Earthquake Victim Sentenced to Prison for Desecrating Flag
The devastating 7.8-magnitude earthquake that rocked Nepal on April 25, 2015 also brought casualties and widespread damage to southwestern Tibet. Across the region there were 25 deaths, four missing, hundreds of injuries, and more than 47,500 people were displaced. Tingri, 150 miles southwest of Shigatse, was one of the hardest hit counties, where nearly 80 percent of housing was leveled by the quake.
Disaster relief efforts often produce tensions between government officials and those whose lives have been most affected. This appears to have been the case for Tingri county resident Garab, whose home was destroyed in the quake and whose apparent frustration with inaction by local officials led to a symbolic act of protest that put him in prison for two and half years.
According to the court verdict (translated below), Garab reportedly found an old PRC flag in the ruins of his former home weeks after the April quake. Prosecutors alleged that he burned holes in the flag and then used a marker to write “Free Tibet” on it. After allegedly hiding the flag under his mattress for several days, he discarded it along a path where some village children found it. Members of a work group stationed in the village noticed the children playing with the flag and reported the incident to local authorities. Garab was later taken into custody and charged with flag desecration under China’s Criminal Law.
Garab’s November 2015 trial appears to have been only the third criminal trial filed at the court that year, making it a rather rare event for the judges of the Tingri County People’s Court. Similar acts of protest elsewhere in China have resulted in lighter sentences. But, instead of ascribing Garab’s act of protest to high emotions in the wake of tremendous personal loss, the court showed little leniency—shaving only six-months off the maximum three-year prison sentence though Garab had confessed, expressed remorse, and had no prior police record.
The trial itself appeared perfunctory. While the verdict refers vaguely to forensic testimony, Garab’s confession seems to have been the prime piece of evidence linking him to the flag desecration. However, because his act of protest happened in an ethnic border region during a time of heightened tensions, local authorities’ need to preserve stability took priority.
Tibet Autonomous Region Tingri County People’s Court Criminal Verdict
(2015) Tingri Crim. 1st No. 3
The prosecuting organ is the Tingri [Dingri] County People’s Procuratorate.
The defendant Garab, male, Tibetan, born June 5, 1972, understands a little Tibetan, is a farmer from Tingri County, Tibet, and lived there prior to his arrest. He has no prior record. On June 15, 2015, the Shigatse [Rikaze] Public Security Bureau placed defendant Garab under criminal detention in accordance with the law on suspicion of desecrating the national flag. On July 17 of the same year, he was arrested in accordance with the law by the Shigatse Public Security Bureau and is currently being held in the Shigatse Public Security Bureau Detention Center.
The defense counsel is Tenkyi, female, Tibetan, of the Chomolungma Law Firm.
On October 23, 2015, the Tingri County People’s Procuratorate filed indictment Tingri Proc. Crim. Indict. (2015) No. 3 with this court, charging defendant Garab in a case of desecrating the national flag. This court formed a collegiate bench in accordance with the law and held an open hearing to try this case. The Tingri County People’s Procuratorate appointed procurator Kalsang Dorje and Tashi Dondrub to appear in court on behalf of the prosecution. Defendant Garab and his defense counsel Tenkyi appeared in court to participate in the proceedings. The trial has now concluded.
The Tingri County People’s Procuratorate charged that, on May 23, 2015, as defendant Garab was cleaning up the wreckage of his earthquake-damaged home in Zuobude Village, Rongshar Township, Tingri County, he picked up an old but relatively intact PRC flag. He brought the flag back to his home in Chentang Village and used a lighter to burn the flag, leaving seven holes of different sizes. He then scrawled “Free Tibet” in Tibetan Uchen [block] script on the flag and hid it under his mattress. Three days later, he used yarn to wrap the flag in a bundle and dumped it on a path near Nyimalakang in his village. On May 30, 2015, village work team members Pemba Choedron, Sonam Purchog, Yonwa Madanzhi, and Hu Xiaoliang found village children playing with a burnt flag upon which the words “Free Tibet” had been written. It attracted their attention, so they reported the incident to the party committee and government of Rongshar Township.
The prosecution’s charges are supported by evidence from witness statements, the defendant’s confession, and related documentary and physical evidence. On this basis, the prosecution maintains that the act of burning and defacing the national flag by defendant Garab constitutes the offense of flag desecration and recommends that, according to Article 19 of the Flag Law of the PRC and Article 299 of the Criminal Law of the PRC, defendant Garab be sentenced to 2-1/2 years’ imprisonment.
