APFA concerns

Press Statement

Date: January 29, 2009: Association of Press Freedom Activists (APFA) Bhutan is concerned by the increasing number of incidences in Bhutan hindering operation of free press even after the formation of a ‘democratic’ government.

Within a month of fining Bhutan Broadcasting Service Corporation (BBSC) on allegations of televising a discussion on taxi fare, Bhutan InfoCom and Media Authority (BICMA) has interrogated the journalists from Kuensel newspapers.

Kuensel journalists were summoned by the regulatory body for interrogation on charges of writing against the government interference into BBSC. The Kuensel had published an opinion piece entitled ‘The Right to Expression’ protesting the government intention of controlling the media.

BICMA officials during interrogation accused Kuensel journalists of nursing a personal agenda against it, of willfully distorting the truth as BICMA saw it, of trying to pull it down. It then sent warning letters to the media- defending its authority in which it claimed, “The penalty on the BBS was imposed as the form and manner of the panel discussion in question breached the Code of Ethics for Journalists.”

The act is intimidation upon press freedom and it clearly shows the government body is in mission to silence the media against the mandate it is given to promote free press. The authority still operates in style that used to be under absolute regime.

“The ability of media and journalists to work without fear of intimidation is a reliable indicator of a democracy’s health. That is why BICMA’s enforcement of fine on the Bhutan Broadcasting Service (BBS) was worrisome. BICMA infringed on the right to expression and free press. That is why Kuensel wrote about the issue,” Kuensel reporter Kencho Wangdi said.

As a government regulatory body, BICMA cannot prescribe bounds for press, ethics for journalists and guidelines for content generation for the media or instruct journalists how a panel discussion ought to be held.

I. P. Adhikari
President
Association of Press Freedom Activists (APFA) Bhutan
Email: editor@apfanews.com
URL: www.apfanews.com

Journalist Shantiram Acharya arrested, sentenced to seven and a half years in prison

Country/Topic: Bhutan
Date: 27 January 2009
Source: Center for Human Rights and Democratic Studies (CEHURDES)
Person(s): Shantiram Acharya
Target(s): journalist(s)
Type(s) of violation(s): arrested , imprisoned
Urgency: Flash
(CEHURDES/IFEX) - The Center for Human Rights and Democratic Studies (CEHURDES) condemns the imprisonment of Shantiram Acharya, a young Bhutani journalist, by the Bhutanese authorities.

According to the Association of Press Freedom Activists (APFA) Bhutan, an exiled Bhutanese media group based in Kathmandu, Acharya, a Bhutanese of Nepali origin who was living in the refugee camps in eastern Nepal, was arrested in 2007 when he visited Bhutan to meet his relatives. Acharya was kept in secret detention for almost two months and tortured by police to extract a confession, APFA said. Bhutanese police have claimed that he was arrested for taking photographs of an outpost of the Royal Bhutan Army. According to APFA, Acharya was convicted because he could not hire an attorney to defend him since Bhutan does not have any independent attorneys. Moreover, he had no money since he appeared in court without the knowledge of his family members.

BBC World Service recently quoted an unnamed Bhutanese official confirming that Acharya, 20, has been sentenced to seven and a half years in prison "for involving in terrorist activities" by the Royal Government of Bhutan.

Acharya used to work for the "Bhutan Reporter," a monthly newspaper published by a group of Bhutanese refugees living in Nepal. He has been sentenced by Bhutan's high court for alleged involvement in subversive activities against the Druk regime, including participating in military training in Nepal conducted by the Communist Party of Bhutan (Marxist Leninist Maoist), an armed underground organisation that is banned in Bhutan and believed to be operating from Nepal and India to end Bhutan's hereditary monarchy.

The verdict was issued despite the fact that the Communist Party of Bhutan (Marxist Leninist Maoist) has made a public statement saying that Acharya has never been a member of the party, nor has he had any links with the organisation.

According to APFA, Acharya was on a personal visit to Bhutan but was expected to report on the prison-like situation within the country in which the majority of the people live. CEHURDES believes that Acharya has been targeted and arrested because of his profession and that the Bhutan government's harsh judgment against him is part of the Druk regime's ongoing efforts to suppress freedom of expression within the country. At a time when the Bhutanese authorities are known for lavishly hosting foreign media and reporters who are willing to buy their story of Shangri-la and Gross National Happiness, the imprisonment of Acharya makes it obvious, that the regime wants to discourage other Bhutanese journalists, now living in exile in Nepal and elsewhere, from venturing into their country of birth to gather firsthand knowledge of the situation on the ground.

The South Asia Human Rights Index 2008, published by the New Delhi-based Asian Center for Human Rights (ACHR), expressly says there is no political freedom in the Himalayan kingdom and Bhutan essentially remains a repressive regime. "Bhutan does not have an independent judiciary. . . Even bureaucrats were appointed as judges of the Apex Court," the Center said. (For details, see Click Here )

Against this backdrop, CEHURDES strongly condemns the imprisonment of Acharya without a free legal trial and without recourse to independent legal counsel. International rights groups say Bhutan does not have an independent judiciary and recent elections for the legislature were a farce, with the king enjoying absolute control over all branches of the state.

CEHURDES calls upon the Royal Government of Bhutan to open the case for review and let the 20-year-old hire an independent attorney. The organisation also demands that the jailed journalist's whereabouts be made public.

Some 100,000 Bhutanese of Nepali origin have been languishing in UN-maintained refugee camps in eastern Nepal for nearly two decades since they were allegedly evicted from Bhutan by the Drukpa authorities. They have been launching a peaceful movement and have been lobbying with the international community to pressure Bhutan to take its bona fide citizens back home. CEHURDES also calls upon the Bhutan government to respect the fundamental rights of its citizens and allow freedom of movement and assembly to its citizens, as enshrined in the Universal Declaration of Human Rights (UDHR).
Source: IFEX

A pre-determined charge sheet

By T. P. Mishra
What crime has Shanti Ram Acharya committed so that the Bhutanese authority sentenced him for seven-and-a- half year? Does the authority have any strong and authentic evidence to charge Acharya’s involment in subversive activities? Was he provided with access to an independent lawyer to plea?

The call for Acharya’s release continues despite the Druk authority’s attempt to conceal the facts regarding the High Court’s one-sided-and-politically motivated-order to sentence him for such a long time without any genuine reason.

On January 23, International Federation of Journalists (IFJ) called for the leniency for Acharya, 20, who was arrested by the Bhutanese security forces on January 16, 2007 at Tashilakha area on charges of being the member of underground outfit Communist Party of Bhutan. Showing worrisome at the High Court’s sentencing of journalist Acharya, the international media watchdog says “The IFJ urges Bhutan’s authorities to take a humanitarian view of the case of Acharya and review the harsh sentence imposed on him.”

To note, the IFJ has also joined Association of Press Freedom Activists (APFA) Bhutan and other press freedom groups in calling on authorities to make public Acharya’s whereabouts and the conditions in which he is being held, and in urging a review in which Acharya is provided with access to an independent lawyer.

The coverage of news stories on sentencing Acharya by international media houses including the BBC world service reflects the fact that he is innocent and the authority’s decision is unfair. Ironically, none of the media bodies and house inside the country covered the plight of Acharya which have raised suspicion if the media are fairly working. In fact, all private and government media in Bhutan, until now has not changed their dogma to terming the dissident southern Bhutanese as anti-national or terrorists, undoubtedly the continued influences of the government on media.

Interestingly, the Bhutan Chapter of South Asian Free Media Association (SAFMA), upon which media groups in exile had hopes for the working in favor of media freedom, remains mute as if to mean there is complete free press in Bhutan and that Acharya is not a journalist. SAFMA’s aims at strengthening networking among media stakeholders, especially working journalists, to improve professional standards through journalist’s education, training and capacity building and promotion of press freedom is hereafter questionable. This is because it failed to raise voice against authority’s decision to sentence a journalist for seven-and-half-year without justifiable reason.

Acharya, who had been to Bhutan to meet his relatives, was charged for entering the country for carrying out terrorist activities. Arrested on January 16, 2007, Acharya was produced before the court for preliminary hearing only on March 16. This is against the rights of the detainee. It is obvious he faced tremendous and inhumanly torture to confess the charges. Besides, it also explores the veracity of Bhutan’s weaknesses to respect and safeguard the fundamental rights and allow freedom of movement and assembly to its citizens as enshrined in the Universal Declaration of Human Rights (UDHR).

