By Ngawang C. Drakmargyapon
Phayul Special Correspondent
United Nations, Geneva, 28 March: Mr. Philip Alston, the Special Rapporteur on extrajudicial summary or arbitrary Executions, of the UN Human Rights Council, has asked China to make public the results of its investigation on the Nangpa Pass killings of Tibetans. This appeal was contained in a letter Mr. Alston wrote on 18 October 2006 asking the Chinese authorities “to make sure that there is full public accountability for the actions of the State and of its border military patrols by ensuring that the result of your official investigation be made public.”
Mr. Alston’s letter stated: “…without pre-judging the accuracy of the information received, I would note the relevance in such situations of the United Nations Basic principles on the Use of Force and Firearms by Law Enforcement Officials. These Principles note, inter alia, that law enforcement officials should “as far as possible apply non-violent means before resorting to the use of force and firearms” and that “in any event, intentional lethal use of firearms may only be made when strictly unavoidable in order to protect life”. I would also like to draw your Excellency’s attention to the Code of Conduct for Law Enforcement Officials, adopted by the General Assembly resolution 34/169 (1979) which more succinctly stresses the limited role for lethal force in all enforcement operations.”
The letter alleging deaths due to excessive use of force by law enforcement officials when the Tibetans were exercising their freedom of movement described the killing of the Tibetan nun. “She called out to the others, who attempted to drag her towards the pass. However, as the gunshots continued, the woman’s friends were forced to abandon her unconscious body. Her body was left approximately five minutes’ or so walk below the pass (which represents the border between PRC and Nepal). The body remained visible on the Nangpa Pass during the day of 30 September, though it was apparently removed by the following day. A young man, of unknown age, was also hit in the leg; the extent of his injuries is unknown, as is his location.”
Mr. Alston also asked the Chinese authorities “whether compensation has been provided to the families of victims” and what legal steps have been taken against those responsible for the Nangpa Pass killings. “Please provide the details, and where available the results, of any investigation, medical examinations, and judicial or other inquiries carried out in relation to the above mention killing.”
While taking note 6 October the Chinese Foreign Ministry spokesman remarks that the authorities will investigate claims that the military shot Tibetans attempting to flee the country, the UN human rights expert called upon China to ensure that Nangpa Pass killings are “promptly, independently and thoroughly investigated in accordance with the United Nations Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions.”
The content of Mr. Alston’s letter was made available to the current session of the Human Rights Council in his report’s annex, “summary of cases transmitted to Government and replies received”. The document stated that official UN translated was “awaited for response of the Government of China dated 20 December 2006” to Mr. Alston letter of allegation.
Earlier this month, 12 NGOs through a written statement to the UN Human Rights Council brought the body’s attention on the Nangpa Pass killings. This NGO initiative reminded the Council that at the Third Session of the Council, 16 NGOs asked: “In view of the many appeals to the High Commissioner for Human Rights to intervene publicly in the case of the 30 September killings of Tibetans in the Himalayas, we wish to know of the steps taken by the High Commissioner, including her Office in Kathmandu, regarding this grave matter.” The statement further expressed concern on the fact that there was “not a single confirmation of any steps taken either by the High Commissioner for Human Rights or mandate holders of the Special Procedures on the inhuman killings on the Nangpa Pass.”