Defendant Garab did not dispute the facts or evidence put forward in the prosecution’s allegation. However, the defendant said in his defense that the only reason he burned and defaced the flag was because he was unhappy with the inaction of the village party secretary, Dawa Tashi, during the earthquake relief period. He therefore requested that the court show lenience in sentencing.
Defendant Garab’s defense counsel Tenkyi made the following statements in defense: (1) Defendant Garab did not intend to desecrate the national flag when he burned and defaced it, as his primary goal was to [attract] attention from “higher authorities” and have better monitoring over administrative work in the village; and (2) defendant Garab has previously made contributions to border defense work by serving as a Nepali translator.
In the course of the trial, it was ascertained that on May 23, 2015, as defendant Garab was cleaning up the ruins of his home in Zuobude Village, Rongshar Township, Tingri County, he picked up an old but relatively intact PRC flag. He brought the flag back to his home in Chentang Village and used a lighter to burn the flag, leaving seven holes of different sizes. He then used a marker to write “Free Tibet” in Tibetan Uchen [block] script on the flag and hid it under his mattress. Three days later, he used yarn to wrap it in a bundle and dumped it on a path near Nyimalakang, Chentang Village. On May 30, 2015, village work team members Pem___, So___, Yon___ and Hu X found village children playing with a burnt flag upon which the words “Free Tibet” had been written and they reported the incident to the government of Rongshar Township.
The aforementioned facts are confirmed by the following evidence, which was put forth by the Tingri County People’s Procuratorate and cross-examined and confirmed in court:
Documents concerning the origin of the case, confirming that a case of burning and damaging the national flag was discovered in Rongshar Township, Tingri County.
Case registration records, confirming the time and place that the case was discovered, along with a summary of the [registration] process and basic information about the suspect.
The defendant’s identification card and certification letter of household registration, confirming defendant Garab’s place of birth and that he has reached the age of majority.
The defendant’s confession, confirming that on May 23, 2015, defendant Garab used a lighter to burn seven holes of different sizes in a PRC flag and used a marker to write “Free Tibet” in Tibetan on the flag.
Testimony of witness Pur___, confirming that he picked up a PRC flag in which holes had been burnt and upon which had been scrawled “Free Tibet” in Tibetan.
Testimony of witnesses Yon___, Pem___, So___, and Hu X, confirming that the PRC flag in which holes had been burnt and upon which had been scrawled “Free Tibet” in Tibetan was being played with by several children.
Eight identification records and photos of the scene, confirming the orientation and general overall picture of the scene where the case was discovered.
Expert testimony, confirming that the words “Free Tibet” written on the burnt and deformed flag were written by defendant Garab.
This court finds that: The PRC flag represents the entire Chinese people and symbolizes the dignity of the nation. This case occurred on our nation’s border and during the special period when resettlement was being carried out following the April 25 earthquake, when the need to maintain stability in affected villages was particularly urgent. Burning holes in the national flag and scrawling “Free Tibet” on it in Tibetan was an insult to national dignity, had a negative influence on society, and hurt the feelings of the broad popular masses. The impact on society was thus especially bad, and defendant Garab’s actions constitute the offense of desecrating the national flag. The criminal facts and crime alleged by the prosecuting organ have been established and the proposed penalty is appropriate; therefore, this court supports [the indictment].
Defense counsel claims that defendant Garab did not intend to desecrate the national flag when he burned and defaced the flag and that his primary goal was to [attract] attention from “higher authorities” and have better monitoring over administrative work in the village. However, motivation is not an element of the crime, and therefore this court does not accept the argument.
With respect to the [defense argument] that defendant Garab had previously made contributions to border defense work by serving as a Nepali translator, this has nothing to do with this case and this court does not accept the argument.
Defendant Garab truthfully confessed his crimes after being taken into custody and has shown a relatively good attitude toward confessing guilt and has demonstrated sincere regret. As defendant Garab is a first-time offender with no previous record, [these circumstances] can be taken into consideration in assessing the penalty. In accordance with Article 299 of the Criminal Law of the PRC, [this court] rules as follows:
ONE. For the crime of desecrating the national flag, defendant Garab is sentenced to 2 -1/2 years’ imprisonment. (The prison term is to be calculated from the day the verdict is implemented, with each day spent in detention prior to the verdict’s implementation to count as one day of the prison term; therefore, it will run from June 15, 2015, to December 14, 2017).
If this verdict is not accepted, an appeal may be filed within 10 days of the second day following the receipt of this verdict, either to this court or directly to the Shigatse Intermediate People’s Court. In the case of a written appeal, the original appellate petition must be submitted together with two copies.
