Melody in Prison: Ngawang Choephel
	UPDATE

The following is reprinted from the website of the The International Campaign for Tibet.

Rule of Law

If Chinese law provides for prison visits by relatives,
why can't Sonam Dekyi visit her son?

Over the past few years, China has stated that it is making strides toward governance through rule of law, rather than using unofficial, unstated procedures and the arbitrary discretion of officials for handling judicial processes. Rule of law, by contrast, sometimes called the "supremacy of law," provides that decisions should be made by the application of known principles.

In Ngawang Choephel's case, the "rule of law" should allow for his mother, Sonam Dekyi. to visit him in prison. "A prisoner serving a jail term may have visits from relatives and his guardian in accordance with regulations," says Article 48 of The Prison Law of the People's Republic of China adopted December 29, 1994. Generally, this means that immediate family may visit once or twice a month for no more than an hour per visit.

Ngawang Choephel's case may be governed by separate regulations because he is being held in a detention center, not a prison. However, the 1990 Regulations on Detention Centers (Kanshousuo tiaoli) also provides family visitation rights. They say that criminals can meet and correspond with their close relatives. Implementing rules issued by the Ministry of Public Security in 1991 further specify that visits with people held in detention centers are limited to one per month for no more than half an hour per visit.

On several occasions, Sonam Dekyi has applied with the Chinese Embassy in New Delhi for permission to enter Tibet in order to visit her son. So far, approval has not been granted. Ms. Dekyi is willing to travel to Tibet on Overseas Chinese travel papers issued by the Chinese government.

In addition, international law, as codified in the United Nations Standard Minimum Rules for the Treatment of Prisoners stipulates that "prisoners shall be allowed ... to communicate with their family and reputable friends at regular intervals both by correspondence and by receiving visits." (Article 37.) The Standard Minimum Rules even addresses the case of prisoners who are refugees:

"Prisoners who are ... refugees or stateless persons shall be allowed similar facilities to communicate with the diplomatic representative of the State which takes charge of their interests or any national or international authority whose task it is to protect such persons." (Article 38(2).)