Tibetans living in exile are Chinese

dish

E n t s c h e i d u n g s g r u n d e:

With the contested decision, the now complainant's application for international protection dated 05/05/2007 in accordance with Section 3 (1) AsylG was rejected and the status of persons entitled to asylum was not granted. Pursuant to Section 8 (1) no.1 AsylG, the complainant was not granted the status of beneficiary of subsidiary protection in relation to the PR China country of origin and was expelled from Austria to the PR China in accordance with Section 10 (1) 2 AsylG.

Legal remedies were brought against this and the entire scope of the decision was contested due to the illegality of its content and illegality due to a violation of procedural regulations.

During the oral hearing before the Asylum Court on May 5, 2009, to which the Federal Asylum Office did not send a representative, the complainant was questioned and country reports read out and discussed.

In the course of her asylum procedure, the complainant submitted a specialist medical certificate from the specialist in neurology and psychiatry, Dr. XXXX dated October 6, 2008, from which it essentially emerges that the complainant suffers from nightmares, sleep disorders as well as from a post-traumatic stress and anxiety disorder.

The following facts are established:

The complainant, a citizen of the PR China, left her home country, entered Austria illegally and on 05/05/2007 submitted this application for international protection. She is a Buddhist, a member of the Tibetan ethnic group, divorced and has one son. The applicant's parents, brother and son are resident in the PRC / Tibet.

In mid-January 2007, the complainant came into the sights of the Chinese police because of the distribution of trailers bearing the picture of the Dalai Lama and the Panchen Lama and was wanted by them. She then left Tibet and the Chinese territory on February 17th, 2007.

These findings result from the information provided by the complainant in this regard and from the contents of the file. The complainant essentially provided identical information in the first instance proceedings, in the written statements in the appeal and in the appeal proceedings. Likewise, the information provided by the complainant corresponds to the reality in the PR China / Tibet. In the oral hearing before the Asylum Court, through her demeanor and the spontaneity of her answers, she gave a credible impression that she had actually experienced what was said, and was able to clear up the inconsistencies pointed out by the Federal Asylum Office. Viewed in the overall context, a coherent, comprehensible picture of their threat has emerged and it cannot be assumed with the requisite probability that the complainant's submissions are unbelievable.

The following is stated about the situation in the PR China / Tibet:

Tibet (Xizang) is one of the five autonomous regions of China, it is located at an altitude of 4500 meters and is therefore the highest region in the world. Tibet borders India, Nepal, Bhutan and Myanmar from west to east and China to the north. It covers an area of ​​1.2 million km². The traditional area of ​​Tibet was structured into four regions, but only two regions now form the Tibetan Autonomous Region TAR. These are western Tibet with Um Ngari and central Tibet with U-Tsang. The capital is Lhasa.

There are around 6 million Tibetans in all of China, which is around 0.44 percent of the total Chinese population. The Tibetan Autonomous Region -TAR has a population of 2.4 million based on the 2000 census. Ethnic Tibetans are also found in the autonomous prefectures of the four provinces bordering Tibet, such as: Qinghai, Gansu, Sichuan and Yunnan. Internationally ethnic Tibetans inhabit parts of Nepal, India (Himachal Pradesh, Jammu and Kashmir, as well as Sikkim), Bhutan and Pakistan. About 130,000 Tibetans live in exile.

The Tibetan language is assigned to the Tibetan-Burman language group. Together with the Chinese language, it is the official language of the Tibetan Autonomous Region - TAR. Tibetan Buddhism is the main religion, there are also small groups of Islamic and Catholic religious believers.

Tibet (Xizang) was occupied by the Sino Communist troops in October 1950. In March 1959 there was an unsuccessful armed uprising by the Tibetans against Chinese rule. Tenzin Gyatso the Dalai Lama, the secular and spiritual Buddhist head of the Tibetans, had to flee with some 100,000 followers to Dharamsala in northern India, where he founded a government in exile. The Chinese rulers ended the former dominance of Buddhist monks (lamas) and destroyed many monasteries.

Tibet (Xizang) became an Autonomous Region of China in September 1965 under Chinese suzerainty. For the majority of Tibetans, the Dalai Lama is still revered as the "God-King" and the Chinese presence in the country is seen as a burden.

Government in exile

The Tibetan government in exile was established by the Dalai Lama shortly after his arrival in India in 1959. This is based on a modern democratic system with a clear separation of powers between the three organs - judiciary, legislative and executive.

