The House of Punishment
The structure and ethos of Bhutan's judiciary are based on 17th century codes laid down by the country's unifier, Shabdrung Ngawang Namgyal, and the traditional practices of serfdom that existed in the country until 1907. Even though the codes were revised during 1953-57 by the National Assembly, they are not in the spirit of the Universal Declaration of Human Rights, the international covenants on civil and political rights, nor any of, other international juridical standards essential for the protection of citizens in a contemporary nation-state.
A court in Bhutan is called "Thrimkhang", literally, 'house of punishments'. As the travails of Tek Nath Rizal indicate, the court does indeed dispense only punishment, not justice. As there is no written constitution to guide the judiciary, there is minimal protection for those accused of political offenses.
The judiciary was supposedly separated from the executive in 1968. Functionally, this has not happened. The judges, appointed by and accountable only to the King, are themselves responsible for all aspects of the case, including investigations, filing of charges, prosecution, and judgement. There is no provision for jury trial or the right to a court-appointed defence attorney. Nor does the system provide for lawyers or solicitors. There are only legal representatives, known as jabtaz, who find it extremely difficult to defend the accused under the restrictive laws.
Bhutan Government's education setup discourages students from taking up studies in law, and as a result there is not a single Bhutanese today who is professionally qualified to practice it. The only law graduate in Bhutan, Subarna Lama, is now a Deputy Secretary in the Ministry of Trade and Industry.
None of the sitting judges in the High Court who handed down the life imprisonment on Tek Nath Rizal can be said to have any hold over the principles of jurisprudence. Not only are these judges tragically incompetent on matters of law, they also lack the sense of service and commitment so necessary among those dispensing justice to provide effective remedy for acts that violate the rights of Bhutanese citizens. When someone is accused of a political offense, the learned judges take it for granted that he is guilty.
A glance at the background of the seven of the sitting judges in the High Court in Thimphu, may throw light on how the cards are stacked up against a political prisoner like Rizal.
Sonam Tobgye, Chief Justice — high school graduate
D.N.Katwal — an eighth grader, former Director of Posts and Telegraphs
Karma Dorji Sherpa – a medical dropout and former Dzondag (District Officer).
K.B. Ghaley – an eighth grader, a teacher, a former Gup (Village Headman)
Dr. T. Yonten – a physician
Chagay – an eighth grader
Nanigay – a former non commissioned officer in the Royal Bhutan Army
This, then, is the lineup of individuals who, in a counrtry that seeks to join the community of nations as an equal, in the name of the Tsa-wa-sum, sentenced Tek Nath Rizal to life imprisonment for treason on 16 November 1993.