E/CN.4/1995/31/Add.3
page 9
(vi)
(vii)
(viii)
Date when the trial began;
Was he defended by a Jabmi or did he defend himself;
Date of conviction;
(m)
All the above suggestions should be applied as appropriate to all
prisoners in all jails within Bhutan.
IV.
RESPONSE OF THE ROYAL GOVERNMENT OF BHUTAN
24.
It is significant to note that the Home Minister of the Royal Government
of Bhutan in his letter of 2 November 1994 to the Working Group stated that
the Government had already taken steps to deal with the detention of three
persons, Bukkay Kami, Tomba Yairpok and Krishna Rasaily, whose detention was
brought to the notice of the appropriate authorities. Regarding the situation
relating to detainees under the National Security Act, 1992, the Minister
stated the following:
"Anti-national Detention:
(i)
As you are aware there are 51 anti-national cases filed before the
High Court and 61 detainees are still under detention awaiting
appearance before the court. The High Court also has a staggering
number of common law cases which it has to process.
(ii)
I am now happy to inform you that the matter was brought to the
attention of the Lhengyel Shungtshog (Cabinet), on the instruction
of His Majesty the King, by the Chief Justice of the High Court on
31 October 1994. Under the chairmanship of His Majesty the King,
the Cabinet has been pleased to decide that anti-national cases
should receive priority and as many cases as possible should be
expedited. The Chief Justice apprised the Cabinet that all
existing common law cases registered in the High Court would have
to be on recess and registration of new cases would have to be
suspended if the anti-national cases are to be expedited. The
Chief Justice also apprised the Cabinet that suspending cases that
have already been registered in the High Court and not accepting
new cases is in contravention of the Thrimshung Chenpo (the Law of
the Land). His Majesty instructed the Chief Justice to set aside
all common law cases for a period of six months and concentrate on
expediting the trial of anti-national cases."
25.
The contents of the letter clearly demonstrate the sincere efforts made
by the Bhutanese authorities to remedy the situation of those being prosecuted
under the National Security Act, 1992. The Working Group notes with
appreciation the stated intention of the Royal Government of Bhutan to deal
effectively with the issues that were brought to its notice. The Working
Group further appreciates the gesture of the Royal Government of Bhutan in
extending an invitation to the Group for a follow-up mission to note the
progress on the implementation of the suggestions made by the Group during