Kashag or the Council of Ministers is the highest executive body. The Assembly of the Tibetan Peoples Deputy, ATPD for short, is the legislative body of the Tibetan government in exile and forms the parliament in exile. Among other things, it drafted and passed the Charter of Tibetans in Exile and the Basic Law. The Tibetan Supreme Justice Commission forms the highest judicial body and is at the same time guardian of the constitution in exile.

In 1963, from the headquarters of the government-in-exile in Dharamsala, the Dalai Lama proclaimed a democratic constitution for a future free Tibet.

Over the past 40 years, Tibetans have made great efforts to maintain and promote their religious and cultural institutions, which is a very important part of maintaining Tibetan identity.

The Government of the People's Republic of China

Political rule is held by the Chinese Communist Party, which is organized according to Leninist principles and whose leadership role in the state and society is enshrined in the constitution. The party has practically unlimited powers to intervene, issue instructions and make decisions. The Popular Front parties are controlled by the CCP and are only intended to help maintain the fiction of a multi-party system.

In 2006, the adoption of the 5-year plan 2006 - 2011 was decided and instead of new initiatives, the focus is even more than in previous years on the further expansion of the social network, general access to education and health services and the reduction of social imbalances, including the promotion of income development in rural areas. Overall, the line of the current leadership, which gives priority to economic growth, structural reforms, social justice and sustainable measures for rural areas, was confirmed, but remains cautious with regard to political opening and liberalization.

The Tibetans are hardly given any real influence in political decisions. Although the Tibetans in the Tibet Autonomous Region (Xizang) form the majority compared to the Han Chinese, key positions are predominantly occupied by Han Chinese. In addition, only those who speak Chinese can make progress in politics and business.

Judiciary

The law provides for a constitutionally guaranteed independent judiciary, without interference from administrative bodies, social organizations and individuals. The general principles of the legal order are set out in Articles 123 to 135 of the Chinese Constitution.

The Supreme People's Court is the highest judicial organ of the state. Its tasks are the management and supervision of the work of the local people's courts and the special people's courts, negotiating first instance legal cases, appeals and appeals against judgments and decisions of the higher people's or special people's courts and people's public prosecutor's offices, as well as confirming the death penalty and establishing guidelines for interpretation. Below the Supreme People's Court there are the lower, middle and higher level people's courts and the special people's courts, which also include military and maritime courts and courts in matters of rail transport.

In Chinese legal doctrine, the independence of the courts is mainly understood as "independence of judicial decision" and not as the independence of the individual judge. Judges' judgments are often reviewed by higher-level officials appointed by the party. Courts are only "independent" insofar as the cases negotiated do not affect the interests of the CCP or local rulers, which limits the Chinese judiciary's function as a transparent, impartial and independent part of the legal system.

In the context of the judicial reform, which should be completed by 2010, there are no plans to abolish the "Political and Legal Commissions", which ensure the CCP's influence on the judiciary. In practice, it is of particular importance that lower courts have the opportunity to ask the higher people's courts for an assessment in significant cases, either in writing or orally. This is to help avoid any subsequent overturning of judgments. In theory, it is also possible to intervene in ongoing proceedings through binding interpretations of the higher courts.

At the end of October 2007, a new lawyer law was passed, which brings about certain improvements for the work of lawyers. Nevertheless, lawyers still run a high personal risk when they represent in state security or human rights cases, because they can easily be prosecuted for "complicity" with their clients. As a result, there are few lawyers who represent such cases. Efforts have been made since 2006 to strengthen the rights of the accused in investigative and criminal proceedings. When and in what form the corresponding legislative proposals will actually be implemented and how they will work in practice remains to be seen.

Police and security forces

The Chinese security apparatus is divided into seven formal organs. The public prosecutor's offices, which pursue legal violations of the common citizen, the discipline control commission of the CCP, which intervenes against violations of CCP members, and parts of the control ministry, which are responsible for breaches of duty in office, are dedicated to public danger prevention.

The Ministry of Public Security - MfÖS, the Ministry of State Security - MSS and the military facilities of the 2nd and 3rd Headquarters in the General Staff of the People's Liberation Army are responsible for secret intelligence. These secret intelligence agencies are very often used to balance the balance of power against each other.

