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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