Original Story IMMIGRATION OFFENDERS LANGUISH IN NEPAL JAILS By Durian Gray & Raju GurauOn a crowded bulletin board of a vegetarian restaurant in Thamel, amidst flyers advertising yoga, meditation retreats and Reiki workshops, cooking classes and overland trips to “mysterious” Tibet, there is one flyer that stands out from the rest:
TIBETAN REFUGEES IN JAIL
We are Tibetan Refugees who have been arrested by the Nepal Government at the urging of China because we wanted to visit his Holiness the Dalai Lama. We are not criminals and have not committed any crime except to love freedom for our country Tibet. Some of us have been in Jail here for over two years and have to serve a sentence of ten years. This is longer than the sentence given to drug smugglers. We are facing many problems such as hunger and cold during the winter. We have no friends or relatives in Nepal which makes things more severe for us. We would like to ask your help to get us through this difficult time. We will never forget your kindness. We speak some English. Thank you very much.
LOBSANG LAMA
Central Jail, Jagannath Dewal
Tripureshwar, Kathmandu, Nepal
Visiting Hours 9:00-3:45, Tuesday-SundayOur curiosity piqued, we decided to investigate and visited Lobsang Dorjee (22), in the Central Jail, ironically a stone’s throw from the China Bazaar and Chinatown shopping centers in Sundhara. There, in the crowded visitors’ hall, from behind rusty wrought iron grilles, he introduces us to two other Tibetan prisoners, one anaemic-looking Sangye Dhondup (also 22) and an older Choyang Dorjee (33). We could hardly hear him speak about the din of shouting (visitors must sit on a bench a few feet away from the grille). But even if we couldn’t hear Lobsang, what we could see told a story in itself. Despite some boils on his skin, here was a handsome, well-built young man (sporting a bandana and earring) who obviously keeps himself not only fit but, incredibly, manages to keep up his morale and indomitable spirits—and despite the incarceration since two years, seems happier than most people on the outside. With the help of an American inmate, he also managed to teach himself English, and speaks quite fluently. He also has access to a camera and passed us snaps of himself and the other Tibetan inmates inside the prison.
A few days later, we visited the office of the Dalai Lama in Kathmandu and spoke with His Holiness’ Representative, Wangchuk Tsering. He informed us that they are well aware of the prisoners, and he gave us a detailed list of the nine inmates who had been arrested as illegal immigrants, and their fines. One prisoner, Heroka Lama, incarcerated in the Bhadragol Jail, having already served more than three years of a ten-year sentence would have to pay (as of June, 2003) USD$9,400 plus a 80,000 rupee fine (over USD$1,000).
Wangchuk Tsering informed us that one foreigner had already paid the fines for three Tibetan ladies earlier this year and they had gotten released. He felt that since the UNHCR was unable to get them released, that the easiest way to gain their freedom would be to find foreign sponsors to pay the fines for the other prisoners—although others feel that this is not a healthy practice and might encourage more arrests.
One thing that these nine have in common, as opposed to recent Tibetan refugees fleeing China, is that these refugees had returned to Nepal after spending some time in India. Giulia Ricciarelli-Ranawat, Protection Officer of the UNHCR, later explained that the UNHCR assists Tibetan refugees with safe passage TO India, but at the time of processing they are instructed that they may NOT remain (or return) to Nepal. Wangchuk also referred to a “gentlemen’s agreement” they have with His Majesty’s Government to allow Tibetan refugees to proceed to a third country (India). That agreement had been violated earlier this year—in contravention to accepted international protocol—when Nepal immigration, no doubt under pressure from Beijing, deported 18 refugees back to the Chinese authorities in Lhasa.
The deportation of the 18 Tibetan refugees—who would most certainly face severe punishment and torture in their home country—outraged world opinion and, as a consequence, US Senator Dianne Feinstein withdrew her support of a bill that would have given preferential treatment for the import of Nepalese garments into the USA. American travel writer and activist, Jeff Greenwald who runs a website called ethicaltraveler.com, urged tourists to boycott Nepal—as tourism, carpet and garment exports are Nepal’s largest sources of foreign exchange. However, this summer during his visit to Washington, Nepal’s Foreign Secretary Madhu Raman Acharya gave assurances that such incidents would not happen again. Since then, with the help of the UNHCR, Tibetan refugees have been permitted to cross into India from Nepal, and the bill is once again being tabled. However, Sen Feinstein’s office said that she is still aware of (and no doubt concerned about) the nine Tibetan prisoners. According to the UNHCR, the American Embassy is also monitoring the refugee situation on a regular basis.