The Ministry of Public Security is responsible for the entire area of ​​internal security and oversees all national police activities in China, including the People's Police, which is the lowest organizational unit of the police with an estimated staff of 1.5 million. It maintains forces for the protection of the government and political leadership, for the surveillance of vital economic facilities as well as the sea and national borders, for the intelligence system, for administrative detention and for the coordination with other security authorities. At the provincial level, the Ministry of Public Security is responsible for the "security offices", at the district and municipal level the "security offices" with their respective police officers.

The task of the Chinese police is not only to avert danger, which includes ordering detention as a coercive measure, but also to prosecute.

In the area of ​​criminal prosecution, she is primarily responsible for conducting criminal investigations. The police are not only responsible for criminal offenses, but also for investigating so-called "administrative offenses" and for imposing sanctions.

In addition to the police under the Ministry of Public Security, there are also People's Police of the Ministry of State Security, the prisons, the labor education authorities and the judicial police of the People's Courts and People's Prosecutor's Offices.

For several years now, the Chinese government has tried to reform the police and limit their use of power. The restrictions on police powers in gathering evidence and exercising their duties by ministerial decree in February 2003 were supplemented in 2005 by a legislative initiative to further limit police powers and accompanied by a public instruction from the public prosecutor at the Supreme People's Court to the police prohibiting torture.

The Ministry of State Security (MSS) is responsible for overseas intelligence and surveillance of overseas Chinese and organizations or groups that could impair the security of the People's Republic of China. It monitors the opposition in its own country, but also operates counter-espionage and often observes the contacts between foreign journalists and Chinese citizens.

The Chinese armed forces consist of the Chinese People's Liberation Army (VBA), the People's Armed Police (BVP), the Reserve and the People's Militia. The People's Armed Police are partially subordinate (insofar as the maintenance of public security is affected) to the Ministry of Public Security, another part is subordinate to the Ministry of Defense. The armed forces are led by the Central Military Commission. While the VBA troops are on active duty and the reserve units serve national defense in the event of war, the units of the People's Armed Police are mainly responsible for security tasks and are intended to help maintain social order. The latter is also the task of the People's Militia, which is also supposed to help in the preparation of a war or in the event of a war of defense.

The People's Liberation Army currently has almost 2.3 million soldiers, making it the largest army in the world. In addition (according to official information) there are 660,000 members of the armed people's police and at least 1.5 million members of the reserve and the people's militia.

In addition, the armed forces also have their own, carefully structured intelligence service, the 2nd main administration in the General Staff, which sees itself in competition with the Ministry for State Security and the Ministry for Public Security. The electronic reconnaissance is mainly carried out by the 3rd headquarters in the General Staff.

The International Liaison Office under the political 1st Headquarters of the General Staff is primarily responsible for information from abroad, for dispatching agents to foreign missions, mostly under diplomatic "camouflage", and for monitoring their own diplomatic staff.

The surveillance of Chinese nationals abroad and those foreign groups whose actions are relevant to the security of the People's Republic of China are carried out by the Ministry of State Security and, above all, by the Ministry of Public Security. Most of the monitoring is done by informal staff.

Human rights situation

Article 4 of the Constitution enshrines the equality of all nationalities in the PRC. He guarantees the use of their language, both spoken and written, as well as the preservation of their customs and traditions. Discrimination and oppression are prohibited. At the same time, the state is obliged to accelerate the economic and cultural development of minority areas. Under the guise of fighting separatism and terrorism, however, it has been observed that particular pressure is being exerted in the Tibet Autonomous Region (Xizang). Other basic and human rights are protected by Articles 33 et seq. Of the Constitution of the People's Republic of China. Some fundamental and human rights violations are punishable, such as the violation of freedom of belief (Art. 251 StGB), the rights of ethnic minorities (Art. 251 StGB) or postal and telecommunications secrecy (Art. 252 ff. StGB). Proceedings based on these penal norms against state organs have not yet become known.

Tibetans are exempt from the "one-child policy" and claims vary between requiring two children (or three if the other two girls or disabled) and not having any birth restrictions.

At 45.7%, the proportion of (partially) illiterate people in the People's Republic of China is nowhere as high as in Tibet. Many rural schools are insufficiently funded, although national policy should encourage participation. Free education for children in rural areas is supported. In addition, it is widespread that children simply do not go to school, although there is a promotion of nine years of compulsory education with six years of elementary school and three years of junior middle school.

