E/CN.4/1995/31/Add.3 page 17 10. For these allegedly treasonable activities, Tek Nath Rizal and others were extradited from Nepal in November 1989. The Government admitted in its reply that Tek Nath Rizal, along with others, was in police custody, but stated that he was being well looked after with full access to medical attention. 11. The Government’s position was that the acts attributed to Tek Nath Rizal constituted serious offences under the Bhutanese Law of Treason. According to the Government, Tek Nath Rizal had not been tried in a court of law for the simple reason that offences committed by him might have attracted capital punishment, which is mandatory for all treasonable offences, and that it would be extremely difficult to pardon him once the judicial processes were carried out and he was convicted. The Government indicated that His Majesty may exercise his royal prerogative and grant amnesty, in the near future, to Tek Nath Rizal and others. 12. Subsequently, on 26 June 1991, the Working Group sought a clarification from the Government of Bhutan, when the source referred to a statement attributed to the Government that Tek Nath Rizal was to be brought to trial in connection with his anti-national activities. This statement was apparently at variance with the communication of 11 December 1991 and subsequent communications of the Government of Bhutan wherein it was suggested that Tek Nath Rizal was likely to be granted amnesty. The Government of Bhutan confirmed in its letter of 11 August 1992 that Tek Nath Rizal "will be undergoing a fair and impartial trial under Bhutanese law". 13. Tek Nath Rizal was ultimately tried for violating various articles under the National Security Act, 1992 and a judgement was rendered in his case by the High Court on 16 November 1993 in the terms of which he was sentenced to life imprisonment. A perusal of the judgement of the High Court, a copy of which was forwarded to the Working Group, shows that Tek Nath Rizal was tried for the following nine charges: "1. Tek Nath Rizal violated the undertaking he had signed on 7 June 1988, in the presence of two High Court judges, that he would not indulge in any further activities harmful to the Tsa-Wa-Sum (King, Country, People) or participate in any gathering of more than three persons. Instead he absconded from the country and embarked on an all-out effort to incite rebellion against the Tsa-Wa-Sum (King, Country, People) in southern Bhutan, thus violating article 4 of the National Security Act, 1992. "2. Tek Nath Rizal sought the help of political parties in Nepal and Nepalese political leaders in the Duars to overthrow the legitimate and established Government in Bhutan, thus violating article 6 of the National Security Act, 1992. "3. Tek Nath Rizal, in order to gain the support of the Governments and political parties in Nepal and India, maligned the Royal Government and attempted to create misunderstandings between the Royal Government and the peoples and Governments of the two countries. He spread lies that

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