The High Court’s order reads, “The Court granted full opportunity and thoroughly considered the explanations made by the defendant concerning the guilty plea. He was given full opportunity to make all his submissions, which were given the utmost consideration. The Court awards seven years and six months imprisonment term in total to the defendant Shanti Ram Acharya, resident of Beldangi II, Sector D/1, Hut No.85, Jhapa, Nepal in accordance with §§ 127, 134, 329 and 330 of the Penal Code and § 211 of the Civil and Criminal Procedure Code from the day he was arrested for the charges against him that have been proven.”

How can the Bhutanese court say that he was granted full opportunity to plea since the judiciary system in the country is still state-controlled? Undoubtedly, we can say that the basic norms to fair trail on the part of Acharya were a far cry since his relatives were not present, nor called by the authority, during the time of Acharya’s hearing on the court. Its definite Acharya failed to hire attorney for his defense for two reasons and these made him become the prey of Bhutanese regime. Bhutan does not have any independent attorneys to be hired by individual and lack of financial backup because he was produced at the court without the knowledge of his relatives and family members.

There are no any logical points to term Acharya a Maoist militant. The first of such reasons is; the Communist Party of Bhutan (CPB-MLM), issuing a press statement after his arrest, strongly refuted his affiliation to their party.

Secondly, his nature, in accordance with his family members seems he is rather a journalist, if not at all, but having a keen interest in journalism. He worked with The Bhutan Reporter (TBR) monthly for six months and was subsequently working at Jagaran fortnightly, a Nepali-language newspaper published by exiled Bhutanese. He is also the founding editor for Baal Aawaj (voice of children), a children-related wall newspaper which used to be published with the financial support from Lutheran World Federation.Thirdly, a sentence from the court order reads “After his (Shanti Ram) brother came to know that he had joined the Bhutan Communist Party, their relation was strained, as his brother scolded him for joining BCP.” Shanti Ram’s brother Devi Charan, 38, however, defends this very strongly. “He (Shanti Ram) always used to read newspapers and sometimes I too used to find his news and write-ups in refugee-run newspapers. I believe he was just a new media practitioner”, he says, adding- “How our relation could be strained?”

Ichha Poudel, the camp-based Associate Editor of the Bhutan News Service (BNS), informs that Shanti Ram’s mother Soma Woti, 60, could not react to his query due to long-possessed mental suffocation caused by son’s imprisonment inside cruel jails. “She continues dropping tears from her eyes and I turned myself helpless to seek her reaction”, says Poudel, adding that her health condition is gradually getting deteriorated due to tension after knowing about her son’s sentencing for seven-and-half-years.

Similarly, Devi Charan , elder brother of Shantiram, in an interview to BNS-run radio program Saranarthi Sarokar (Refugee Concern) at Nepal FM 91.8 in Kathmandu urges international rights groups for his early release. He says the authority’s decision of sentencing Shanti Ram for seven-and-half year was never a matter of ‘tolerance’ for his family. “We are barricaded from getting justice”, says Devi Charan, who immediately maintains that Shanti Ram was never affiliated to underground armed outfit.

The court order also claims that laws and charge sheets were read in Nepali language. However, in the Bhutanese court Nepali-language is never used in proceedings and there are no Nepali speaking attorneys. Most documents are prepared in Dzongkha, which many Nepali speaking Bhutanese do not understand. None of the evidence produced by the police speaks that Acharya had acted against Bhutan or Bhutan government. The only evidence that court rely upon was the statement by Acharya in police custody and subsequently repeating it at the court proceedings, which are questionable. The latest remarks by Police Chief Col. Kipchu Namgyal at the National Assembly session that Royal Bhutan Police cannot protect human rights and that a separate agency is required to look after the jail administrations vividly explains underlying truth about prevailing torture in Bhutanese jails in hands of the police officials.
Read More

Fine contravenes spirit of media freedom: IFJ

Kathmandu, January 28: The International Federation of Journalists (IFJ) said it is concerned that a fine of Nu 18,000 was levied on the Bhutan Broadcasting Service Corporation (BBSC) saying it is contrary to the spirit of media freedom and may lead to undue restraints on the exercise of free speech in Bhutan.

In a statement issued on Wednesday, IFJ said, the country’s regulatory body, the Bhutan InfoComm and Media Authority (BICMA), found that a panel discussion aired by the broadcaster on the quality of a pre-paid taxi service was contrary to the media code of conduct in force.

Some of the speakers invited to the program allegedly attacked officials of Bhutan’s government. There was no official representative on the program to speak on behalf of the government.
The BBSC management has clarified that a representative of the Road Safety and Transport Authority (RSTA) was invited to participate in the program, but left shortly after making his initial comments.

“The IFJ appeals to Bhutan’s regulatory authority to waive the fine imposed on the BBSC since it sets a bad precedent in terms of the media’s role as a watchdog on the conduct of governmental authorities,” IFJ Asia-Pacific Director Jacqueline Park said.

“As Bhutan goes through a significant transition to popular democracy, it is essential that a clear signal is sent that media freedom and the public’s right to free speech will be protected,” the media rights body further said in the statement.
Source: Bhutan News Service

Does he mean right to expression is under threat?

A friend of mine informed that a youth, of 20s, who just came from Bhutan, was inside refugee camps in Nepal to see his relatives. Though I was busy with hectic schedules, while during my last visit to refugee camps in the first week of January, I immediately rushed to catch him. As a new media practitioner I was carrying all necessary equipments that journalists carry.

I met him; he scared with me. During the introduction he just said he is 'Mahesh' from India. I wondered why he denied revealing his true identity. My friend who was accompanying me during the meet, however, convinced 'Mahesh' that I was a simple guy and that he need not have to worry.

'Mahesh' laughs--not internally as I still guess.

Later 'Mahesh' admitted that he is Bhim Bahadur, name still withheld in his request, from one of the southern districts in Bhutan. A driver by profession, 'Mahesh' then wished talking to me though not as a journalist.

During the about-45-minute long talks with him I learned many things, most of which I dared relating to 'freedom of speech and expression'.

Freedom of speech and expression is one of the fundamental rights of a citizen, of course, not guaranteed while in the context of Bhutan.

"Freedom of speech is the freedom to speak freely without censorship or limitation. The synonymous term freedom of expression is sometimes used to denote not only freedom of verbal speech but any act of seeking, receiving and imparting information or ideas, regardless of the medium used. It is guarded by the Article 19 under Universal Declaration of Human Rights and recognized in international human rights law in the International Covenant on Civil and Political Rights (ICCPR). Read more on this "

The conversation with 'Mahesh' began with how updated he was in regard to political changes in the country. The only thing he remembers is the 'March election'.

Did you vote in the election?
'Yes', he answered with quite a trembling voice as if to mean he didn’t.

As soon I throw the next question he asked me if I am a journalist. This is because during the introduction I had not disclosed that I am a media guy.

Soon then the talks turned the other side; a sense of nervousness from his facial expression was distinctly read.

He says "I CAN'T SPEAK ANYTHING NOW. IF BHUTAN GOVERNMENT KNOWS THAT I AM SPEAKING AGAINST IT THEN……" He shook hands with me and said he was busy and can't talk more.

Anyways, the last-sentence he spoke to me was meaningful with some significant messages.

Here is what i concluded;

- Bhutan government still controls public's right to speech and expression
- People fear to speak against the government even when the latter is wrong
- There is not much change despite holding of the general election, which government says it paved a way for people's democracy.

CPB-MLM's statement

The Bhutanese authority has accused Shanti Ram Acharya of his involvement at the Communist Party of Bhutan, CPB-MLM, however, the latter strongly refuted the allegation.

In a press statement issued by the In-charge of Exile Coordination Committee on January 3, 2007, it has strongly accused the Druk regime of arresting innocent people on the fake charge of being Maoists militant.

The statement written in Nepali-language can read at:

Browse here...