Ideally, students receive lessons in their mother tongue and Chinese from elementary school. In practice, teaching the minority language is only offered in areas with a high minority proportion of the population and only if the language has an official status, such as Korean, Uighur, Tibetan, Mongolian, Yi and Dai.

The exclusive use of the Chinese language is a legal and administrative regulation of China, this must be applied in official and legal matters. The schools are instructed to teach Chinese. The Tibetan language is subject to discrimination in schools and in the workplace. Tibetans are being forced to write, speak, and study in the Chinese language.

The Chinese government is only trying to bring about rapid economic growth in order to raise the standard of living of the people, on the assumption that the Tibetan people will then be ready to join the People's Republic of China because of their prosperity. The Tibetan culture poses a threat to China, so China does not tolerate separatist movements and takes action against it with all severity.

Since 2007, repression in Tibet has worsened despite talks held between the Dalai Lama's envoys and the government in Beijing. The Chinese authorities act with a flood of political campaigns, ordinances and edicts in the most varied of areas and there was an intensification of state control of the Tibetans and thus blatant encroachments on human rights and fundamental freedoms.

Despite some improvements and economic development, the Tibetan cultural heritage is at risk. There are massive restrictions on the practice of religion, the situation in the education sector and in the health system in rural areas is catastrophic. There are also serious human rights violations, such as extrajudicial killings, torture and forced confessions, arrests, house arrest and surveillance of dissidents and the imposition of forced labor.

The government is monitoring, harassing and detaining journalists, writers, activists and human rights lawyers and their families. The party and the state exercise strict political control over the courts and judges.

Demands for autonomy and oppositional expressions of opinion are massively pursued. The laws for the protection of the state and its unity offer extensive scope for this. The Chinese are known to use torture as an instrument of "state control" over Tibetans in order to obtain guilty guilt for allegedly subversive activity. Tibetans are arrested and tortured for talking to foreigners, singing patriotic songs, or in possession of photos of the Dalai Lama. Unpopular criticism, especially when it is disseminated through leaflets or electronic media, is repeatedly viewed as subversion or a threat to state security, and is persecuted and punished with draconian punishment.

Censorship and media control are carried out on the one hand by the responsible authorities, on the party level by the propaganda department of the Central Committee of the KPC and on the state level primarily by the General Administration for Press and Publication (GAPP) and the State Administration for Radio Film and Television (SARFT) who issue ordinances with a high density of instructions. The intelligence system is also subject to particularly strict controls. With considerable technical and personnel effort, attempts are made to monitor the possibilities of the Internet where messages are viewed as threatening stability. The accusation of distributing unauthorized news was used particularly often as a reason for Internet forums to be closed.

The most vulnerable group in the Tibetan areas are the active political dissidents, especially those working for Tibetan independence. All those who are seen as a threat to state security or the state's promotion of separatism are exposed to long prison sentences. The charges range from espionage, bombings, distribution of leaflets for independence and possession of photos or pictures of the Dalai Lama.

Religious freedom

Article 36 of the Chinese Constitution makes a distinction between guaranteed freedom of belief and freedom of "normal" practice of religion, which must not impair public order, the health of citizens and the state education system.

All religious activities, such as holding church services, visiting churches or mosques and building religious buildings, are subject to government control and authorization. Religious activities must not run counter to government policy in other areas. They are also not allowed to question the unity of the state and must be independent of foreign influence.

In Tibet there are over 1700 monasteries and temples for Tibetan Buddhist activities with around 46,000 monks and nuns living there, four mosques with around 3,000 Muslims and a Catholic church with around 700 Catholics.

There is unanimous report of the unbroken individual religiosity of the Buddhist Tibetans. Tibet is considered to be the center of Tibetan Buddhism known as Vajrayana. The four most important schools of Buddhism in Tibet are Nyingma, Kagyupa, Sakya and Gelukpa. The Gelukpa is the most important Buddhist school with the Dalai Lama as its head.

For the Gelukpas in particular, a period of 20-30 years of study is required so that the degree of Geshe (translated as Doctor of Divinity) can be achieved. After attaining this degree, the Geshes are authorized to teach and perform ceremonies. Monks said they had limited time to study as much of their time was indoctrinated into "patriotic reeducation". These re-education classes are compulsory for all monks and nuns. Many of the leading monks are in prison or in exile, so there is a lack of qualified teachers and financial resources to acquire literature. All monks must show their loyalty - at least externally exercised - to the People's Republic of China. The security forces suspect monks if they try to spend more time studying Buddhism.

