[Deathpenalty]death penalty news----worldwide

[Rick Halperin]

URGENT ACTION APPEAL


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7 July 2004

UA 216/04   Death Penalty/imminent execution

CHINA
Ishwori Kumar Shrestha (m), aged 27, businessperson
Rabi Dahal (m), aged 38
-Nepalese citizens


The two Nepalese men named above were sentenced to death in
the Tibet Autonomous Region (TAR), People's Republic of
China, on 30 May 2004, on drugs-related charges. They could be
facing execution at any time.

Their families have not heard from them for four months. They
were not officially informed of the sentence, but read about it in
a Kathmandu newspaper. They have since launched a campaign
to protest the men's innocence. It is not clear whether the men
have appealed, or been granted leave to appeal.

Ishwori Kumar Shrestha and Rabi Dahal, who regularly travel to
China on business, were detained on 30 May 2003, in Khasa,
TAR, after Chinese police found two sacks containing 29.85kg
of drugs in their possession. The two men appointed a lawyer,
but it is not clear whether a Nepali-Chinese interpreter was
provided, or whether the two were able to fully understand the
process of their charge and trial. Ishwori Kumar Shrestha's wife
last spoke to him around late February, and at that time he was
confident that he would be acquitted: he said that the sacks of
drugs had been given to him by a friend for safekeeping, and he
had no idea of their contents. A third man, Rewat Kumar Dahal,
was given a lengthy prison sentence.

BACKGROUND INFORMATION

Amnesty International believes that the Chinese criminal justice
system has become so flawed that it is impossible for the
Chinese judiciary to adequately establish guilt in this case, or in
any other capital case.  Amnesty International therefore believes
that there should be a complete moratorium on the use of the
death penalty in China. (For further information see the report
Executed ''according to law''? - the death penalty in China, ASA
17/003/2004). Amnesty International 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:
- calling on the authorities to stay the execution of Nepalese
citizens Ishwori Kumar Shrestha and Rabi Dahal immediately;
- insisting that a review of the trial is carried out, and demanding
that, if inadequacies are found, the men are retried in accordance
with international fair trial standards;
- demanding that full details of the trial, verdict and appeal are
passed to the men's families;
- demanding that Ishwori Kumar Shrestha and Rabi Dahal are
allowed to speak to their families by telephone at the earliest
possible opportunity;
- calling for an immediate moratorium on the use of 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 850000, Xizang Zizhiqu
People's Republic of China
Email:            e-editor at tibetinfor.com
            webmaster at tibetinfor.com
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
Lasashi, Xizang Zizhiqu
People's Republic of China
Salutation:       Dear President

COPIES TO:
Xinhua News Agency, Lhasa, Tibet.
Fax:        011 86 891 6341788
Email:            xhw_xz at yahoo.com.cn

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 August 17, 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: uan at aiusa.org
http://www.amnestyusa.org/urgent/
Phone: 303 258 1170
Fax:     303 258 7881

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END OF URGENT ACTION APPEAL
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