The story continues

The human rights organisation, GHRD, is calling for an immediate review of the case of Bhutanese journalist Shanti Ram Acharya who has been imprisoned for seven and a half years for allegedly having links with a banned Maoist organisation. GHRD wants the accused represented by an independent lawyer, the prisoner’s whereabouts and condition made public and monitored, allegations of torture investigated and compensation and legal assistance for damages caused.
Read more...
Source: www.mediahelpingmedia.org

GHRD takes our side

26 January 2009: The Netherlands-based Global Human Rights Defence (GHRD) has shown deep concern about the unfair trial and sentencing of Bhutanese journalist Shanti Ram Acharya (20), a correspondent of The Bhutan Reporter, which is funded by GHRD. Press Statement

PRESS STATEMENT
Global Human Rights Defence (GHRD) is deeply concerned about the unfair trial and sentencing of Bhutanese journalist Shanti Ram Acharya (20), a correspondent of the The Bhutan Reporter, which is funded by GHRD.

Mr Acharya has been sentenced for seven and a half years for alleged involvement in Maoist-related activities. However, the judgement is claimed to be politically motivated, based on insufficient evidence and on confessions obtained under torture. The overall trial was inadequate and unfair and failed to comply with the most fundamental principles of due process. The case must be re-investigated to ensure that the fundamental rights of Mr Acharya are safeguarded.

BACKGROUND
Mr Acharya was a camp based correspondent for the monthly The Bhutan Reporter, published in exile from Nepal and funded by GHRD. It seeks to uphold and safeguard the people's right on information in the Bhutanese society.

In January 2007, after a visit to his family, Shanti Ram Acharya was arrested and accused of entering Bhutan to ‘carry out terrorist activities’. He was taken to police custody where he was tortured and forced to confess the charges. Acharya was produced before the court for a preliminary hearing only on March 16. His relatives and family members were not updated on the court proceedings.

The Bhutanese High court found him "guilty of involvement in subversive activities" against Bhutan. He was also accused for participating in military training conducted by the Nepali chapter of Communist Party of Bhutan. (Banned party in Bhutan.)

However, the Communist Party of Bhutan (CPB-MLM), denied any link with Mr Acharya in a
press release after his arrest, strongly refuted his affiliation to their party. The trial in itself is clearly unfair, politically motivated and it was not fully comprehensible to the accused, who is an ethnic Nepali. Mr Acharya could not afford to hire his own lawyer, and the Bhutanese court proceedings are never conducted in Nepalese language, neither are there Nepali speaking attorneys. Most documents are prepared in Dzongkha, which Mr Acharya, a Nepali speaking Bhutanese could not understand.

It is of outmost concern to impose such harsh punishments on these dubious charges and
under weak legal procedures.

RECOMMENDATIONS
In light of the above, GHRD joins The Association of Press Freedom Activists (APFA), and International Federation for Journalists (IFJ) demanding the Bhutanese authorities to review the trial of Mr Acharya, and to ensure a new fair trial.

In particular, GHRD urges that

- The trial of Shanti Ram Acharya is reviewed and that he is provided with an
independent lawyer of his choice.
- The whereabouts and condition of Mr Acharya are closely monitored and made
public.
- The serious allegations of torture are investigated and the perpetrators of
such crimes punished.
- Adequate compensation and legal assistance is granted Acharya for the damages
caused.

GHRD reiterates that the practice of torture is one of the most serious human rights crimes under which no derogation is allowed. No person, regardless whether he is a criminal or not, should ever be subjected to torture in any circumstances. Confessions obtained under torture should not constitute grounds for judgment.
Source: APFANEWS

The condition of Acharya's family members turn pathetic

Ichha K. Poudel, the camp-based Associate Editor of the Bhutan News Service (BNS informs that Shanti Ram's aged mother Soma Woti, 60, could not react to his query due to long-possessed mental harassment due to her son's imprisonment inside cruel jails. "She continues dropping tears from her eyes and I turned myself helpless to seek her reaction", says Poudel, adding that her health condition is gradually getting deteriorated due to mental pressures after knowing about her son's sentencing for seven-and-half-year.

Poudel further informs that Soma Woti's call for her innocent son's early and unconditional release, however, was time-and-again read from her facial expression. Meanwhile, Devi Charan while in an interview to BNS-run radio program Saranarthi Sarokar (Refugee Concern) at Nepal FM 91.8 in Kathmandu urges international rights groups for his early release. He says the authority's decision of sentencing Shanti Ram for seven-and-half year was never a matter of 'tolerance' for his family. "We are victimized from getting justice", says Devi Charan, who immediately maintains that Shanti Ram was never affiliated to underground armed outfit.

If you wish listening to Devi Charan's voice please
CLICK HERE
The interview is in Nepali-language.

The right to expression

Source: Kuensel
OUTLOOK 22 January, 2009 - The Bhutan Broadcasting Service (BBS) has been fined for doing its job.

The government by allowing the Bhutan InfoComm and Media Authority (BICMA) to flaunt such authoritative powers over BBS is trampling on the Constitution. It violates free press and free speech.The issue pertains to a panel discussion that BBS organised late December 2008. A private citizen had started- with the consent of the Ministry of Information and Communications (MoIC)- a prepaid taxi service system that offered passengers half the rates charged by other taxi drivers. The other taxi drivers were not happy. Customers were confused why two taxis were charging two different rates for the same distance. It was a matter of public concern.

The debate on BBS TV that evening turned into a boisterous exchange of arguments, in which one emotional taxi driver criticised MoIC minister Lyonpo Nandalal Rai for approving the pre-paid taxi service without discussing it with other taxi drivers who would be affected by his arbitrary decision.

BICMA who fined BBS declared that the panel discussion was not “fair, decent and balanced in line with the Code of Ethics of Journalists”.

We in the media are deeply concerned. The possibility that a media organisation may be punished and publicly paraded merely for hosting a debate to foster and preserve free speech, promised by our Constitution, ought to trouble everyone. The message from this is that airing of unpopular or offensive opinions on the government will be stifled. This even as the Constitution guarantees us intellectual freedom and the right for private citizens to criticise the government.
Holding BBS liable for a panel discussion in which a minister was criticised could set a dangerous precedent and exercise a worrisome effect on the media’s ability to report truthfully on matters of public concern. Such moves will deprive citizens of information they need to make informed judgments about their elected leaders’ policies and actions.

What goes on inside a government then becomes more and more secret, which is bad news for democracy, and what’s left for the public are official press releases.

If BICMA fines BBS for hosting a discussion in which a minister was criticised, it may one day fine us too for criticising the state. This is not about BBS alone. The fining of a Bhutanese media is about the ability of a free press in democratic Bhutan to do its job.

BICMA is a fine agencyEver since its start, BICMA has taken the necessity of heightened vigilance against what it ominously calls irresponsible journalism, frequently imposing fines and sending warning letters to editors and reporters.

What BICMA could do instead is engage the young Bhutanese media in meaningful dialogues that will point the way towards a vibrant democracy. It should lead the way in reassuring the citizens that the government will respect the value of openness. That free press has a central place in the Constitution because it can provide information the public needs to make things right again.

Imposing fines is definitely not the way to go. It can create mistrust and a sense of authoritarian rule, which works against the public interest and free press. BICMA must act only in the most dire circumstances when it regulates free expression.

That is not to say that some of our newspapers deserve a pass for their overtly sensational or graphic news coverage. More sensitivity and less stridency on them would certainly be welcome. But those erroneous displays need to be addressed by the papers themselves and remembered by their customers.

It’s the paper’s credibility in the end. If a paper’s news coverage is trash or socially offensive, viewers can change papers. If a paper’s reporting is biased, there are other newspapers. Soon enough, in this competitive news market, a paper will get the message.

BICMA or the government must understand that in a democracy, a free and inconvenient press is not a luxury. An independent press is a fundamental human right protected by the Constitution. If that right is taken away or eroded, elections are moot and democracy really cannot survive.

By Kencho Wangdi
kencho@kuensel.com.bt

Review sought in case of jailed journalist

Shantiram AcharyaMedia freedom campaigners are calling on the Bhutanese government to review the case of a journalist who has been jailed for seven and a half years after being accused of having links to a Maoist group.

The case of Shantiram Acharya was first highlighted on this site in January 2007 when he was arrested by soldiers of the Royal Bhutan army.

Three months later, another report on this site quoted media freedom activists in the region expressing concern about Acharya’s safety having been unable to contact him since his arrest.