Official visitors to accessible religious institutions are allowed to practice their religion, albeit in a controlled manner. However, significant structural impediments to Lamaism remain.

According to official figures, there is no limit to the number of monks who live in the monasteries. Each monastery administration - Democratic Management Committee, (DMC) - can decide the number of its monks independently. In fact, especially in the Tibet Autonomous Region, these monastery administrations are controlled by the government, which imposes strict limits on the number of monks. The government uses the DMCs and the local government office for religious affairs to oversee the monasteries and their management. In some monasteries, government officials are even members of the DMCs.

The obligatory patriotic education of the monks is of great importance for the Chinese rulers. The head of the monastery has the primary responsibility for the political education of the monks. Since 2007 the Chinese government has intensified its efforts to fight Tibetan activists. The patriotic re-education trainings in the monasteries of Tibet are restrictive and carried out by government officials. In July 2005, 18 monks from Sera Monastery in Lhasa were detained for refusing to attend patriotic education training, and 40 nuns from Gyarak Monastery in October for similar reasons. In November 2005, five monks from Drepung Monastery in Lhasa were arrested after they and several other monks refused to give up their allegiance to the Dalai Lama. Since the riots in spring 2008, another 42 monks at Drepung Monastery have been sentenced to between two and fifteen years in prison.

The Chinese government has admitted that more than 100 Tibetan Buddhist monks and nuns are being held. Tibetan human rights groups claim that these detainees suffer torture and other ill-treatment.

In general, it is not illegal to own pictures of the Dalai Lama, but it is illegal to distribute or display them. In practice, however, security authorities use the possession of such photos as evidence of separatist attitudes or as incitement to separatist activities in order to imprison people. Article 34 of the TAR Regulation on Measures to Implement the Regulations on Religious Affairs states that "clergymen and religious citizens are not permitted to read books, pictures or other materials that endanger the unity of nationalities or the security of the state to evict". Photos or books of the Dalai Lama fall into this category. Pictures of the Dalai Lama are not openly displayed in the monasteries and cannot be purchased. A former monk, Sonam Gyalpo, was sentenced to 12 years in prison in mid-2006 for "endangering state security" after videos of the Dalai Lama were found in his home.

The government also bans photos showing the Panchen Lama Gendun Choekyi Nyima, chosen by the Dalai Lama. The Chinese government has repeatedly rejected international requests for permission to visit from the Panchen Lama Gendun Choekyi Nyima. According to government officials, this is guarded and monitored for its own safety.

Photos of the pro-government Panchen Lama Gyaltsen Norbu are also not shown publicly because most Tibetans reject him as a Panchen Lama. In recent years, Gyaltsen Norbu has emphasized the importance of loyalty to the communist government at public ceremonies, thereby supporting the government in its official version of Tibetan history.

With new administrative regulations that came into force on September 1, 2007, the central government is now claiming the sole right outside the Tibetan Autonomous Region to decide on the appointment of Buddhist dignitaries (tulku or "living Buddhas"). With these measures, the Chinese government is specifically aiming to further weaken the authority of recognized religious leaders of Tibetan Buddhism.

The monasteries are subject to the strictest guarding. In 2001, the Tashilhünpo monastery with 73 monks was monitored by 22 Chinese security forces. Other monasteries have military bases in the immediate vicinity and all religious activities are strictly controlled. Monks and nuns are often at the forefront of anti-Chinese demonstrations that the Chinese government deeply distrusts them. Monks are routinely asked to sign declarations of affiliation with the Communist Party of the People's Republic of China and their renunciation of the Dalai Lama.

Fearing new unrest, China is tightening the religious persecution of Buddhist monks and nuns and the surveillance of Buddhist monasteries in Tibet. In January 2009, several monks had already been arrested or sentenced to prison terms. It was ordered that religious holidays be celebrated before the traditional calendar date in order to prevent any public protest. The 27-year-old monk Lobsang Kirti from the Ngaba Kirti monastery was arrested on January 15, 2009 in a copy shop. He is accused of illegally distributing posters calling for people to ignore the orders of the Chinese authorities and to celebrate religious festivals on traditionally scheduled dates. The Kirti Monastery was also prohibited from holding the annual Janggun-Choe-Chemno religious debate.

