From South Asian Human Rights Documentation Centre A/106 Kaushalya Park, Hauz Khas New Delhi - 110 016, India Phone: +91-11-686-5736 & +91-11-685-9622 Fax: +91-11-686-5736 E-Mail: SADC@UNV.ERNET.IN ------------------ACTION ALERT-------------------- 10 January 1996 Over 200 Bhutanese refugees in detention in West Bengal South Asia Human Rights Documentation Center (SAHRDC) is concerned about the detention of over 200 Bhutanese refugees belonging to the Bhutanese Coalition for the Democratic Movement (BCDM). Around 95 refugees were arrested by the West Bengal Police on 3 January 1996 and were remanded to judicial custody for 15 days. Another 100 activists of the BCDM were taken into custody on 6 January 1996 and subsequently. Around 100,000 Bhutanese subjects of ethnic Nepali origin took refuge in Eastern Nepal and the Indian States of West Bengal and Assam since 1990. The refugee fled to escape atrocities of the Royal Bhutanese Army and the policy of cultural cleansing of the ethnic Nepalis through imposition of Driglam Namzha (literally, Bhutanese way of life) by the ruling Drukpas of Bhutan. The conflict between the ethnic Nepalese and ruling Drukpas escalated after the Royal Government of Bhutan started its 1988 Census. This census was conducted ostensibly to weed out illegal immigrants of ethnic Nepali origin. The BCDM, an alliance of human rights groups and political partied of Bhutanese refugees in exile was formed in late 1995 to press their demands for early repatriation and democracy in Bhutan. On 31 December 1995, the BCDM announced a plan to organize a cycle rally from Panitanki near Nexalbari to Jaigoan in the Indian State of West Bengal, Near Phuntsholing, the second largest town in Bhutan on 3 January 1996. On 2 January 1996, the West Bengal Government imposed prohibitory orders under Section 144 in Siliguri sub-division for an indefinite period. Although, the members of the Student Union of Bhutan (SUB), Youth Organization of Bhutan (YOB) and Democratic Youth of Bhutan (DYB) were scheduled to start their cycle rally on 3 January 1996, 17 cyclists were arrested on 2 January 1996 at Panitanki, an Indian town on the India/Nepal Border by the Indian police. They were later released after half an hour. Some cyclists managed to reach Bagdogra, an Indian town by 8 pm on 2 January 1996. Around 80 cyclists were arrested by Indian Police at 1 pm on the 3 January 1996 when they started their scheduled rally and were deported to Nepal. When these cyclists made a second attempt at 1:15 pm on 3 January 1996 to cross the Panitanki border check post, they were arrested again by Indian Police and taken into custody. They were taken to Siliguri and produced before the Sub-Divisional Magistrate's court. Two of the cyclists, Mr Shivlal Adhikari and Mr Gananeth Bharati fell ill and were hospitalized. When the defense lawyers contended that the detention of the refugees was illegal as procedure of arrest was wrong, the judge stated that the nature of the arrest could be ascertained only after the submission of the report by the investigating officer. The judge ordered the refugees release on personal bonds of Rs 100 each or judicial custody till 18 January 1995. The activists of the BCDM refused to submit bonds and demanded their unconditional release. They have been detained in Bakharakot jail in Darjeeling district. On 6 January 1996, 11 more activists of the BCDM including Mr Laxman Rai, President of Democratic Youth of Buthan (DYB), Mr Vishwanath Chhetri, President of Students Union of Bhutan (SUB) were arrested at Birpara, Doars, West Bengal. On 7 January 1996, the activists of the BCDM held rallies defying prohibitory orders under section 144 at Turibari and Mangalbari, West Bengal. According to the police, 55 activists including 12 women were arrested. Mr S B Subba, Acting Chairman of Human Rights Organization of Bhutan (HUROB) Mr R K Budathoki, President of Bhutan People's Party (BPP), Mr DNB Dhakal, General Secretary of Bhutan National Democratic Party (BNDP) were also taken into custody. However, BCDM sources claimed that 103 activists were arrested and 75 persons were taken into custody. The State Government of West Bengal deployed the para-military, Rapid Action Task Force in the area. West Bengal Police have been searching the houses of Indians of Nepalese ethnic origin at Jaigoan and screening all vehicles passing by obviously to arrest the members of the BCDM. Local residents at Jaigoan, especially the Nepali speaking people were not allowed to move on he road. The Communist Party of India (Marxist), the Communist Party of India, the Gorkha Students Union and Association for Protection of Democratic Rights (APDR) have called for a General Struke in Darjeeling district on 14 January 1996 against the undemocratic action of the Indian Governments and State Government of West Bengal. Please send appeals to: Mr P V Narasimha Rao Prime Minister Office of the Prime Minister South Block, New Delhi 110 011 Republic of India Phone: + 91 11 301 2312 Fax: + 91 11 301 6781 (via Ministry of Foreign Affairs) Mr Jyoti Basu Chief Minister of West Bengal Chief Minister's Office Writer's Building Calcutta-700 001 West Bengal India Tel +91 11 225 7777 Fax + 91 11 225 5480 In your communication: 1. Request that all the Bhutanese refugees arrested by West Bengal Police be released unconditionally. 2. Request that Section 144 and other prohibitory orders be lifted from Darjeeling district and that India respects the right to peaceful assembly. 3. Request that harassment of the ethnic Nepali refugees from Bhutan sheltered in Siliguri district of West Bengal be stopped. 4. Request that harassment of Nepali speaking Indian citizens at Jaigoan and other areas of Darjeeling district be stopped forthwith. Please send copies of your communications addressed to the Indian authorities to SAHRDC to enable us to keep you informed about any further developments.