At present, the nine Tibetan prisoners are being held at three different facilities: Central Jail (3), Bhadragol Jail (1) and Nakhu Jail (5). Previously the Tibetans in Central Jail and Nakhu Jail had been together in Dilli Bazar Jail, but for some reason they were separated. Recently, during the national festival of Dashain, the inmates in Central Jail and the adjoining Bhadragol Jail were allowed to mingle, and the Tibetan inmates in the two jails were allowed to meet each other for the first time. When we visited during Dashain, Lobsang enthusiastically told us that they had a party and made salty Tibetan tea. Otherwise, the Tibetans, not accustomed to daily dal/bhat, complain about the food and are happy to receive gifts of tsampa, butter, instant noodle packets, fruit and even vitamins.
On one visit, the Tibetan inmates came to the visiting room with their heads covered in plastic bags. We thought that they were coloring their hair with henna, but Lobsang said that they were painting their prayer room, and would be grateful for any donations of thangkas or religious pictures or books. They have also asked for English dictionaries and Lobsang requested a pair of sneakers (size 41). Warm clothes would also be welcome for the winter. Since the Nakhu jail is somewhat remote—past the Tibetan camp in Jawalakhel, just outside Ring Road, the Tibetan inmates at Nakhu would welcome more visitors. On one occasion, we observed one Tibetan lady who had come out from Boudha to see them.
Sechya Lama, a sturdy well-built Khampa who, like Lobsang, manages to keep up his health and high spirits, sometimes lapses into anger when reflecting on his undue harsh punishment—“I came to Nepal as a pilgrim and they arrested me. Why we have to serve ten years in jail just because we didn’t have a passport?”
Heruka, the prisoner at Bhadragol, is also angry after three years incarceration, especially when he sees fellow inmates—Nepalis—who after serving four years for serious crimes likke armed robbery and attempted homicide—are getting released. Lobsang, however jokes, “maybe we should have carried charas (hashish) in our pockets and we would have gotten a lesser sentence!” Meanwhile, Giulia Ricciarelli-Ranawat assured us that the UNHCR continues to press for their amnesty on occasions like the King’s birthday, and Lobsang, in a letter wrote, “I only pray to God for sunshine in my life, study every day and hope for release.” ********
(Durian Gray is a freelance writer concerned with Tibetan issues, and Raju Gurau is a prison activist who also works with Nepali prisoners in Thailand. For further information, readers may contact them at prisonheartnepal@yahoo.com)
List of Tibetan refugee prisoners obtained from the office of the Dalai Lama’s representative in Kathmandu, dated June 11, 2003] 1. Gadun Samten, a.k.a. Heruka Lama (M/31) incarcerated since 22/6/00, held at Bhadragol Jail, Ktm. Fine imposed: US$9,400 visa fee + Nrs. 80,000 fine. 2. Sonam Lama, (M/32) incarcerated since 20/8/01, held at Nakhu Jail, Ktm. Fine imposed: US$2,215 visa fee + Nrs. 40,000 fine. 3. Sechya Lama, (M/23) incarcerated since 20/8/01,held at Nakhu Jail, Ktm. Fine imposed: US$2,215 visa fee + Nrs. 40,000 fine. 4. Sangye Dhondup, (M/22) incarcerated since 22/8/01, held in Central Jail, Ktm. Fine imposed: US$1,365 visa fee + Nrs. 20,000 fine. 5. Lobsang Dorjee, (M/22) incarcerated since 22/8/01, held in Central Jail, Ktm. Fine imposed: US$1,365 visa fee + Nrs. 20,000 fine. 6. Dorjee Tashi, (M/23) incarcerated since 22/8/01, held at Nakhu Jail, Ktm. Fine imposed: US$1,365 visa fee + Nrs. 20,000 fine. 7. Dukar, (M/28) incarcerated since 22/8/01, held at Nakhu Jail, Ktm. Fine imposed: US$1,365 visa fee + Nrs. 20,000 fine. 8. Choyang Dorjee, (M/33) incarcerated since 15/5/02, held in Central Jail, Ktm. Fine imposed: US$2,195 visa fee + Nrs. 5,000 fine. 9. Palden Gyatso, (M/33) incarcerated since 15/5/02, held in Nakhu Jail, Ktm. Fine imposed: US$2,195 visa fee + Nrs. 5,000 fine.
Letter from Heruka Lama:Here I am, Gadun Samten or Heruka Lama from Tibet region of Amdo. I left my country since from 1993 and took refuge in India. I studied in the South Indian state of Karnataka, in Mungod, around four years. After completing my studies from there I came to Kathmandu, Nepal. Here I stayed around three years. In 6/22/99 I was arrested by the Nepal police at a place called Jiri. After that, I was sent to prison at Dilli Bazar. I stayed there around three months and they transferred me from there to Bhadragol Jail. Here I stayed around three years.
What I am going to request you is to communicate with the Nepal Immigration to help me to solve my problem without having to pay any money. I don’t want to pay money anymore. The reason is that they punished me more than the crime. They kept me a long time for a very minor case like passport.
