E/CN.4/1995/31/Add.3
page 19
the charge of having sought the help of several political parties
in Nepal and Nepalese political leaders in India to carry out
anti-government activities.
"Rizal was sentenced to six years in prison on charge 3 for
violating article 8 of the National Security Act, 1992. He admitted to
the charge of attempting to create misunderstandings between Bhutan and
the Governments and peoples of India and Nepal. Rizal admitted that he
had written the booklet ’Bhutan Hamro Manv Adhikar Khoye’ with the help
of Sushil Kumar Pokhrel in which he had accused the Royal Government of
persecuting Hindus and Indian nationals in Bhutan.
"Rizal was sentenced to three years in prison on charge 5 for
violating article 5 of the National Security Act, 1992. He admitted to
having written the booklet ’Bhutan Hamro Manav Adhikar Khoye’ which
contained falsehoods and baseless allegations aimed at sowing communal
discord, not only between the northern and southern Bhutanese, but also
between other ethnic communities of the Kingdom.
"Rizal was sentenced to life imprisonment on charge 7 for violating
article 4 of the National Security Act, 1992. It was proved conclusively
that he initiated, directed and carried out activities harmful to the
Tsa-Wa-Sum."
16.
Having noted the contents of the judgement rendered by the High Court it
is clear that the source was not aware at the time of the communication of the
various activities for which Tek Nath Rizal was arrested and ultimately tried.
A perusal of the judgement also reveals that Tek Nath Rizal’s trial lasted
10 months and was apparently just and impartial. The case was heard by the
full bench of nine judges in open court with the public being permitted to
attend the hearings. Rizal was given adequate time and opportunity to defend
himself. Thirty-three hearings were held, and a total of 15 witnesses and
a large number of documents were produced in court. All the 15 witnesses
were southern Bhutanese of Nepalese origin, most of whom were erstwhile
collaborators of Rizal who had come forward to give evidence against him.
All evidence, written and spoken, was translated into Nepalese for the benefit
of Rizal as required by the law.
17.
It may also be noted that on 19 November 1993, His Majesty the King of
Bhutan exercised his prerogative and issued a Royal Decree in the terms of
which the prison sentences awarded to Tek Nath Rizal by the High Court were
commuted and Tek Nath Rizal would be granted Royal Pardon and released from
prison once the problem of refugees in camps in Nepal was amicably resolved
between Bhutan and Nepal.
18.
The Working Group believes that it cannot question the findings of
the High Court in respect of the activities of Tek Nath Rizal which have
been found to be proved. Sowing communal discord between the northern and
southern Bhutanese and also between ethnic communities of the Kingdom of
Bhutan is an offence under the National Security Act, 1992. It is also in
evidence that Tek Nath Rizal organized meetings at Kakarbitta, Nepal and
conspired with others to achieve his ends by violent and non-violent means for
which purpose he authorized the collection of funds through threats or use of
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