|A Special Report by the International Campaign for Tibet|
– The mother of Tendar, a Tibetan man in his late twenties, who died as a result of torture after being detained trying to help an elderly monk.
– The brother of a torture victim cites witnesses of his brother’s ordeal.
– A Tibetan blogger writing in Chinese about twenty-eight year old Tibetan Tendar who died following severe torture.
 The UN Convention Against Torture is an international human rights treaty under the review of the United Nations, that aims to prevent torture and cruel, inhuman degrading treatment or punishment around the world. The Convention against Torture defines torture as “any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession.” (Art. 1). It may be “inflicted by or at the instigation of or acquiescence of a public official or other person acting in an official capacity.” International law also prohibits mistreatment that does not meet the definition of torture, either because less severe physical or mental pain is inflicted, or because the necessary purpose of the ill-treatment is not present. It affirms the right of every person not to be subjected to cruel, inhuman or degrading treatment. The Convention requires states to take effective measures to prevent torture within their borders, and forbids states to transport people to any country where there is reason to believe they will be tortured. The text of the Convention was adopted by the United Nations General Assembly on December 10, 1984, and, following ratification by the 20th state party, it came into force on June 26, 1987;
 Amendments to the Criminal Procedure Law, which took effect from January 1, 2013. incorporated into Chinese national law the requirement to exclude confessions obtained through torture. Association for the Prevention of Torture, January 13, 2013, http://www.apt.ch/en/news_on_prevention/china-banning-confessions-obtained-through-torture/#.VDVO_yldXvM;
 The prohibition against torture in international law as well as cruel, inhuman or degrading treatment is not limited to acts causing physical pain or injury. It includes acts that cause mental suffering, for instance through threats against family or loved ones.
 Numerous international agreements address a prisoner’s right to health, including the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (http://www.un.org/documents/ga/res/43/a43r173.htm), which stipulates that state authorities shall provide medical care and treatment to detainees “whenever necessary.” According to the Standard Minimum Rules for the Treatment of Prisoners, “sick prisoners who require specialist treatment shall be transferred to specialized institutions or to civil hospitals.” (http://www.unodc.org/pdf/criminal_justice/UN_Standard_Minimum_Rules_for_the_Treatment_of_Prisoners.pdf). According to analysis by the Congressional-Executive Commission on China, Chinese laws and rules provide for, but only give vague guidance regarding, releasing detainees to receive medical care. A CECC report states: “Article 65(3) of the PRC Criminal Procedure Law (Chinese, http://www.cecc.gov/resources/legal-provisions/criminal-procedure-law-of-the-peoples-republic-of-china) and Article 77(3) of the Security Agency Rules for Handling Criminal Cases provide for bail ‘guarantee pending further investigation’ for ‘those who have a serious illness and cannot care for themselves” if it does not “endanger society.’ (CECC report, April 2, 2014, http://www.cecc.gov/publications/commission-analysis/inadequate-medical-care-for-cao-shunli-before-her-death-contradicts);
 The Committee of the UN Convention against Torture recognized that China has yet to establish effective mechanisms to receive torture complaints, investigate them and prosecute and punish perpetrators. It has expressed concern about the absence of a uniform and effective investigation mechanism to examine allegations of torture. The Committee recommended that China ensure the prompt, thorough, effective and impartial investigation of all allegations of torture. Report by Human Rights in China, July 19, 2000, http://www.hrichina.org/en/content/4799;
 In some cases, compensation is given. In an example of the culture of impunity, a Tibetan man in his twenties was beaten to death by police in December, 2011, after he was stopped for driving a motorbike in the town of Labrang (Chinese: Xiahe) in Gansu, eastern Tibet. The family was compensated with a large fee from the local authorities after strong representations were made by senior monks from Labrang Tashikyil monastery and people from the Tibetan’s village who traveled to Labrang following news of his death on the night of December 9. International Campaign for Tibet, December 15, 2011: “Tibetan beaten to death by police in Labrang”;
 China Internet Information Center, March 2001: “Law Assures Fight Against Torture in China”, http://www.china.org.cn/english/2001/Mar/8387.htm;
 Section 7, Article 54 of the Criminal Law of the People’s Republic of China: http://www.china.org.cn/english/government/207319.htm;
 If so, this would contravene a resolution passed by the UN General Assembly in 1974 on Principles of Medical Ethics. While not legally binding on its own, the resolution recognized and emphasized a pre-existing rule of international law—that nobody is allowed to participate in torture. The resolution emphasized that medical professionals should not use their unique knowledge or position to facilitate torture. The full document is at: http://www.un.org/documents/ga/res/37/a37r194.htm;
 Radio Free Asia report in Tibetan, http://www.rfa.org/tibetan/otherprograms/newsanalysis/former-political-prisoner-norlha-died-in-lhasa-01092012110750.html;
 Radio Free Asia report in Tibetan, http://www.rfa.org/tibetan/otherprograms/newsanalysis/tibetan-political-prisoner-died-in-lhasa-hospital-03252011105923.html;
 The death was reported on Radio Free Asia in Tibetan: http://www.rfa.org/tibetan/sargyur/a-drepung-monastery-monk-dies-in-prison-09032009224931.html;
 The Tibetan exile website www.phayul.com recently reported the release from prison of a Tibetan political prisoner called Tsering Lhagon from Sog, Nagchu (Chinese: Naqu) in the Tibet Autonomous Region, who was sentenced in the same case. Ngawang Tharpa, a Tibetan in exile with close contacts of the region, said that Tsering Lhagon had been released on March 23 (2014) after serving 15 years in prison. (Phayul.com, April 5, 2014, http://www.phayul.com/news/article.aspx?id=34772&t=1);
 According to Tibetan sources, and a report in the exile Tibetan newspaper Tibet Post, http://www.thetibetpost.com/en/news/tibet/3493-monk-released-under-surveillance-after-eight-years-in-jail;
 TCHRD report, April 15, 2013, http://www.tchrd.org/2013/04/monk-hospitalized-another-has-lost-mental-stability-on-release-from-prison/;
 Radio Free Asia report, April 28, 2013, http://english.rfa.org/english/news/tibet/freed-05282013152809.html;
 Also see Radio Free Asia report, March 8, 2013, http://www.rfa.org/english/news/tibet/wounded-03082012170750.html;