Many nuns and monks demonstrated against China's rule in Tibet in the spring of 2008. In the bloody crackdown on the protests, 219 Tibetans were killed, 1,294 injured and 5,600 Tibetans arrested.

Security situation

The anti-China protests, led by Buddhist monks, began in Lhasa on March 10, marking the 49th anniversary of the Chinese invasion of Tibet. The rioting escalated and China said at least 19 people were killed by rioters. Tibetans living in exile, however, claim that nearly 100 people were killed by Chinese security forces. The unrest had spread to other places as well as monasteries in Gansu and Qinghai provinces. Shots are also said to have been fired in Gansu.

17 people were detained for taking part in the rioting in the capital, Lhasa. According to Chinese state media, they could face a sentence of three years up to the death penalty.

The Chinese government accused the Dalai Lama of inciting unrest because, they claim, he wanted to sabotage the Beijing Olympics in order to promote a demand for Tibetan independence. The Dalai Lama emphatically denies this.

Tibet and the surrounding provinces where the protests took place have been closed to foreigners.

Serious human rights violations increased in the Tibet Autonomous Region and in the Tibetan areas of neighboring provinces. In connection with the police and military crackdown on Tibetan demonstrators, the right to freedom of expression, association and assembly is not guaranteed. The protests escalated and Tibetan protesters attacked people believing they were Han Chinese. Chinese security forces reportedly used unnecessary and excessive use of force, including extrajudicial killings, arbitrary arrests and intimidation.

More than 5,000 Tibetans have been arrested by the Chinese police. More than a thousand detainees were ill-treated and tortured while in detention. After their release, many are in a traumatized state due to these brutal attacks. Chinese officials have been indoctrinated into viewing torture as a legitimate means of forcing the "subversive elements of this counter-revolution" to testify and then indicting them of "endangering national security." Chinese officials have subsequently issued statements that Tibetans have confessed to their crimes. Tibetans are arrested and tortured for talking to foreigners, singing patriotic songs, holding photos of the Dalai Lama, etc. The monasteries were surrounded by military forces after the unrest and closely monitored by the Chinese police. The situation within Tibet is very tense.

China's new CCP Party secretary in Tibet is Zhang Qingli, who is leading a campaign to undo the allegiance of Tibetan government officials to the Dalai Lama. Tibetan government officials of all ranks have been banned from participating in religious ceremonies in temples or monasteries. In the past, only party members were asked to renounce their beliefs and become an atheist. However, many have kept their Buddhist beliefs in secret. Patriotic education campaigns in those monasteries that led the anti-Chinese protests were expanded. Ethnic Tibetan officials in Lhasa and the surrounding rural districts were asked to write critical letters about the Dalai Lama.

There are also arrests of young people, such as a 16-year-old Tibetan girl in Karze (Ganzi), Sichuan Province, who distributed leaflets for Tibet's independence. On March 9, 2007, a local businessman was arrested and sentenced to three years for finding banned CDs containing Dalai Lama teachings in his home. On March 21, 2007, Chinese police arrested people who were attending a religious ceremony.

On May 9, 2007, Chinese security forces arrested 32 monks from Ratoe Monastery in Tibet. The monks staged a large peaceful protest on March 14, 2007 in Nyethang Township, Chushul County, Tibet. On August 1, 2007, the Tibetan nomad Runggye Ad (r) ak was arrested in Litang / Sichuan after he publicly called for the return of the Dalai Lama to Tibet and for the release of the kidnapped Panchen Lama and the imprisoned at a local event Lama Tenzin Delek had entered. His arrest sparked demonstrations. Radio Free Asia announced on November 2, 2007 that it had been convicted of subversive activities, but that the verdict had not yet been pronounced.

Beijing continues to accuse the exiled Dalai Lama of promoting Tibet's independence under the guise of pursuing religious goals.

The Chinese authorities and security forces began a massive campaign against the Tibetan people on January 18, 2009, fearing new unrest on the 50th anniversary of the March 1959 uprising. With arbitrary arrests, falsified charges and intimidation, the Chinese rulers are trying to deter Tibetans from demonstrations and protests.

Official information on the number of Tibetan political prisoners, especially monks and nuns, is not available.

International human rights organizations put the number of political prisoners in Tibet this year at 95.67 percent, of which a majority are around 80% monks and nuns. Of the 119 known Tibetan political prisoners, 43 have been sentenced to more than ten years.

