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Basang Norbu, a Tibetan expert in legal
studies, described the judicial system of old Tibet as
chaotic with serf owners detaining serfs at random,
inflicting cruel punishments on them and indiscriminately
depriving them of their lives.
"In new Tibet, laws and regulations, which are drafted
by the National People's Congress (NPC), apply to
all citizens alike and everybody is equal before
the law," said Basang. "People punished are those
who have harmed the state's interests or endangered the
lives and property of the broad masses of the
people."
Basang said
present-day judicial procedures were strict and uniform: a
criminal was only judged after the charges had survived
tough assessment by public security departments, prosecutors
and courts.
Criminals were entitled
to a right of appeal if they disagreed with the sentence
handed them, Basang went on.
Lobsang Geleg, who has long been involved with reforming
criminals, said about 30 percent of inmates at the Prison of
Tibet Autonomous Region received cuts in their jail terms
each year under relevant laws.
"Not one of the criminals reprieved from the death
sentence has ever been executed; once they show remorse or
repentance they have a chance of getting their jail terms
reduced," said Lobsang.
Wang
Xiaoruo, a specialist in Tibetan history, said under the
feudal serfdom system as practised in old Tibet, the dim,
dank basements of manors, temples and the regional
government headquarters were used as prisons. Vipers and
scorpions abounded and the lives of those imprisoned were at
risk.
"Apart from a small
number of murderers and rapists, the overwhelming majority
of people imprisoned in old Tibetan jails were innocent
serfs thrown into prison for being unable to bear exorbitant
taxes and levies. The death rate at the prisons in old
Tibet was high, but the Dalai Lama turned a
blind eye to it," said Wang.
Under the serfdom system, which had been practised in Tibet
for centuries before it was abolished in the 1959 democratic
reforms, feudal lords, upper-class lamas and officials of
the former Tibetan government, who made up only 5 percent of
the Tibetan population, were responsible for drafting and
enforcing laws. The system was designed to subjugate the
serfs, and gave serf-owners free rein to punish, torture or
kill their serfs or household slaves.
Cedain Zhaxi, an associate professor of Tibetan
history with the University of Tibet, is frequently invited
to give lectures to prisons in Tibet.
"I have seen with my own eyes that the
prisons of today mainly focus on reforming the thinking of
inmates but at the same time can guarantee their legitimate
rights," said Cedain.
He cited
the Prison of Tibet Autonomous Region as an example.
At this prison, education via persuasion is the
dominant method of reform. Inside the prison, inmates can
read books and newspapers, study workplace skills and can
get rapid medical treatment if they fall ill.
"In prisons during the Dalai Lama's reign,
inmates were punished by such cruel acts as gauging out
their eyes, splitting their noses and hamstringing them or
ripping out their hearts, throwing them into scorpion pits
or over steep precipices - things
which are
unheard of in today's prisons," said
Cedain.
"Prisons during the
Dalai Lama's reign were hell on earth," said
Cedain.
These specialists conclude
that the principal role of a prison will differ under
various social systems.
In the old feudal
serfdom of Tibet, where politics combined closely with
religion, and a small number of serf owners possessed the
country's wealth and dominated judicial and administrative
power, prisons were set up to protect their
interests.
But in new Tibet, the broad masses
of the people have become masters of socialist China and of
their own destinies, and prisons are there to protect their
interests, the experts stressed.
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