Now, two years on, Acharya is starting a seven year prison term after being found guilty of having links to outlawed Communist Party of Bhutan. His crime, according to the high court, was being guilty of involvement in subversive activities against Bhutan.The Association of Press Freedom Activists (APFA) Bhutan , says Acharya was arrested when he travelled from Nepal to Bhutan to visit relatives. It’s claimed he was tortured during the months he was missing and that during that time they forced him to confess to the allegations made against him.The International Federation of Journalists (IFJ) has added its voice to calls for a review of the sentence.

Acharya, had worked as a reporter for the Bhutan Reporter and Bhutan Jagaran, newspapers published by Bhutanese exiles in Nepal.

IFJ says Acharya’s conviction is reportedly based on statements he allegedly made to police while in custody between January 16 and March 16 last year.

These statements were reportedly recounted by him in open court, although the IFJ is unconvinced that the judicial proceedings were either fair or fully comprehensible to the accused, who is an ethnic Nepali.

The IFJ’s Asia-Pacific Director Jacqueline Park says the case need to be looked at again.

"The IFJ urges Bhutan’s authorities to take a humanitarian view of the case of Acharya and review the harsh sentence imposed on him." "The IFJ urges Bhutan’s authorities to take a humanitarian view of the case of Acharya and review the harsh sentence imposed on him."

The IFJ joins APFA and other press freedom groups in calling on Bhutan authorities to make public Acharya’s whereabouts and the conditions in which he is being held, and in urging a review in which Acharya is provided with access to an independent lawyer.
Source: www.mediahelpingmedia.org

Bhutanese reporter is imprisoned

By Subir Bhaumik
BBC News, Calcutta
A Bhutanese journalist has been jailed for seven years for alleged links to a Maoist group, officials say.

Officials confirmed reports from an exiled Bhutanese media group that Shantiram Acharya, 20, was sentenced after returning to the country.

Mr Acharya worked for the monthly Bhutan Reporter and had been living in exile in Nepal before his return.

The Bhutanese High court found him "guilty of involvement in subversive activities" against Bhutan.

It said that police had furnished evidence of Mr Acharya participating in a military training course organised by the outlawed Communist Party of Bhutan (Marxist-Leninist-Maoist).

This group is largely made up of Bhutanese refugees of Nepali origin who have been living in camps in Nepal for two decades.

Bhutan has blamed it for a series of explosions in the southern districts of the country in recent months. The party is banned in Bhutan.

Photographs
According to the Association of Press Freedom Activists (APFA) Bhutan, an exiled Bhutanese media group based in Kathmandu, Mr Acharya was arrested in 2007 when he visited Bhutan to meet his relatives after a long stay in Nepal.

The APFA alleged that he was kept in secret detention for almost two months and tortured by police to extract a confession.

Bhutanese police are believed to have found photographs of army outposts in Mr Acharya's possession, which they think were taken to plan attacks.

The APFA says that Mr Acharya was only convicted because he could not hire a lawyer to defend himself as he had no money and there are few independent lawyers in Bhutan.

It says the case must be reviewed and Mr Acharya defended by independent lawyers in a fresh trial if Bhutan wants to convince the world it is a genuine democracy.

The Communist Party of Bhutan (Marxist-Leninist-Maoist) has however denied any link with Mr Acharya, saying in a press release this week that the jailed reporter was never a member of the party.

Bhutan held parliamentary elections last year and officially became a constitutional monarchy, although many believe the king still has substantial powers.

IFJ Calls for Leniency for Shantiram

Kathmandu, January 23: The International Federation of Journalists (IFJ) said it is worried at the Bhutan High Court’s sentencing of journalist Shanti Ram Acharya to a prison term of seven-and-a-half years on terrorism charges.

In a statement issued on Friday, IFJ said, Acharya, 20, lived in refugee camps in Nepal since he and his immediate family were exiled from Bhutan in 1991 as part of a mass transfer of ethnic Nepalis. He worked for the Bhutan Reporter and Bhutan Jagaran, newspapers published by Bhutanese exiles in Nepal.

The statement further reads, Acharya was reportedly active in non-violent political activity and participated in a two-week long program of protests in Kathmandu, Nepal, just before leaving for Bhutan.

He was arrested in January 2007 while visiting relatives in Bhutan.

“Acharya’s conviction is reportedly based on statements he allegedly made to police while in custody between January 16 and March 16 last year. These statements were reportedly recounted by him in open court, although press freedom groups are unconvinced that the judicial proceedings were either fair or fully comprehensible to the accused, who is an ethnic Nepali,” IFJ said.

“The IFJ urges Bhutan’s authorities to take a humanitarian view of the case of Acharya and review the harsh sentence imposed on him,” IFJ Asia-Pacific Director Jacqueline Park said.
The IFJ joined APFA and other press freedom groups in calling on Bhutan authorities to make public Acharya’s whereabouts and the conditions in which he is being held, and in urging a review in which Acharya is provided with access to an independent lawyer.

Acharya is accused of involvement in subversive activities against Bhutan and alleged links to a Maoist group, though the communist group denied any link. He was fallen victim to a draconian law which criminalizes the return of exiles to Bhutan.

Source: Bhutan News Service

CEHURDES condemns imprisonment of the Bhutanese journo

The Center for Human Rights and Democratic Studies (CEHURDES)—a Kathmandu-based freedom of expression monitoring group—has condemned the imprisonment of Shantiram Acharya, a young Bhutani journalist, by the Bhutanese authorities.

According to the Association of Press Freedom Activists (APFA) Bhutan, an exiled Bhutanese media group based in Kathmandu, Acharya, a Bhutanese of Nepali origin who was living in the refugee camps in eastern Nepal, was arrested in 2007 when he visited Bhutan to meet his relatives.

Acharya was kept in secret detention for almost two months and tortured by police to extract a confession, APFA said. Bhutan police has claimed that he was arrested for taking photographs of an outpost of the Royal Bhutan Army.

According to APFA, Acharya was convicted because he could not hire an attorney to defend him as Bhutan does not have any independent attorney. Also, he had no money since he was produced in the court without the knowledge of his family members.

BBC World Service on Thursday quoted an unnamed Bhutanese official confirming that Acharya, 20, has been sentenced to jail for seven and a half years for “terrorist activities” by the royal government of Bhutan.

Acharya, who used to work for the Bhutan Reporter, a monthly newspaper being published by Bhutanese refugees living in Nepal, received the sentencing by Bhutan’s high court for being allegedly involved in subversive activities against the Druk regime, including participating in military training conducted by the Communist Party of Bhutan (Marxist Leninist Maoist) in Nepal, The armed underground organisation is banned in Bhutan and believed to be operating from Nepal and India.

The Communist Party of Bhutan (Marxist Leninist Maoist) has, however, issued a statement saying that Acharya has never been its member, nor had any links with the organisation.

The South Asia Human Rights Index 2008, published by the New Delhi-based Asian Center for Human Rights (ACHR), expressly says there is no political freedom in the Himalayan kingdom and that Bhutan essentially remains a repressive regime. “Bhutan does not have an independent judiciary. … Even bureaucrats were appointed as judges of the Apex Court,” the Center said. (For details, See http://www.achrweb.org/reports/SAARC-2008.pdf)

Saying that Acharya has been imprisoned without free legal trial and without recourse to independent legal counsel, CEHURDES has called upon the Royal Government of Bhutan to open Acharya’s case for review and let the 20-year-old hire an independent attorney. The organisation has also demanded that the jailed journalist’s whereabouts be made public.