What I am requesting from you is to propagate or publicise my resume to all American citizens and let them know about my case. Also, I am requesting to you to please deal with the UNHCR and inform them to grant me an Identity [card] for the future, so I can travel where I want.
I am very grateful to you for your visit here to me. I felt very happy for that. From my side, I will struggle for Human Rights forever. Today, I want to conclude my brief note here. Your friend, Heruka
Letter from Lobsang Dorjee dated 18/9/03Dear D,
I hope this letter finds you in good health. It was very nice of you to set aside sometime from your busy schedule and come visit us today. I must thank you for the medicines that you brought us.Here we are all right and fine. In the next sheet is enclosed my life story and future aspirations. If it is not too much of a bother then may I request you to bring me a pair of sneakers. My foot size is 41. However, if this puts you in any kind of discomfort, please do not go through the trouble. I look forward to seeing you at your earliest convenience. May God bless you forever. Yours faithfully, Lobsang Dorjee
My name is Lobsang Dorjee. I am from Tibet.I was born in 1981, in the province of Amdo. I have a grandfather, grandmother and uncle, father, mother and two brothers and sisters supported our home. Since I was older, I needed to look after grandfather and grandmother and uncle, but my uncle is a lama teacher in the monastery.
I went to primary school for six years, then I graduated from primary school and went to middle school for two years. But education fees were so high that I didn’t continue school. Then in the summer I needed to go to work with my family. But I didn’t need to go for yak herding because every summer our family used to collect cordyceps and other medicinal herbs in the high alpine meadow area of Golok.
And a few years later, I was living and working as a farmer in my village. I heard people saying that was possible to go to India and meet HH the Dalai Lama. Because it is wish of every Tibetan to meet HH the Dalai Lama in his lifetime, I decided to go to India. So, in April of 2001, I travelled to Lhasa. There the problems started because the Chinese police do not let you get too close to the border without a passport. But, I was lucky to use a friend’s passport and went to the border in a taxi. When I arrived at the border, my relatives introduced me to some local people, but the [baksheesh] fee for crossing the border is very expensive, but anyway I wanted to get my things done. So I gave 2,000 yuan [about US$250] to the local people and they showed me a secret way through the jungle [to Nepal].
At Barabise, the Nepal police caught me and checked me [for ID], but I didn’t have a passport or money at the Nepal border. I was under intense scrutiny from the army all night, and they were asking where I was going and from where I came. I didn’t want to tell them that I was going to visit HH the Dalai Lama, so I told them that I wanted only to go as a tourist to Nepal. But they were thinking that I was going to visit HH the Dalai Lama, so they beat me up and they didn’t give me any food all day, and after that they gave me to the Chinese police, and they beat me up too.
After that they left me alone for three days without food, but afterwards they let me phone my relatives who lived near that place and they brought food for me. Then the Chinese police took my finger prints and took photos of me, and they said since that I wanted to illegally leave China, I was therefore dangerous. They said that they had many proofs that I was trying to subvert the People’s Republic, and that I had arranged [political] demonstrations against China and that therefore they had to shut me in jail.
However, while they were arranging transportation, I managed to escape. My relatives helped me to hide because I had injured my leg in the escape. The Chinese police encircled my relatives’ house and searched it. My relatives were afraid because the Chinese police often visited them and gave them beatings.
After two weeks I was better and so I again went over the mountains to Nepal and on to Kathmandu. There I looked up the Tibetan Exile Government office. I told them my story and they helped me to go to the Dharamsala Tibetan Reception office. In Dharamsala, I finally had my long-awaited audience with HH The Dalai Lama. I was overjoyed. Then I went to school for study and to wait till Tibet will be free.
Although I was happy to be in India, the change of climate from the high mountains to hot weather plains was very bad for my health. I got big fevers, intestinal problems and my health got more and more bad. I got some medicines from the hospital, but it didn’t make me any better. On the contrary, my health got worse from the heat. So, my friends gave me advice to go to Nepal for better climate and suggested that the Tibetan reception office in Kathmandu should help me. The Dharamsala reception arranged for me the way to Kathmandu.
But nearby before Kathmandu [in Thankot], the police checked the bus and because I hadn’t any passport they handed me and my friends to the immigration authorities. They fined me $1,500, and said that if I didn’t pay this money I would be sentenced to 10 years in jail. I didn’t have any money like that, so they sent me to jail.
There are nine of us Tibetans here [in jail] for passport code [violations] without any court appearance. I have been in jail already two years. There is bad food, bad conditions and many conflicts with criminals. I only pray to God for sunshine in my life, and study every day and hope for release. I believe that one day I will be released, but I cannot go home to Tibet. The only safe way from here is to go back to India. But I am afraid of the hot weather in India, and for that reason I prefer to live in another country like Canada, Australia or Switzerland.
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