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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