Some 100,000 Bhutanese of Nepali origin have been languishing in UN-maintained refugee camps in eastern Nepal for nearly two decades since they were evicted from Bhutan by the Drukpa authorities. They have been launching a peaceful movement and have been lobbying with the international community to pressure Bhutan to take its bona fide citizens back home.
CEHURDES has also called upon the Bhutan government to respect fundamental rights of its citizens and allow freedom of movement and assembly to its citizens as enshrined in the Universal Declaration of Human Rights (UDHR).
(Source: Nepalnews.com,January 23, 2009)

Gautam appeals RSF for Acharya's release

To Mr. Vincent Brossel
Reporters Sans Frontiers
Rue Viviene, Paris
France

Subject: Campaign against the arrest and prison sentence by the Government of Bhutan against a journalist Mr. Shanti Ram Acharya

Dear Sir,
I would like to apprise the International Secretariat of the Reporters Sans Frontiers that the Royal Government of Bhutan has imprisoned a journalist named Shanti Ram Acharya for even and half years violating the freedoms of press and rights of the journalist. Just like any other journalist Mr. Shanti Ram Acharya was doing the job of exposing the news and events that the Bhutanese state media rarely covers. He was simply doing his duty of a journalist, that the government has assumed as a ‘traitor’ simply because he was working for the media operated in exile- The Bhutan Reporter, a monthly news bulletin. The arrest and imprisonment is tenuous, a violation of the rights of freedoms of a journalist. Therefore, I as a journalist of formerly attached to Bhutan’s Radio and TV- BBS, Nanda Gautam strongly condemn the government’s verdict and request all concerned to kindly help free Mr. Acharya unconditionally. The details of Mr. Acharya are as follows:

Name: Shanti Ram
Family Name: Acharya
Age: 20 years
Place of birth: Samchi Bhutan
Nationality: Bhutanese
Present residence: Bhutanese Refugee Camp II, Sector D/1, hut number 85, Jhapa district, Nepal
Date of arrest: 16 January 2007
Place of arrest: Tashilakha, Bhutan

Mr. Acharya was forcibly exiled by the Bhutanese regime along with his parents in 1992. He was about 3 years old baby at that time. He was grown up in the Bhutanese refugee camps in Nepal administered by UNHC and studied journalism. He became a member of the Association of Press Freedom Activist and working as co editor for the monthly bulletin The Bhutan Reporter. Because the media within Bhutan does not cover fairly on issues related to the ethnic minority Lhotshampas, he has crossed the Bhutan’s border from India to see particularly the happening in his village. When the Bhutan’s machinery arrested him arbitrarily, he was accused of being a member of so called communist party. At that moment he was taking a picture of a house with a digital camera. The government made his arrest public five days later, on 21 January 2007 through its weekly, Kuensel.

He was produced in the High Court of Bhutan recently and passed a verdict alleging that he was involved for submissive activities against Bhutan by undergoing a training provided by the Communist Party. His association back in the refugee camp refutes this verdict saying that the evidences produced by the police did not mention that Acharya carried out any terrorist activities in Bhutan but only mentioned that he received training with Nepalese Maoists in eastern Nepal. None of the evidence produced by the police speaks that Acharya had acted against Bhutan or Bhutan government. Police charge sheet said he was arrested for taking photograph of an outpost of Royal Bhutan Army with digital camera, which does not substantiate enough evidence to prove his guilt of acting against Bhutan (see attachment).

Campaign for the release of Mr. Acharya from the international communities is very urgent and essential because the Bhutanese legal system does not provide lawyer for the convict and the trial is not fair. There is also no provision to release Mr. Acharya in bail. Therefore I humbly request Your Secretariat to kindly urge Bhutanese regime through its Honorary Consulate Dr. Francoise Pommaret; 2 Rue d Enghein, 75010 Paris. Telephone: 1-44839565 to release Mr. Acharya soon. Your favorable action will be highly appreciated.

Yours sincerely,
Nanda Gautam

NEWS COVERAGE ON ACHARYA CONTINUES

Refugee journo gets 7-yr term in Bhutan
Source: The Kathmandu Post, Jan 21:
KATHMANDU, Shanti Ram Acharya, a correspondent of The Bhutan Reporter published in exile from Nepal, has been sentenced to seven and half years jail term, said Association of Press Freedom Activists (APFA), Bhutan.

According to APFA Bhutan, an organisation of Bhutanese journalists in exile, Acharya was arrested in mid-January last year while going to meet his relatives in Bhutan, and was only recently lately informed about his jail term. APFA-Bhutan said though Acharya was charged of entering Bhutan to carry out terrorist activities there, the proofs presented by police do not provide enough evidence to prove him guilty of acting against Bhutan.

Condemning the punishment, the association has also sought support from ICRC and other international human rights groups to hire an independent attorney for Acharya's defence.

भुटानमा पत्रकारलाई साढे सात वर्ष
समाचार: Kantipur daily
काठमाडौं , माघ ९ - भुटान विरुद्ध गतिविधिमा सरिक भएको अभियोगमा एक भुटानी शरणार्थी पत्रकारलाई भुटानको अदालतले साढे सात वर्ष कैदको फैसला सुनाएको छ ।

एक वर्षअघि आफन्त भेट्न स्वदेश पुगेका शान्तिराम आचार्यलाई सर्वोच्च अदालतले सोमबार उक्त फैसला सुनाएको हो । उनीमाथि भुटान कम्युनिस्ट पार्टी -मालेमा) को सैन्य तालिमा भाग लिएको आरोप छ । नेपालबाट निस्कने 'भुटान अब्जर्भर' मासिक अखवारका संवाददाता आचार्यलाई गत वर्ष चैत ३ गते प्रारम्भिक सुनुवाइका लागि थिम्पुस्थित अदालतमा उपस्थित गराइएको थियो ।

यसैबीच एसोसिएसन अफ प्रेस फ्रिडम एक्टिभिस्ट -एपीएफए) भुटानले मंगलबार एक प्रेस विज्ञप्ति जारी गर्दै उक्त फैसलाको विरोध गरेको छ । एपीएफएका महासचिव विद्यापति मिश्रले जारी गरेको विज्ञप्तिमा उनको मुद्दामाथि पुनर्विचार गरिनुका साथै एक स्वतन्त्र अधिवक्ताको व्यवस्था हुनुपर्ने माग गरिएको छ । २० वषिर्य आचार्यलाई सावजनिक गरिनुपर्ने, उनलाई आफन्तसग भेट्न दिइनुपर्ने माग गर्दै विज्ञप्तिमा अन्तर्राष्ट्रिय रेडक्रस -आईसीआरसी) को समेत ध्यानाकर्षण गराइएको छ ।

Bhutanese journo slapped 7-year jail term
Source: REPUBLICA
KATHMANDU, Jan 21: One of the correspondents of The Bhutan Reporter Monthly, published from exile in Nepal, has been sentenced for seven and half years in jail, according to Association of Press Freedom Activists (APFA) Bhutan.

APFA said in a statement on Wednesday that a Bhutanese High Court sentenced Shanti Ram Acharya in jail for his involvement in “subversive activities against Bhutan by participating in military training conducted by Communist Party of Bhutan (Marxists Leninists Maoists) in Nepal”.

Acharya, who had been to Bhutan to meet his relatives, was charged for entering the country to carry out terrorist activities. Arrested on January 16, 2007, Acharya was produced before the court for preliminary hearing on March 16. For two months, he was kept at the police custody where “it is obvious he faced tremendous and inhumanly torture to confess the charges”, the statement said.

However, the evidences produced by the police did not mention that Acharya carried out any terrorist activities in Bhutan but only mentioned that he received training with Nepalese Maoists in eastern Nepal. None of the evidence produced by the police speaks that Acharya had acted against Bhutan or Bhutanese government.

APFA has condemned the charges slapped on him and verdict given by the state-controlled high court and demanded to let him hire independent attorney for his defense. "We seek support from ICRC and other international human rights groups to hire independent attorney for Acharya for defense," said APFA.

Bhutan jails reporter for over seven years
Source: http://www.gulf-times.com
KATHMANDU: Shantiram Acharya, who used to work for the Bhutan Reporter, a monthly newspaper brought out amidst great hardship by Bhutanese refugees living in Nepal, received the sentencing by Bhutan’s high court for being allegedly involved in subversive activities against the Druk kingdom, including participating in military training conducted by the Communist Party of Bhutan (Marxist Leninist Maoist) in Nepal, an armed underground organisation that is banned in Bhutan and believed to be operating from Nepal and India to end Bhutan’s hereditary monarchy.

According to the Association of Press Freedom Activists (APFA) Bhutan, an exiled Bhutanese media group based in Kathmandu, Acharya, a Bhutanese of Nepali origin who was living in the refugee camps in eastern Nepal, was arrested in 2007 when he visited Bhutan to meet his relatives.Acharya was kept in secret detention for almost two months and tortured by police to extract a confession, APFA said. According to the exiled media group, the Bhutan police charge sheet said he was arrested for taking photographs of an outpost of the Royal Bhutan Army.APFA also said it believed Acharya was convicted because he could not hire an attorney to defend him as Bhutan does not have any independent attorney.

