison in a nearby town.
Conditions there were harsh, he said. "They would hang me up for several hours with my hands tied to a rope ... hanging from the ceiling and my feet above the ground. Then they would beat me on my face, chest and back, with the full force of their fists."
His interrogators wanted to know if he was a leader of protests outside Labrang on March 15 and what contact he had with the Dalai Lama, the region’s exiled spiritual leader.
“Finally, on one occasion, I lost consciousness and was taken to hospital. After I regained consciousness at the hospital, I was once again taken back to prison where they continued the practice of hanging me from the ceiling and beating me."
After Jigme was taken to hospital for a second time, apparently on the verge of death from internal injuries, he was handed over to his family who took him to another hospital where he recovered after 20 days.
After making the video, he spent several weeks on the run, hiding in the mountains until the weather turned too cold and he returned to his monastery. He was taken away within days of his return.
It is the second time in recent weeks that Mr Li and Mr Jiang have come forward to help a detained Tibetan.
A court decided at the last minute to postpone judgment last month on a Tibetan living Buddha who faces 15 years in jail on charges of possessing illegal weapons and illegally seizing government land.
Legal experts said that such a move was unusual for a Chinese court and could indicate that the unusually spirited defence mounted in court and the international publicity the case attracted could have prompted debate among judicial officials over the sentence.
不现代化，那就玩偶化或者被同化。这是这个世界的必然。藏族自己不能独立生活，也绝对不可能抗拒汉族的进入——或者说强奸，都一样——等待这个古老民族的命运是博物馆，像尼安德特人一样。因为她没有赶上20世纪那班民族自主的机会，也就永远没有这个机会了。诸位能做的不过是记录和控诉，仅此而已。
回复删除西藏需要更多久美这样的高僧，谢谢您！循序渐进。
回复删除Monk who criticized China on camera freed
回复删除Phayul[Wednesday, May 06, 2009 16:49]
By Kalsang Rinchen
May 6 – China has released a Tibetan monk who spoke on camera criticizing the Chinese government as the restive Himalayan region was still reeling under Chinese crackdown last year.
Welcoming the move, the Dharamsala based Tibetan Centre for Human Rights and Democracy said there are many Tibetans who are being held in custody on arbritary charges. “TCHRD calls upon the government of the People’s Republic of China (PRC) to immediately release all the prisoners of conscience arbitrarily detained over peaceful exercise of their fundamental human rights.”
Jigme, 42, was first arrested on 22 March 2008 and put under detention for two months for his alleged role in one of the biggest protests in Labrang on March 14, last year, according to the Dharamsala based Tibetan Centre for Human rights and Democracy. Jigme was released two months later on medical parole.
On September 3 last year, the Voice of America’s Tibetan News service aired the video that contained Jigme’s interview in which he spoke about ‘Tibetan people’s aspiration, hopes and torture of Labrang Monks who were detained during last year’s March Protest in Labrang County.’
Jigme then went into hiding for nearly two months before facing his second arrest on November 4 last year when scores of People’s Armed Police (PAP) and Public Security Bureau (PSB) officials nabbed him from a Tibetan home in Labrang. Sources say that he was kept since then in an undisclosed location for nearly six months during which his physical condition had become very weak.
Jigme was released on May 3, 2009, which was being observed worldwide as the World Press Freedom day. However, it is not known if the coincidence was intentional on the part of Chinese authorities.
以下是西班牙法官请求要调查张庆黎一类的八个中国领导人在西藏犯下的种族灭绝人道罪的新闻：
回复删除Spanish Judge requests to question Chinese leaders over Tibet:
Phayul[Wednesday, May 06, 2009 11:41]
Dharamsala, May 6 – A judge in Spain said he has requested to interrogate eight Chinese political and military leaders about possible crimes against humanity in Tibet, according to reports.
Zhang Qingli, Chinese Communist Party Secretary in Tibet (File photo)The suspects named by Spanish Judge Santiago Pedraz include Chinese Defence Minister Lian Guanglie, State Security Minister Geng Huichang and Public Security Minister Meng Jianzhm, a report by Deutsche Press Agentur said yesterday.
Other Chinese officials named for interrogation were Communist Party Secretary in Tibet Zhang Qingli, Politburo member Wang Lequan, Ethnic Affairs Commission head Li Dezhu, People's Liberation Army Commander in Lhasa General Tong Guishan and Zhang Guihua, political commissar in the Chengdu military command.
Wang Lequan, Politburo member and Communist Party Secretary in East Turkestan (Xinjiang) Of them, Zhang Qingli, Wang Lequan and Li Dezhu have been reportedly associated as principal architects of Chinese repression in Tibet and other restive ethnic minorities.
Spain's National Court, which handles crimes against humanity and genocide, accepted to hear a lawsuit filed by Tibet Support Groups on July 9 last year. It was admitted under the principle of "universal competence" adopted by the Spanish judiciary in 2005 and under which Spanish courts can hear cases of genocide and crimes against humanity wherever they occur and whatever the nationality of the defendant.
China, however, hit back at Spain which it accused of trying to interfere in its administration of the Himalayan region.
Li Dezhu, Chinese Communist Party’s racial theoreticianThe lawsuit claims that the repression last year in Tibet had resulted in the death of about 200 Tibetans and disappearance of nearly 6,000, while 1,000 people were seriously injured.
The Tibet population was persecuted for 'motives which have been universally recognized as unacceptable,' the judge said in a document after hearing witnesses.
