Officials Report Release of More Than 3,000 of the More Than 4,400 Detained Tibetan "Rioters"

July 9, 2008

Chinese officials have disclosed information that, if accurate, shows that authorities have released more than 3,000 of more than 4,400 persons (nearly all Tibetan) whom security officials detained in connection with rioting in March, or who allegedly surrendered to authorities. The reports provide information only about persons whom authorities suspected of participating in rioting during a period of six days in nine county-level Tibetan areas.

Chinese officials have disclosed information that, if accurate, shows that authorities have released more than 3,000 of more than 4,400 persons (nearly all Tibetan) whom security officials detained in connection with rioting in March, or who allegedly surrendered to authorities. The reports provide information only about persons whom authorities suspected of participating in rioting during a period of six days in nine county-level Tibetan areas.

Chinese officials have provided no information, however, about a large but unknown number of Tibetans whom security forces detained in connection with peaceful protests over a period of several weeks beginning on March 10. The protests spanned more than 40 additional county-level areas in the Tibetan autonomous areas of China.

Chinese authorities released by June 21 a total of 3,072 of the 4,434 persons whom officials characterized as "rioters" and who had surrendered or been detained by April 9, based on Congressional-Executive Commission on China (CECC) analysis of a June 21 China Daily report and previous reports. China's state-run media provided information (summarized in the Table below) about rioting in:

  • Lhasa city, Lhasa municipality, Tibet Autonomous Region (TAR) on March 14 (Xinhua, 9 April 08);
  • Xiahe (Sangchu), Maqu (Machu), Luqu (Luchu), Zhuoni (Chone), and Diebu (Thewo) counties, and Hezuo (Tsoe) city located in Gannan (Kanlho) Tibetan Autonomous Prefecture (TAP), Gansu province from March 14 to March 19 (an additional Xinhua report, 9 April 08);
  • Linzhou (Lhundrub) county, Lhasa municipality on March 14 (Tibet Daily, reprinted in China Tibet News, 19 March 08, translated in OSC, 19 March 08);
  • Aba (Ngaba) county, Aba Tibetan and Qiang Autonomous Prefecture, Sichuan province on March 18 (Xinhua, reprinted in People’s Daily, 25 March 08.

Official Chinese Sources: Detention, Surrender, and Release of Alleged "Rioters"

.

Lhasa city March 14 rioting Xinhua, April 9

Gannan TAP March 14-19 rioting Xinhua, April 9

Linzhou county March 14 rioting Tibet Daily, March 19

Aba county March 18 rioting Xinhua, March 25

TOTAL

Surrender: total

362

2204 (incl. 519 monks)

94

381

3041

Surrender: released

328

1870 (incl. 413 monks)

.

.

.

surrender: formal arrest

.

.

.

.

.

Surrender: remain detained

34

334 (incl. 106 monks)

.

.

.

Police detention: total

953

440 (incl. 170 monks)

.

.

1393

 detention: released

.

.

.

.

.

Police detention: formal arrest

403

8

.

.

.

Police detention: remain detained

.

.

.

.

.

TOTAL: surrendered or detained

1315

2644

94

381

4434

TOTAL: remain detained (reports as of June)

116 China Daily, June 21

.

.

.

116

TOTAL: sentenced (reports as of June)

42 China Daily, June 21

.

.

.

42

TOTAL: released (reports as of June)

1157 China Daily, June 21

1870 Xinhua, April 9

.

.

3027

TOTAL: status unknown (reports as of June)

0

774

94

381

1249

The Table shows that Chinese officials have so far acknowledged that a court has sentenced only 42 persons for alleged criminal activity linked to rioting. The largest disclosure of such information was on the Lhasa Intermediate People's Court April 29 sentencing of 30 Tibetans to imprisonment for periods ranging from three years to life (Xinhua, 29 April 08, translated in OSC, 30 April 08). The court convicted the defendants for crimes described in the report as "arson, looting, picking quarrels and provoking troubles, assembling a crowd to storm state organs, disrupting public service, and theft." The current status of more than 1,200 alleged rioters remains unknown, based on information summarized in the Table.

The Table reveals a statistical discrepancy that may indicate either additional releases or the use of administrative instead of judicial sentencing. By June 21, authorities reportedly released 1,157 of the 1,315 persons who surrendered or were detained in connection with the March 14 Lhasa riot -- but Xinhua reported on April 9 that 403 of the 1,315 persons had been formally arrested on a criminal charge. If 1,157 persons were released, then the maximum number of persons who could have been formally arrested and faced trial would have been 158. It is unclear whether the report of 403 formal arrests was an error, or if 245 of the 403 arrests resulted in an outcome other than trial and sentencing. For example, if formal arrest on a criminal charge did not result in a procuratorate indicting a detainee on the charge, or if a procuratorate indicted a detainee but a court did not accept the case for trial, then public security officials may have released the detainee. Alternately, if either a procuratorate or a court decided not to proceed with prosecution, then public security officials could have referred the case to a reeducation through labor (RTL) committee. A RTL committee could order a detainee (without trial) to serve a period of administrative detention of up to three years, with the possibility of a one-year extension. Even though the Chinese government continues to punish large numbers of citizens administratively,the CECC has not seen reports in China's state-run media of public security agencies using administrative punishment for Tibetan rioters or peaceful protesters.

Tibetan rioting that resulted in the detention and criminal prosecution of Tibetans also took place in Duilongdeqing (Toelung Dechen) and Dazi (Tagtse) counties on March 14 and 15 respectively, based on additional official reports (Xinhua, 29 April 08 (translated in OSC, 30 April 08); Xinhua, 29 April 08; Xinhua, reprinted in China Daily, 24 March 08; Xinhua, 5 April 08). Both counties are adjacent to Lhasa city and are under Lhasa municipality administration. It is unclear, however, whether or not the detention and criminal prosecution of Tibetans for participation in alleged rioting in Duilongdeqing and Dazi are reflected in the Xinhua April 9 statistics summarized in the Table because neither county is mentioned in the April 9 report.

Eighteen civilians and one police officer died as a result of the March 14 rioting, according to the June 21 China Daily report, but Chinese officials have not provided information about criminal charges and prosecution linked to the deaths. Following an amendment of China's Organic Law of the People's Courts that took effect on January 1, 2007, if a court sentences a defendant to death, the Supreme People's Court must review and approve the sentence before an execution can be carried out. Prior to the amendment, the same court that would hear an appeal against the verdict (the TAR High People's Court, in this case) also had the authority to issue final approval of the sentence.