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Tibetans Are Denied Rights to Fair Trial Under Chinese Rule: Report

The Tibetan Centre for Human Rights and Democracy releases its July 2020 report on violations of the right to fair trials in Tibet– Courtesy: TCHRD via RFA

Tibetans living under China’s rule are routinely denied the right to a fair trial, with judicial proceedings against them often held in secret and confessions obtained under torture used against them in court, a Tibetan rights group says in a new report.

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

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

Judicial independence doesn’t exist

“In China, independent judicial practice doesn’t exist,” Gyal said, “as the Chinese Communist Party appoints judges who don’t favor 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.”

RFA has previously reported numerous examples of secret trials, with defendants held incommunicado with little or no access to lawyers before a sentence is passed but not made public.

Last year, when a Tibetan monk who was jailed for three years after being held incommunicado for 14 months and shuffled among several different places and various detention centers in Sichuan province, Chinese human rights lawyers told RFA that few attorneys in China are willing or able to represent Tibetans and other ethnic minorities in political cases.

“China has confiscated the licenses of human rights lawyers,” New York-based Chinese attorney and rights advocate Teng Biao said, referring to a sweeping crackdown on rights lawyers launched on July 9, 2015 that decimated the profession and is still claiming victims.

“Even if a Tibetan family tries to hire a lawyer for the defense, they fear further retaliation from the Chinese government,” he told RFA in September 2019.

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.

Reported and translated by Tashi Wangchuk for RFA’s Tibetan Service. Written in English by Richard Finney.

Copyright © 1998-2020, RFA. Used with the permission of Radio Free Asia, 2025 M St. NW, Suite 300, Washington DC 20036. https://www.rfa.org

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India News Brief

15 August 2020

COVID-19 Cases: 2,461,190 Death Toll: 48,040

COVID-19 At a Glance 

The new guidelines issued by the Indian Ministry of Home Affairs (MHA) on 30 June: Schools, colleges, educational institutions, cinema halls, gymnasiums, swimming pools, entertainment parks, theatres, bars, auditoriums, assembly halls and similar places, and even metro services will continue to remain shut until further notice.

COVID-19: Highlights 

Religious Places Visit: No Touching of Deity, No no Sparkling of Holy Water No Prasada in Temples Wearing Mask Thermal Screening is a must 

Shopping Malls Visit: Elderly People With 65 Years of Age and Children Below 10 Years Are Advised to Stay at Home.

Restaurant and food courts in malls to operate at 50 per cent seating capacity with a mandatory distance of six feet between tables. No common prayer mats, physical offerings like prasad, or sprinkling of holy water, in places of worship. Age and health-based restrictions on stepping out of home. Masks to be mandatory, and the Aarogya Setu app 'recommended' for all.

Use of masks, thermal screening, social distancing and sanitisation, the guidelines  require people above 65 years of age, specially  people with comorbidities, pregnant woman, and children below the age of 10 years, to stay at home. Masks are mandatory at all times, including inside restaurants

Standard Operating Procedures issued by the Indian Health Ministry 

  • International air travel, Metro rail services not allowed 

Cinema halls, gymnasiums, swimming pools, entertainment parks, theatres, bars and auditoriums, assembly halls and similar places; and, social/ political/ sports/ entertainment/ academic/ cultural/ religious functions/ and other large congregations will not allowed..

According to MHA guidelines, in Phase II, schools, colleges, educational/ training/ coaching institutions etc., will be opened after consultations with States and Union Territories.

There shall be no restriction on inter-State and intra-State movement of persons and goods. No separate permission or approval or e-permit will be required for such movement

But  states have the freedom to decide on public movement.

How to identify Fake News or Messeges on Social Media 

Beware of Fake News and Fake Messages on Social Media

Always follow websites or social media platforms of traditional media outlets whether newspapers, magazines,Television News Channels or Radio Stations and authentic online only media outlets.They still maintain journalism excellence and stress on reportorial talent.On the other hand, fake news websites run by people with non journalism background and promote their own ideology with fake news and disinformations and obviously conspiracy theories.