Returnees situation - freedom of movement

It is reported that Tibetans who are stopped and detained on their return from India or Nepal are punished more severely than those attempting to leave illegally. However, another report states that the typical penalty for illegal entry is three to five months in addition to a fine of 1,700-5,000 yuan (US $ 212-625).

Tibetans continue to face significant difficulties and obstacles when traveling to India for religious, educational, and other purposes. The Chinese government restricts the freedom of movement of Tibetans during the sensitive festivals and events and increases controls in the border areas at these times. There have been reports of arbitrary detention of people, particularly monks, returning from Nepal. Detentions typically last for several months, although in most cases no formal charges have been brought. Border guards continue to use force to prevent unauthorized border crossings.

Every year several thousand Tibetans flee across the border to Nepal and on to India for religious reasons. Not all of them achieve their goal, because the Chinese authorities are trying the illegal cross-border commuters - e. T. by all means - to keep them from their project. On September 30, 2006, Chinese border guards opened fire on a group of over 70 unarmed Tibetan border crossers near the Nangpa Pass. A 17-year-old nun was killed and there was at least one other injured and multiple arrests. A group of people, including nine children, were taken away by the border guards with an unknown destination.

On November 1, 2006, there was another incident of a similar nature, whereby there is no evidence of injuries. However, several arrests were made again. The Chinese Foreign Ministry denied the incident on the same day.

According to the local UNHCR office, returning deportees do not have to expect any particular disadvantages. Members of the Tibetan minority are, however, subject to a "closer examination" by the authorities. Opposition activity abroad can cause problems if the authorities believe that "crimes against national security" (such as the betrayal of state secrets) have been committed. All measures taken by the Chinese government against so-called "illegal religious and political groups" are classified as state secrets. Anyone who tries to inform other countries of this can face charges of "endangering the state" through the disclosure of state secrets. There are no particular problems when applying for asylum abroad, provided there is no suspicion of opposition activity.

If the independence of Tibet from China is actively and publicly advocated abroad, e.g. in the form of demonstrations, the responsible Chinese authorities believe that a crime against "national security" has been committed and will be prosecuted in China. These acts are sanctioned under Article 103 of the Chinese Criminal Code with a penalty of up to 10 years and can be prosecuted upon return to China. Whether persecution will be refrained from in individual cases depends on the exact circumstances of the individual case (e.g. safe conduct in exchange for refraining from any political activity in China).

Political persecution of those who peacefully advocate changing the constitutional and political status quo in Tibet is common. As a rule, the fight against terrorism is also used here as a pretext to prevent peaceful religious practice.

To commemorate the 48th anniversary of the popular uprising in Tibet, which was bloodily suppressed by the Chinese army, the Tibetan flag waved in more than 160 Austrian cities and towns on March 10, 2008, as the aid organization "Save Tibet" announced in a broadcast. In Vienna a march led from the Chinese embassy to parliament and then to Ballhausplatz and Stock-im-Eisen-Platz to draw attention to the resistance of the Tibetan people.

On March 21, 2008, a rally took place in Vienna on Schwarzenbergplatz with increased security precautions, after which the demonstrators marched towards the opera with chants such as "Stop Genocide" and "China - Out of Tibet". Meanwhile, the crowd increased, so that, according to the police, around 150 people attended the peaceful rally in front of the opera.

On June 27, 2008 a demonstration (chain of lights) for solidarity with the Tibetan people in Tibet was held at Michaelerplatz in Vienna. This was directed against the "policies of repression in Tibet and Burma", chanted for "indivisible human rights for all" and "against the misuse of the Olympic torch for propaganda purposes".

These statements are based on the following reports, which were introduced into the procedure:

AA - Report on the asylum and deportation-relevant situation in the People's Republic of China (status: February 2008) v. 03/18/2008;

AA - Information to the VG Regensburg Number: RN 11 K 06.30224

v. 01/24/2008;

APA, Tibetan flags in more than 160 communities in Austria v. 03/10/2007;

APA, After incident: Peaceful Tibet demonstration with increased police presence v. 03/21/2008;

APA, light chain of pro-Tibetan associations in Vienna v. 06/27/2008;

Erich Bertschi, Federal Office for Migration FOM and MILA / Migration and Country Analysis, Focus China, Detention in Tibet v. 09/29/2006;