Also, he had no money since he was produced in the court without the knowledge of his family members.Though the Communist Party of Bhutan (Marxist Leninist Maoist), from whom Bhutan police said Acharya had received arms training, said it had no association with the exiled reporter, the denial was not heeded by the Bhutanese court.Condemning the charges and the verdict by court, which APFA said was controlled by the state, the media group is asking the Bhutan government to open the case for review and let the 20-year-old hire an independent attorney.It is also asking for the jailed journalist’s whereabouts to be made public.

In November 2008, Bhutan was catapulted into world attention as it celebrated the crowning of its fifth king, the 28-year-old Oxford-educated Jigme Khesar Namgyel Wangchuk.The crowning was projected as another step towards democracy by the isolated Druk kingdom as the previous king, Jigme Singye Wangchuk, abdicated in favour of his son.The change of guard is viewed with mixed feelings by over 100,000 Bhutanese of Nepali origin who have been languishing in Nepal for nearly two decades since their expulsion from Bhutan during a crackdown on ethnic communities.

While some of the refugees hope the new king will show a human face and re-open talks with Nepal for their repatriation, others however feel that the old king still continues to wield power and the abdication and drafting of the first-ever constitution are a facade to placate foreign donors who want Bhutan to respect human rights.

"Campaign for media freedom should not stop"

By T. P. Mishra
"Dai, Namaste! how are you doing these days? As I am quite busy at my studies I am really unable to contribute a good volume of news reports from camps for TBR. But our campaign for the establishment of complete media freedom in Bhutan should not stop."

I still remember these sentences spoken to me by Shanti Ram Acharya in front of the ration go-down in Beldangi-II camp in the mid-2005, I forgot the month and date. That time I was just working as a special correspondent for The Bhutan Reporter (TBR) monthly, which publishes from Kathmandu, Nepal.

Now as the Editor cum Publisher of TBR I would like to stand on the side of Shanti Ram Acharya, on my personal and on behalf of TBR family. Acharya, who worked in this monthly newspaper, though for a period of six months in 2005 was a simple, dedicated and hardworking youth to my knowledge.

He was arrested by the Bhutan police on January 16, 2007 in Tashilakha area in charge of being the member of non-existent Communist Party of Bhutan. His arrest was made public only on January 21 through the state-owned Kuensel. His family members maintain that Shanti Ram might have gone to Bhutan to visit relatives, though was not informed to them.

Our lobby to international rights groups, in particular media bodies, to help exert pressure on Druk regime for his unconditional and early release went in vain. In this regard, however, we (press freedom campaigners/activists in exile) never consider ourselves as failed ones but ironically it implies the meaning that the concerned international media groups could not do anything on Acharya's favor.

A number of stories published by the UK-based Media Helping Media (www.mediahelpingmedia.org) calling the international rights and media bodies to mount pressure on Druk regime for his early and unconditional release is a strong evidence to this.
It is sad that of late he has been declared a jail term of seven years and six months by the Bhutanese authority. On the day I received this information, a number of questions occupied good space in my minds.

That night I asked myself; where are international human rights and media groups? Is Shanti Ram a Maoist militant? Or is he a Maoist-made innocent youth? Why doesn't he be called a journalist by looking at his background? Is he suffering simply because he is a refugee? The more I sat, the further questions hit my mind.

I opened my desktop in the mid-night and saw the document, said to be the Court Order. Some sentences reads, "The Court granted full opportunity and thoroughly considered the explanations made by the defendant concerning the guilty plea. He was given full opportunity to make all his submissions, which were given the utmost consideration. The Court awards seven years and six months imprisonment term in total to the defendant Shanti Ram Acharya, resident of Beldangi II, Sector D/1, Hut No.85, Jhapa, Nepal in accordance with §§ 127, 134, 329 and 330 of the Penal Code and § 211 of the Civil and Criminal Procedure Code from the day he was arrested for the charges against him that have been proven."

How can the Bhutanese court say that he was granted full opportunity to plea since the judiciary system in the country is still under the strict control of government? Thus, we can undoubtedly say that the basic norms to fair trail on the part of Acharya were a far cry.

There are no any logical points to term Acharya a Maoist militant. The first of such reasons is; the Communist Party of Bhutan (CPB-MLM), issuing a press statement after his arrest, strongly refuted his affiliation to their party.

Secondly, his nature, in accordance with his family members seems he is rather a journalist, if not at all, but having a keep interest in this sector. He worked at TBR for six months and was subsequently working at Jagaran fortnightly, a Nepali-language newspaper published inside refugee camps. He is also the founding editor for Baal Aawaj (voice of children), a children-related wall newspaper.

Thirdly, a sentence from the court order reads "After his (Shanti Ram) brother came to know that he had joined the Bhutan Communist Party, their relation was strained, as his brother scolded him for joining BCP." Shanti Ram's brother, however, defends this very strongly.

"He (Shanti Ram) always used to read newspapers and sometimes I too found his news and write-ups in refugee-run newspapers. I believe he was just a new media practitioner", he says, adding- "How our relation could be strained?"

We are left with no alternatives then to call international rights and media bodies to exert pressure on Druk regime, help create a free atmosphere for his plea in defend to false allegations clamped upon him.

Shanti Ram, we never lose our hopes for the complete establishment of media freedom in Bhutan, a dream even you have had.

Bhutan jails refugee reporter for over 7 years

Kathmandu, Jan 21 (IANS) A 20-year-old exiled journalist of Nepali origin has been sentenced to jail for seven and a half years for terrorist activities by the royal government of Bhutan even as the party in question denied having any links with him.Shantiram Acharya, who used to work for the Bhutan Reporter, a monthly newspaper brought out amidst great hardship by Bhutanese refugees living in Nepal, received the sentencing by Bhutan’s high court for being allegedly involved in subversive activities against the Druk kingdom, including participating in military training conducted by the Communist Party of Bhutan (Marxist Leninist Maoist) in Nepal, an armed underground organisation that is banned in Bhutan and believed to be operating from Nepal and India to end Bhutan’s hereditary monarchy.

According to the Association of Press Freedom Activists (APFA) Bhutan, an exiled Bhutanese media group based in Kathmandu, Acharya, a Bhutanese of Nepali origin who was living in the refugee camps in eastern Nepal, was arrested in 2007 when he visited Bhutan to meet his relatives.

Acharya was kept in secret detention for almost two months and tortured by police to extract a confession, APFA said. According to the exiled media group, the Bhutan police charge sheet said he was arrested for taking photographs of an outpost of the Royal Bhutan Army.

APFA also said it believed Acharya was convicted because he could not hire an attorney to defend him as Bhutan does not have any independent attorney. Also, he had no money since he was produced in the court without the knowledge of his family members.

Though the Communist Party of Bhutan (Marxist Leninist Maoist), from whom Bhutan police said Acharya had received arms training, said it had no association with the exiled reporter, the denial was not heeded by the Bhutanese court.

Condemning the charges and the verdict by court, which APFA said was controlled by the state, the media group is asking the Bhutan government to open the case for review and let the 20-year-old hire an independent attorney.

It is also asking for the jailed journalist’s whereabouts to be made public.

In November 2008, Bhutan was catapulted into world attention as it celebrated the crowning of its fifth king, the 28-year-old Oxford-educated Jigme Khesar Namgyel Wangchuk.

The crowning was projected as another step towards democracy by the isolated Druk kingdom as the previous king, Jigme Singye Wangchuk, abdicated in favour of his son.

The change of guard is viewed with mixed feelings by over 100,000 Bhutanese of Nepali origin who have been languishing in Nepal for nearly two decades since their expulsion from Bhutan during a crackdown on ethnic communities.

