CASE N° BHU/01 - TEK NATH RIZAL - BHUTAN

Resolution adopted without a vote by the Inter-Parliamentary Council
at its 165th session (Berlin, 16 October 1999)

The Inter-Parliamentary Council,

Having before it the case of Mr. Tek Nath Rizal, of Bhutan, which has been the subject of a study and report of the Committee on the Human Rights of Parliamentarians in accordance with the "Procedure for the examination and treatment by the Inter-Parliamentary Union of communications concerning violations of human rights of parliamentarians",

Taking note of the report of the Committee on the Human Rights of Parliamentarians (CL/165/12(b)-R.1), which contains a detailed outline of the case,

Considering that the case of Mr. Tek Nath Rizal, of Bhutan, has been receiving attention from the Committee on the Human Rights of Parliamentarians for some 21 sessions,

Considering that Mr. Tek Nath Rizal, a member of the Tshogdu (National Assembly of Bhutan), was first arrested and detained in 1988 on account of his position on Bhutanese immigration and citizenship policy in southern Bhutan; that his conditions of detention at the time are the subject of deep contradictions between the Bhutanese authorities and the sources of communication; that he then went into exile in Nepal, where he was rearrested in 1989 and extradited to Bhutan; charged under the "general law of the land" (Thrimshung Chhenpo) and the National Security Act 1992 with organising a campaign of civil disobedience accompanied by acts of violence and terrorist activities, he was sentenced to life imprisonment on 16 November 1993; that the sources allege that the trial was flawed by irregularities; that, three days after the announcement of the verdict, the King announced by decree that Mr. Rizal would be granted a pardon once the Governments of Nepal and Bhutan had resolved the problem of the southern Bhutanese living in refugee camps in Nepal; that, six years later, the refugee problem is far from being settled, as evidenced by many communications conveyed by the Bhutanese authorities on this issue, so that Mr. Rizal cannot expect a pardon in the near future,

Noting that, on the basis of direct observations, the sources report that Mr. Rizal now suffers from serious mental disorders which alone justify his release in accordance with international norms pertaining to detainees; that this information was confirmed by other independent sources; that, however, the authorities assert that he is by no means insane,

1. Expresses deep concern at the reports received from different independent sources that Mr. Tek Nath Rizal is suffering from a mental illness requiring medical attention and treatment;
2. Notes that Mr. Tek Nath Rizal has now been in prison for 10 years; also notes the willingness shown by His Majesty the King immediately after the sentence handed down on Mr. Tek Nath Rizal to grant him pardon once the refugee problem was settled; firmly believes that the intention of His Majesty to grant pardon, albeit conditionally, is based on strong reasons;
3. Calls therefore on the Bhutanese authorities to release Tek Nath Rizal on humanitarian grounds or, at the very least, to admit an international independent expert to examine Mr. Rizal's state of health;
4. Earnestly hopes that the Bhutanese authorities will heed this appeal from the international parliamentary community;
5. Requests the Secretary General to convey this decision to the Speaker of the Tshogdu;
6. Requests the Committee on the Human Rights of Parliamentarians to continue examining this case and report to it at its next session (April-May 2000).

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