But unfortunately mainstream media also manipulates news to establish their story angle.There were various instances when News papers and TV Channels promoted fake news/conspiracy theories in the form of out of context or manipulated pictures/videos and distorted informations.

Always check the URL of any website.Some fake news websites look like the orginal and popular one the same layout,Logo but if you check the URL you may find extra words like if the orginal website's URL is www.xxx.com the duplicate one might be www.xxx.com.co or something like that so first check the URL for authentic informations.

Check whether photos are original or photoshopped.Check Google images for authenticity.You can find help from Google Reverse Images search.

Check the news sources from other websites whether they picked up the story or not.

Whether the website layout is little bit clumsy and obviously grammatical mistakes and spelling mistakes and excessive use of Sex related and sensational and hate stories.Because sex and hate sells.

Follow official websites relating to COVID-19

WHO Clarifies the disinformation about the virus:
COVID-19 virus can be transmitted in areas with hot and humid climates
Cold Weather and Snow can not kill the new coronavirus
Taking a Hot Bath Does Not Prevent COVID-19
COVID-19 Can not be transmitted through mosquito bites

Spraying alcohol or chlorine all over your body will not kill viruses that have already entered your body. Spraying such substances can be harmful to clothes or mucous membranes (i.e. eyes, mouth)

According to World Health Organization (WHO): Regularly and thoroughly clean your hands with an alcohol-based hand rub or wash them with soap and water

Maintain at least 1 metre (3 feet) distance between yourself and anyone who is coughing or sneezing.

Avoid touching eyes, nose and mouth . If you have fever, cough and difficulty breathing, seek medical care early

Stay at home if you begin to feel unwell, even with mild symptoms such as headache and slight runny nose, until you recover.

If you develop fever, cough and difficulty breathing, seek medical advice promptly as this may be due to a respiratory infection or other serious condition

Follow WHO guidelines

www.who.int

When you follow COVID-19 related news and messages from social media then check and recheck it before consuming it.Follow journalism mantra: if your mother says she loves you, check it out.

Most of the messages or informations quote different organizations like WHO, UNICEF, UNDP,Cambridge University  or other well known institutes,organizations or individual to authenticate the messeges.Check official websites of these organizations  if stories are repeated there

Forwarding messages from unknown sources or little known sources, it would be better to ignore it.

Check whether any logo like UNICEF or WHO or other organizations used in the messages which look similar to original logo.

These type of messages are full of Grammatical mistakes and spelling mistakes which are quite uncommon in original messages.

Don't rely on viral social media messages such as Coronavirus Infected Indian Currencies of Rs.500 and Rs.2,000 Notes Found, Muslim Man Spit in Food At Indian Restaurant.....Always Check Authentic Sources.

Some fake messages pretend to be real one like unofficial Twitter handle of international media organizations like BBC,CNN,Washinton Post, New York Times-check the official Twitter handles of media outlets.

You can identify fake messages if the message requests you to share it.

Beware of Fake News or Fake Photos/Videos Relating to Communal Hatred

Always check the fact checking sites if you have some doubts about the authenticity of any information or picture.

www.boomlive.in

www.altnews.in

https://check4spam.com

https://smhoaxslayer.com

www.factchecker.in

www.allsides.com

www.factcheck.org

www.newsbusters.org

www.politifact.com

www.snopes.com

www.propublica.org

The Same Method Applies to You Tube Videos Check the Source the credibility of the Source.To Check Fake You Tube Videos Check and Recheck the sources. Does the person have the legal right to the video posted? Did that person capture the video? Whether it has been altered?

But due to advancement of technology we can not really wipe out fake news.According to experts advent of  Artificial Intelligence(AI) some companies small or big one developing  technologies that can  lay digitally created script to anybody's voice  even words,sentences never said by the person.Even they are developing a technology which can create fake video footage,images,audios like originals.So be cautious! Rumour-mongers are active everywhere whether in physical world or cyber world.

For any further information relating to fake news and how-to search authentic informations from the internet write to us info@crimeandmoreworld.com or Whats App:+919073399779

COVID-19 Related Conspiracy Theories:
https://fsi.stanford.edu/news/china-covid19

 

 

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