While some of the refugees hope the new king will show a human face and re-open talks with Nepal for their repatriation, others however feel that the old king still continues to wield power and the abdication and drafting of the first-ever constitution are a facade to placate foreign donors who want Bhutan to respect human rights.
Source: www.thaindian.com

नेपालीभाषी पत्रकारलाई सात वर्ष

काठमाडौं - भुटानका एक नेपालीभाषी पत्रकारलाई थिम्पुस्थित अदालतले साढे सात वर्ष जेल सजाय तोकेको छ । उनीमाथि भुकपा मालेमावादीमा लागेर भुटान सरकारविरुद्ध गतिविधि गरेको अभियोग छ ।
भुटान रिपोर्टर मासिकका पत्रकार शान्तिराम आचार्य एक वर्षअघि पक्राउ परेका थिए । पक्राउ गरेपछि पत्रकार आचार्यको अवस्था अज्ञात थियो । भुटानी पत्रकारहरूको संस्थ्ाा एसोसिएसन अफ प्रेस फ्रिडम एक्टिभिस्ट (एपिएफए) भुटानले जेलमा रहेका आचार्यको पछिल्लो अवस्था सार्वजनिक गरेको हो ।

२० वर।षीय पत्रकार आचार्यलाई भुकपा मालेमावादीद्वारा सञ्चालित भएर भुटानविरुद्ध गतिविधिमा संलग्न रहेको अभियोगमा थिम्पुको सर्वोच्च अदालतले जेल सजाय सुनाएको एपिएफए भुटानका महासचिव विद्यापति मिश्रले जानकारी दिए । नेपालको शरणार्थी शिविरमा बस्दै आएका पत्रकार आचार्य आफन्त भेट्न भुटान गएका वेला २००७ जनवरी १६ मा पक्राउ परेका थिए । उनलाई दुई महिनासम्म प्रहरी हिरासतमा चरम यातनासहित राखिएको तथा अभियोगपत्रमा जबर्जस्ती हस्ताक्षर गर्न लगाइएको समेत एपिएफएका महासचिव मिश्रले विज्ञप्तिमा उल्लेख गरेका छन् ।

मिश्रका अनुसार थिम्पुको अदालतले पत्रकार आचार्यविरुद्धको कानुनी अभियोगसम्बन्धी कागजपत्र नेपाली भाषामा तयार गरेको थियो । जबकि भुटानी अदालतमा नेपालीभाषाको प्रयोग हालसम्म नभएको मिश्रको भनाइ छ । भुटानी अदालतमा धेरैजसो कागजात जोङ्खा भाषामा तयार गरिन्छ, उक्त भाषा भुटानमा रहेका नेपालीभाषीले बुझ्दैनन् ।

पत्रकार आचार्य आतंककारी गतिविधिमा संलग्न भएको प्रमाण भने भुटानी प्रहरीसँग नभएको एपिएफएले जनाएको छ । भुटानी प्रहरीले नेपालको पूर्वी भागमा माओवादीको तालिममा आचार्य सहभागी भएको आरोप लगाएको छ, तर त्यसको पुष्टि गर्ने चित्तबुझ्दो प्रमाण उसँग छैन । आचार्य पक्राउ परेलगत्तै भुकपा मालेमावादीले विज्ञप्ति प्रकाशित गरी उनी आफ्नो संगठनमा नभएको बताइसकेको थियो ।

भुटानी प्रहरीको अभियोगमा आचार्यले डिजिटल क्यामेराबाट शाही भुटानी सेनाको ब्यारेकको तस्बिर लिएको उल्लेख छ । त्यसले भुटानविरुद्ध आचार्यको गतिविधिको सरकारी अभियोग पुष्टि नहुने भुटानी पत्रकारहरूले बताएका छन् । भुटानमा करिब डेढ लाख नेपालीभाषी नागरिकलाई खेद्ने तावासुम कानुनअन्तर्गत पत्रकार आचार्यलाई पनि सजाय दिइएको एपिएफएले जनाएको छ । एपिएफए भुटानले पत्रकार आचार्यको पछिल्लो स्थितिका बारेमा सार्वजनिक जानकारी दिन सरकारसँग माग गरेको छ । एपिएफए भुटानले सिआरसीलगायतलाई आचार्यको जीवन रक्षाको पहल गरिदिनसमेत अनुरोध गरेको छ ।
(नयाँ पत्रिका, जनवरी २१, २००९)

TWMN urges IFJ for Acharya's release

Kathmandu, January 21: The Bhutan Chapter of Third World Media Network (TWMN) has urged the international rights and media bodies to mount pressure on Druk regime for the early release of Shanti Ram Acharya.

Teju Prakash, the general secretary of TWMN-Bhutan Chapter, in a press statement issued from Australia, said the authority's decision to sentence Acharya for seven years and six months, without any reason was not tolerable for Bhutanese media groups in exile.

"Our deep attention has been drawn towards authority's decision to sentence a journalist for such a long time without any specific reason", reads the statement, adding- "The allegations put upon Acharya were baseless and that they were motivated at bringing the media under government's control."

The release further said TWMN – Bhutan Chapter has taken the authority's initiative as a severe attack on media sector.

TWMN- Bhutan Chapter has further urged the International Federation of Journalists (IFJ) to opt for urgent measures to press for the early and unconditional release of Acharya.

The statement also questioned on the independency of judiciary system in the country. "How the authority could say that Acharya was given adequate and fear-free time to plea?" added the statement.

TWMN- Bhutan Chapter has further warned the government of Bhutan that their commitment for complete establishment of media freedom would remain firm despite the latter's attempt to weaken it.
Source: Bhutan News Service

Arrested journo sentenced for 7 years jail term

Kathmandu, January 20: Information received very late confirmed that one of the correspondent of The Bhutan Reporter monthly, published from exile in Nepal, has been sentenced for seven and half years in jail.
"According to the verdict given by High Court, Shanti Ram Acharya, has been alleged of involving in subversive activities against Bhutan by participating in military training conducted by Communist Party of Bhutan (Marxists Leninists Maoists) in Nepal," said Association of Press Freedom Activists (APFA) Bhutan.

Acharya, who had been to Bhutan to meet his relatives, was charged for entering the country to carry out terrorist activities. Arrested on January 16, 2007, Acharya was produced before the court for preliminary hearing on March 16. For two months, he was kept at the police custody where it is obvious he faced tremendous and inhumanly torture to confess the charges.

"The court order claimed that laws and charge sheets were read in Nepali language. However, in the Bhutanese court Nepali is never used in proceedings and there are no Nepali speaking attorneys. Most documents are prepared in Dzongkha which many Nepali speaking Bhutanese do not understand," said APFA.

However, the evidences produced by the police did not mention that Acharya carried out any terrorist activities in Bhutan but only mentioned that he received training with Nepalese Maoists in eastern Nepal. None of the evidence produced by the police speaks that Acharya had acted against Bhutan or Bhutan government. Police charge sheet said he was arrested for taking photograph of an outpost of Royal Bhutan Army with digital camera, which does not substantiate enough evidence to prove his guilt of acting against Bhutan.

Tsa-Wa-Sum, the biggest weapon of the Bhutan government for evicting more than 130,000 Nepali speakers from southern Bhutan in 1990, has again been the weapon to sabotage this innocent youth, 20.

"Just with two appearances before the court, Archarya was compelled to sign the document agreeing with charges slapped on him. The recent example of Gyeltshen (in Bhutan Times) speaks of the extent of torture given to people in Bhutanese police custody compelling them to accept that charges. Acharya, cannot be exception to this," wrote APFA in its statement.

"We believe, Acharya failed to hire attorney for his defense for two reason and these made him become the prey of Bhutanese regime. Bhutan does not have any independent attorney to be hired by individual and lack of financial backup because he was produced at the court without the knowledge of his relatives and family members."

APFA has condemned the charges slapped on him and verdict given by the state-controlled high court and demanded to let him hire independent attorney for his defense and that the case is reviewed again.

APFA Bhutan has demanded to make public the whereabouts and present condition of Acharya and help him contact his family and relatives in and outside Bhutan.

"We seek support from ICRC and other international human rights groups to hire independent attorney for Acharya for defense."

Source: Bhutan News Service

Sword mightier than pen as journalist deaths rise to six

MATT WADE IN NEW DELHI
17/01/2009 1:00:01 AM
IT HAS been a bloody start to this year for media workers on the Indian subcontinent.
Out of the six journalists killed across the world this year, four are from this part of the world.
But that's not unusual. South Asia - which includes India, Pakistan, Bangladesh, Afghanistan, Nepal, Sri Lanka and Bhutan - is the riskiest place on earth for media workers, says the Brussels-based media watchdog, the International News Safety Institute.

It has released figures showing 10 media workers died in India last year, the equal second largest number after Iraq. Pakistan was fifth on the institute's list of most dangerous countries.
"We consider South Asia to be just about the most dangerous region in the world for journalists to work, especially local reports, because almost every country in the region has some sort of conflict going on," said Sarah de Jong, the institute's deputy director.

These conflicts range from little-known insurgencies in India to full-blown wars in Sri Lanka and Afghanistan.