France 24, China investigates thousands in Tibet: rights group v. January 28, 2009 (http: //

www.france24.com/en/20090128-china-investigates-thousands-tibet-rights-group, accessed on January 28, 2009);

Society for Threatened Peoples, persecution of Buddhist monks in Tibet continues, China fears new unrest in Tibet, v. January 20, 2009 (http://www.gfbv.it/2c-stampa/2009/090120de.html, accessed on January 22, 2009);

Home Office UK Border Agency, Country of Origin Information Report China v. 06/01/2008;

ÖB Beijing, country report China v. 05/21/2007;

ÖB Beijing, country report China, additional questions from 05/21/2007;

Tibetan Community in Switzerland & Liechtenstein (http: //www.tibetswiss

.com / de / exilregierung / tibetisch_exilregierung_geschichte.html, accessed on December 15, 2008);

U.S. Department of State, International Religious Freedom Report 2008 China v. 09/19/2008;

Zeit online, Tagesspiegel, dpa March 17, 2008 (http://www.zeit.de/online/2008/12/tibet-unruhen-olympia, accessed on December 15, 2008).

The Asylum Court has considered:

Pursuant to Section 3 (1) AsylG, an alien who has submitted an application for international protection in Austria, unless this application has to be rejected due to third-country security or the jurisdiction of another country, is granted asylum status if it is credible that he is in the country of origin Persecution within the meaning of Article 1 Section A Number 2 of the Geneva Refugee Convention threatens.

Within the meaning of Article 1, Section A, Number 2 of the Geneva Refugee Convention, a refugee is to be regarded as a person who is outside his or her home country for well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a certain social group or political convictions unable or unwilling in view of this fear to avail himself of the protection of this land.

The central aspect of the persecution in the country of origin as defined in Article 1 Section A Number 2 Geneva Refugee Convention is the well-founded fear of persecution. A fear can only be well founded if it is objectively understandable in the light of the asylum seeker's special situation, taking into account the circumstances in the persecuting state. It does not matter whether a certain person is actually afraid in a specific situation, but whether a person gifted with reason would be afraid in this situation for reasons of convention. Persecution is to be understood as an unjustified intrusion of considerable intensity into the personal sphere of the individual that is to be protected. There is considerable intensity if the interference is suitable to justify the unreasonableness of claiming the protection of the home country. The danger of persecution is closely related to well-founded fear and is the point of reference for well-founded fear. There is a risk of persecution if there is a significant likelihood of persecution; the remote possibility of persecution is not sufficient (cf. VwGH of December 6, 1999, Zl. 99/01/0279). Beyond that, only a current threat of persecution can be relevant; it must be available when the decision is issued; the prognosis inherent in the asylum decision must be based on this point in time, as to whether the asylum seeker has a significant probability to fear persecution for the reasons stated in Article 1 Section AZ 2 of the Geneva Refugee Convention (cf.VwGH October 19, 2000, 98/20 / 0233; VwGH March 9, 1999, 98/01/0318).

The risk of persecution must be attributable to the country of origin or the country of the last habitual residence. Imputability does not just mean causing, but also denotes responsibility in relation to the existing risk of persecution. Persecution is to be ascribed to the country of origin both if it is initiated directly by its organs and if the state is unable or unwilling to hold back the act of persecution emanating from other bodies (see VwGH of October 6, 1998, Zl. 96/20/0287; VwGH of July 23, 1999, Zl. 99/20/0208).

From the established facts, in accordance with the country findings, the complainant has to reckon with a picture of the Dalai Lama or the Panchen Lama in the event of a return to the PRC with asylum-related persecution by the Chinese authorities due to the distribution of followers .

For these reasons, even taking into account the country reports, the complainant does not have a domestic alternative to escape. In this context, it should also be noted that relatives of the Tibetan minority returning to the PRC are subject to a detailed review by the Chinese authorities (see country findings: return situation - freedom of movement).

According to Section 3 (5) AsylG, the decision by which an alien is granted the status of person entitled to asylum ex officio or on the basis of an application for international protection must be combined with the determination that this alien is thereby legally entitled to refugee status.

It had to be decided according to the ruling.

The procedure was to be carried out in accordance with the provision of Section 75 (7) No. 2 Asylum Act 2005, Federal Law Gazette I No. 100/2005 as amended, and the provision of Section 23 Asylum Court Act as amended in BGBl. I No. 147/2008.