Pedraz said he could interrogate the suspects at his National Court in Spain, or before a Chinese court.
Another National Court judge is currently investigating an alleged genocide in Tibet in the 1980s and 90s which was testified before it by three former Tibetan political prisoners, Palden Gyatso; Jampel Monlam and Bhagdro.
Spain's National Court has investigated a string of alleged human rights crimes in other countries, arguing that they fall under universal jurisdiction.
A Spanish lawyer Dr Jose Elias Esteve and Alan Cantos of Comité de Apoyo al Tibet (CAT)were in India in February last year to ask Tibetans to testify before the Spanish court after India refused to set up a Rogatory Commission that would allow the Tibetans to testify in India, according to a report by Asian Age dated Febraury 17, 2008.
India, which is home to over one lakh Tibetan refugees, is the only country with a sizeable Tibetan population not to cooperate with the Spanish investigation. The United Kingdom, Sweden, Canada, Belgium and the Netherlands have agreed to assist in the case. "The reply from the Indian government was devastating, as it concludes by saying that India does not recognise the principle of universal jurisdiction. It argued that the apparent crimes had not been committed on Spanish soil, so Spanish courts were not competent to try them," Asian Age quoted Jose as saying
无数的久美已经被打死,凶手认为打死前面的那些久美,以后就OK啦,却不知还有这么多久梅,其实,去年3月10日参加游行的十五个僧人中,有一个年仅15岁,也就是说,89年拉萨戒严的时候,他还没有出生.那些指挥戒严的人可能没有想到戒严不仅未起到恐吓的作用,以后还需要对没有出生的人进行更大规模的戒严和镇压>..............
回复删除请教唯色，我想继续我的藏人文化网博客，但是，我不容许评论和留言，怎么设置。我不想让中共特务，五毛等等破坏。我会在博客首页留我的信箱，读者留言评论可发给我。
回复删除有水平的评论我会登在我的博客里。谢谢！
桑杰嘉措
西班牙法院就西藏事件调查中国官员
回复删除(博讯北京时间2009年5月07日 转载)
西班牙法院就去年西藏事件遭镇压受理对中国国防部长、西藏官员等涉嫌犯有反人类罪的指控，并请求中国当局提供司法援助。《法兰克福评论报》报导四川甘孜县藏族僧尼抗议官方在寺院进行“爱国主义教育”运动之后，高僧普布泽仁被捕，李方平律师为他辩护一事。
《南德意志报》：西班牙司法调查西藏事件
"在对2008年西藏事件遭到镇压一事的调查过程中，西班牙司法部宣布，数名中国部长和将领负有罪责。马德里的国家法院调查法官佩德拉兹致函中国当局，请求提供司法援助，指称这些官员涉嫌犯有反人类罪。"《南德意志报》在报道了以上这段消息后接着写道：
"信中说，'在中国政界和军界对西藏平民发起的普遍和系统攻击过程中，至少有203人死亡，1000人受伤，还有5972人成了非法逮捕的受害者。'
“在西班牙法院函件中被指控的有中国国防部长梁光烈、国安部长耿惠昌和公安部长孟建柱。此外还有西藏党委书记张庆黎、政治局委员王乐泉、民委主任李德洙以及两名将领童贵山和詹贵华。由于中国与西班牙'关系密切'、两国签有法律援助协议，所以佩德拉兹希望中国当局按照他的请求，在中国讯问以上人员。此外，让涉案人在中国法庭做陈诉，也是可以想象的解决方法，他们还可以到马德里法庭表明立场。
“应西藏人权组织的控告，西班牙司法部门进行了调查。2008年8月，北京奥运开始前几天，法官佩德拉兹接受了控告状。他认为，有具体的证据表明，这是一些典型的罪行，根据法律裁决权的普遍原则，西班牙司法部门可以对此进行追诉，其中包括对酷刑、恐怖主义、战争罪和反人类罪的追诉。佩德拉兹在解释西班牙法庭接受控告状时说，这是因为'不可能'期望中国司法部门对这些涉嫌罪行进行刑事追诉。"
《法兰克福评论报》：为西藏高僧辩护的李方平律师
去年春季，四川甘孜县藏族僧尼抗议官方在寺院进行'爱国主义教育'运动。此后，高僧普布泽仁被捕。中国检察机关指控他拥有一把手枪和100发子弹，是甘孜藏区示威活动的幕后操纵者。尽管此案在政治上十分敏感，但北京34岁的李方平律师仍然站出来，担任普布泽仁的辩护律师。《法兰克福评论报》的文章介绍了李方平律师和这起案子：
"李律师曾为著名的异议人士胡佳辩护，去年秋季为毒奶粉丑闻的受害者奔走。他相信，法官们在第一次听证前就已认定当事人有罪。第一次开庭后他说：'政治上这个案子没有希望。尽管如此，为争取诉讼尽可能公正进行，仍然值得斗争。'950多名被捕的藏人中，已有数十人被判处长期监禁，普布泽仁是第一个获得独立律师帮助的高级别喇嘛。从而提供了一次把中国司法体系与法律做对比的机会。
“如果当局想维持法制的外观，就不能取消这位律师的授权，但在背后，李方平已受到警告。他说：'有人对我说，不要与被告的亲戚建立太多的关系。此外，我应该始终注意维护国家形象。'李律师说，他将照这些话办，但以他自己的方式。" _(网文转载) (博讯 boxun.com)