AHRC UA0820 India/Bhutan 20 August 1997
ASIAN HUMAN RIGHTS COMMISSION URGENT APPEAL

18 April 1997 Rongthong Kunley Dorji, the founder of the Druk National Congress (DNC), set up in exile in Nepal, is detained in India where he is opposing extradition to Bhutan. 18 May 1991, Dorji was arresed on charges of treason in Bhutan. He was tortured by members of the Royal Bhutan Bodyguards and released after 70 days.

25 April 1997 The Delhi High Court directed the Indian government to ensure that proper living conditions are provided for Dorji, whose movements had been restricted. The Court revealed that Dorji was detained on the request of the Royal Government of Bhutan for his extradition.

2 June 1997 The Court remanded Dorji into jurdical custody at Tihar jail and awaits trial for extradiction. Dorji can be remanded for a maximum period of two months. The application for his bail on 3 June 1997 was rejected under section 34B of Extradition Act as there is no provision for bail. If Dorji is extradited to Bhutan he will be prosecuted under the National Security Act 1992 and faces life imprisonment or the the death penalty.

14 August 1997 16 people including Human Rights activists were arrested in New Delhi, India as they were on the way to the Indian Embassy for a twenty-four hour fast to demand the release of Rongthong Kuenlay Dorj.

BACKGROUND INFORMATION: Some 87,000, mostly Nepali speaking, refugees from Bhutan are currently in refugee camps in eastern Nepal and 15,000 others are dispersed in the neighbouring areas of Nepal and India, totalling about 1/6 of the 600,000 people populating Bhutan. They were forced to leave the country in the early 1990's after a policy of 'national integration' effectively rendered them stateless.

The Bhutanese policy of enforcing Drukpa traditions and culture, led to a campaign of suppression of Nepali cultural expression in Bhutan beginning from 1990, revocation of citizenship and intimidation, arrests and sometimes torture of ethnic Nepalese, resulting in a large scale exodus to Nepal. Over the last six years talks between Nepal and Bhutan have failed to resolve their situation, even though many of the refugees carry valid citizenship and property documents.

In 1989, Tek Nath Rizal formed the People's Forum for Human Rights, Bhutan (PFHRB)while in exile in Nepal. Rizal is a former member of the National Assembly, and in 1985 was the chairperson of the Royal Advisory Council from south Bhutan. In November 1989, Rizal was abducted from Jhapa, Nepal to Bhutan and in November 1993 sentenced to life imprisonment. 16 November 1993, Tek Nath Rizal was sentenced to life imprisonment. But he was granted a conditional pardon by the King Singye Wingchuk three days later: he will be released when the Government of Nepal and Bhutan resolve the issue of Bhutanese refugees living in Nepal. January 94, Rizal is transfered from Thimphu Central prison to Chemgang prison.

PEACE MARCHES: On 14 January 1996, 150 Bhutanese refugees began a peace march back to Bhutan with the goal of meeting the king of Bhutan to persuade him to resolve the situation. On 16 January 1996, these refugees attempted to cross into India. They were met at the border by Indian security forces and a barricade over the bridge which serves as the border and told they could not continue. On 17 January 1996, the marchers were arrested and taken to a prison in West Bengal, India. They were charged under Indian Penal Code 144 prohibiting public gatherings. This law was put in force in anticipation of the marchers. The marchers were given the option of release if they agreed to sign a personal bond promising to stop violating the peace in India. They all refused to sign. The legality of their detention continues to be challenged. Most of them were later released.

LATEST DEVELOPMENT: 24 April 1997, Kathmandu, police arrested 56 human rights activists and Bhutanese refugees protesting at the Indian Embassy for "obstructing the road." They were later released.

30 April 1997, 9 of the 26 Bhutanese refugees who undertook Indefinite Fasting since 26 April 1997, at Bhadrakali, Kathmandu were arrested by Nepal Police. The 9 persons' health had become critical. The refugees were on Indefinite Fasting to call the attention of the Royal Government of Nepal and the international community to intervene on the Indefinite Fasting undertaken by the Bhutanese human rights leader Mr. Tek Nath Rizal in Chamgang prison in Bhutan since 15 April 1997. The refugee community had requested the Bhutanese authorities to initiate dialogue between the Bhutanese king and Tek Nath Rizal.

PLEASE SEND POLITE PROTEST LETTERS: to the Indian Government: - expressing alarm on the detention of Dorji and to stop his extradition to Bhutan - urging the unconditional release of Dorji

1. President K. R. Narayan, Office of President, Rashtrapati Bhavan, New Delhi 110 00, India. Fax: 91 11 301 7290

2. Mr. Indrajit Gupta, Minister of Home Affairs, Ministry of Home Affairs, North Block, New Delhi 110 001, India. Fax: 91 11 301 5750

3. Hon. Mr. J. S. Verma, Chief Justice of the Supreme Court of India, Supreme Court, Tilak Marg, New Delhi 110 001, India. Fax: 91 11 338 3792

4. The Diplomatic representative of India accredited to your country