URGENT ACTION APPEAL UPDATE
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Note: Please write on behalf of these people even though
you may not have received the original UA when issued on
July 7, 2004. Thanks!
19 October 2004
Further Information on UA 216/04 issued 7 July 2004 -
Imminent execution / Unfair trial
PEOPLE'S REPUBLIC OF CHINA
Ishwori Kumar Shrestha (m), aged 27
Rabi Dahal (m), aged 38
-Nepalese citizens
The two Nepalese men named above received a retrial on 13
October. Although in itself a retrial is highly unusual in the
Chinese justice system, and is almost certainly a reflection of the
international pressure surrounding this case, it resulted in Rabi
Dahal's death sentence being confirmed. His appeal hearing may
take place in the next few weeks; if it fails, he is likely to be
executed shortly afterwards.
However, Ishwori Kumar Shrestha's death sentence was
suspended for two years, meaning that if he does not re-offend
during this time, his sentence will most likely be commuted to
life in prison.
Ishwori Kumar Shrestha and Rabi Dahal were originally
sentenced to death on charges of drug-smuggling by a court in
the Tibet Autonomous Region (TAR) in May 2004.
No further information has been made public about the
circumstances of the retrial, including whether the two men had
full access to legal representation or interpreters. In a report on
the case by the state-owned media in Nepal, the Chinese
authorities are quoted as stating they had rejected a campaign by
human rights activists to spare the lives of two Nepalese.
BACKGROUND INFORMATION
Rabi Dahal and Ishwori Kumar Shrestha, who regularly traveled
to China on business, were detained on 30 May 2003 in Khasa,
TAR, after Chinese police found two sacks containing 29.85kg
of heroin in their possession. The quantity of drugs involved led
China's official media to describe the case as the "largest drugs
case" in the history of the TAR.
Both men were reportedly tried and sentenced in May 2004. The
men's families had not heard from them for over four months,
and only learned of the sentences through the Nepalese media.
A host of failings in the Chinese criminal justice system
jeopardize the lives of people suspected of capital crimes. There
is no presumption of innocence; political pressure to pass heavy
sentences intrudes into the judicial process; "confessions"
extracted under torture can be used as evidence in court; and
lawyers need not be present at the initial police interrogation.
This creates a high potential for miscarriages of justice.
Amnesty International believes that there should be an
immediate moratorium on the use of the death penalty in China.
The organization is opposed to the death penalty in all
circumstances, as the ultimate cruel and inhuman punishment.
RECOMMENDED ACTION: Please send appeals to arrive
as quickly as possible:
- welcoming the decision by the Chinese authorities to authorise
a retrial of Rabi Dahal and Ishwori Kumar Shrestha, but
expressing concern that it still resulted in both men being
sentenced to death;
- calling on the authorities to stay the execution of Rabi Dahal
immediately, and to commute the death sentences of both men;
- urging the authorities to publicly clarify whether the men had
full access to lawyers, interpreters and other facilities necessary
to guarantee their right to a fair trial;
- insisting that the men are permitted to communicate with their
families;
- calling for an immediate moratorium on the death penalty in
China.
APPEALS TO:
Chairman of the Tibet Autonomous Regional People's
Government:
Jampa Phuntsog Zhuren
Xizang Zizhiqu Renmin Zhengfu
1 Kang'angdonglu
Lasashi, Xizang Zizhiqu
850000
People's Republic of China
Email: [email protected] (Subject: "Please forward to
Chairman Jampa Phuntsog")
Salutation: Dear Chairman
Premier of the People's Republic of China:
Premier Wen Jiabao
Guowuyuan, 9 Xihuangchenggenbeijie
Beijingshi
100032
People's Republic of China
Fax: 011 86 10 6596 3374
Salutation: Your Excellency
President of the Tibet Autonomous Regional High People's
Court:
Nyima Zhamdui Yuanzhang
Xizang Zizhiqu Gaoji Renmin Fayuan
42 Beijing Zhonglu
Lasashi, Xizang Zizhiqu
850001
People's Republic of China
Salutation: Dear President
Fax: 011 86 891 683 4542
COPIES TO:
Xinhua News Agency, Lhasa, Tibet
Fax: 011 86 891 634 1788
Email: [email protected]
Ambassador Jiechi Yang
Embassy of the People's Republic of China
2300 Connecticut Ave. NW
Washington DC 20008
Fax: 1 202 328 2582
Please send appeals immediately. Check with the Colorado
office between 9:00 am and 6:00 pm, Mountain Time,
weekdays only, if sending appeals after November 30, 2004.
Amnesty International is a worldwide grassroots
movement that promotes and defends human
rights.
This Urgent Action may be reposted if kept
intact, including contact information and stop
action date (if applicable). Thank you for your
help with this appeal.
Urgent Action Network
Amnesty International USA
PO Box 1270
Nederland CO 80466-1270
Email: [email protected]
http://www.amnestyusa.org/urgent/
Phone: 303 258 1170
Fax: 303 258 7881
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END OF URGENT ACTION APPEAL UPDATE
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