However, the problem is not just one of media workers being caught in crossfire and random acts of violence. Ms De Jong said there had been a worrying rise in the number of South Asian journalists being assassinated.

"There is significant evidence of journalists being targeted to silence their work," she said.
This trend was brutally underscored when a leading Colombo newspaper editor, Lasantha Wickramatunga, was shot dead while driving to work last week. An extraordinary "editorial from the grave" blaming the Sri Lankan Government for his death has made Wickramatunga's assassination all the more controversial.

He was the 16th media worker slain in Sri Lanka over the past three years as war rages between the Government and the Tamil Tigers.

While Colombo mourned Wickramatunga, another cruel assault on freedom of speech was taking place in Nepal. On Sunday night a young journalist was hacked to death by 15 attackers in her apartment at Janakpur, a small town 240 kilometres south-east of the capital Kathmandu.

Uma Singh, in her 20s, was known for her reports on women's rights and politics. She was also a strident critic of the Hindu caste system and the tradition of dowry, where a bride's parents are forced to give cash, jewellery and expensive gifts to the groom at the time of wedding. Locals heard Singh's killers telling her: "This is for writing so much."

She was the fourth journalist killed in Nepal in two years.

In Afghanistan the number of independent media outlets has risen recently, but it is still a hazardous place for reporters, especially those who express views contrary to clerics. The South Asia Media Monitor 2008 records the case of a journalism student, Sayed Perwiz Kambaksh, 23, who was sentenced to death for "disseminating defamatory remarks about Islam" after he wrote an online article criticising local teaching about the rights of women. His sentence was commuted to 20 years.

India has a vibrant media featuring thousands of newspapers and more than 60 news channels. However, journalists are also frequently threatened.

K. K. Katyal, who heads the Indian chapter of the South Asia Free Media Association, said: "This includes physical violence as well as attacks on houses and offices."

The association blames "rogue elements" in political parties, religious groups and insurgency groups for much of this abuse.

Source: http://www.smh.com.au/articles/2009/01/16/1231608988400. ...

Media Impact Study reveals significant change in which Bhutanese view media

January 14: According to Media Impact Study 2008, Bhutanese now see media as source of entertainment. This was not the case five years ago. Bhutanese viewed media as source of information then.There has been a significant change in which Bhutanese people view media today compared to 2003. According to the draft report of the Media Impact Study 2008, media is now seen as source of entertainment. Back then it was seen as a source of information. Siok Sian Pek Dorji, a MedaiComm Consultant said this poses a huge challenge for Bhutanese media. The other significant change is that Bhutanese have adjusted their lives around TV viewing.The study concludes that apart from being a source of news and information, the media is now seen as critical player in the political process in an emerging democracy.The study revealed the growing awareness among the public, the possibility and need to involve, engage and question through media.The study stated that there is a lack of content for children. Bhutanese children are dependent on global TV meaning that they are exposed to global culture more than Bhutanese. It says that Media is not just a watchdog of society but is among the forces that changes the society itself. It says media is constructing new realities and values. The study found that media is changing the way people work, live and think. Other influences of media are in dress, culture, language and behavior.In terms of language, respondents said the media has promoted Dzongkha, particularly since the election debates. Conservatives expressed concerns on emergence of Dzonglish, a mixture of Dzongkha and English. They pointed that the future generation will speak neither English nor Dzongkha well.BBS Radio tops as the main source of news followed by BBS TV and then Kuensel. In terms of entertainment, Kuzoo FM is the main source followed by international TV and then BBS TV. BBS TV and Radio are seen as more credible compared to private radio stations and international Television channels. In terms of press, Bhutanese newspapers enjoy more credibility than international papers.The study stated that competition in the media sector has made people question accuracy and credibility. People generally thought youth are portrayed negatively, gender stereotyped, some media becoming tabloid, political and critic of nation. Respondents felt a need to balance rural-urban stories and wanted more coverage on marriage, citizenship, policies and security clearance. Rural Bhutanese said media is urban-biased. The study emphasizes that the media content must be more Bhutanese and not just imported ideas. And the media must be recognized as a viable industry that has strong impact on society. The study was conducted by the Centre for Media and Democracy with financial support from UNDP.Five Dzongkhags representing east, west, south and the central regions were covered during the study. There were 1,191 respondents

Radio influences mass, newspaper rules decision making

Thimphu, January 15: A recent media impact study by Center for Media and Democracy has revealed that radio still has been the primary source of information for common Bhutanese while newly emerged print media have greater role in influencing decision making at government level.
The radio run by Bhutan Broadcasting Service has covered 33.8 percent of the listeners followed by BBS TV (29.5 percent) and Indian TV (22.3 percent), the research conducted among 1,191 people said. Language, dress, behaviour, thinking and culture are primary areas influenced by media. Though media today has emerged as critical player in politics and democracy, they lack stuffs for children.

49.4 percent respondents say BBS radio is their source of information while 37.6 percent BBS TV and Kuensel has just 27.5 percent share. On the other hand, private radio stations are source of entertainment: Kuzoo FM 35.8 percent. International TV (21.7 percent) and BBS TV (7.7 percent) also inject entertainment capsules.

Following the establishment of local radio station, number of foreign radio listeners has dropped from 33.7 percent in 2003 to nine percent in 2008. BBS TV, launched in 2006, overtook international channels, increasing its viewers from 30 percent to 54 percent.

Newspapers are least popular: 34.6 percent read Kuensel, 21.7 percent Bhutan Times and 20.9 percent Bhutan Observer. Though Dzongkha was the most popular language for TV and radio, for newspapers, English is the preferred language. 14.1 percent said Kuensel as credible source of news, while 6.5 percent said Bhutan Observer and 6.2 percent said Bhutan Times.

Five districts representing the east (Trashigang), west (Thimphu), south (Sarpang, Chukha) and central (Bumthang) regions were covered by the study with 600 rural and 600 urban households.

Source: Bhutan News Service

BBS fined for holding discussion

Thimphu, January 15: Bhutan InfoComm and Media Authority (BICMA) fined the BBS regarding a Panel Discussion on the pre-paid taxi service televised earlier this month.

BICMA has asked the corporation to deposit a sum of Nu 18,000 as fine before January 23, 2009.

A letter dispatched by the BICMA says that it finds no adequate justifications to consider such panel discussions as fair, decent and balanced in line with the Code of Ethics of Journalists.
However, BBS said the discussion was conducted with appropriate representation including the Road Safety and Transport Authority (RSTA) and other stakeholders, adding it was convened as there was public interest and concern over the issue.

Source: Bhutan News Service

Cable operators are concerned

Thimphu, January 15: The national cable operators have come heavily against the introduction of Direct-to-Home (DTH) television commonly known as Dish TV, though it has been welcomed by public.

With this, the cabinet has asked the Bhutan InfoCom and Media Authority to regulate the Dish TV. With the order from the government, BICMA has started working for a regulatory mechanism whereby people will have to buy the DTH from a national dealer.

The cable operators say their viewers would go down if the DTH are allowed to go unchecked and government has to loose the revenue as well. One of them said “We invested a lot in our business but the profit hasn’t been huge. So with the advent of Dish TV we are surely going to lose our business.”

A delegation of the cable operators called on the Prime Minister Jigmi Thinley on December 22 and Minister for Information and Communication Nandalal Rai asking the government to give a solution. PM has assured the cable operators that DTH users will also be taxed.

There are 48 cable operators in the country.
Source: Bhutan News Service

Radio, local TV influence Bhutanese more than Indian channels

Source: Times of India
THIMPHU: Indian 'saas-bahu' soaps may have a considerable viewership in Bhutan but the influence of local radio and television is felt more insofar
as language, dress, behaviour and culture are concerned, a new study says. According to the draft Media Impact Study (MIS) 2008, conducted by the Centre for Media and Democracy, state-run Bhutan Broadcasting Service (BBS) radio had the widest influence (33.8%), followed by BBS TV (29.5%) and Indian TV channels (22.3%). The most visible media influences are in language, dress, behaviour, thinking and culture, says the study which had 1,191 respondents. Though most feel media promoted Dzongkha (Bhutan's national language) after last year's election debates, others think "a significant development is the emergence of Dzonglish (a mixture of English and Dzongkha), particularly among the youth". The visual media's influence on dress, appearance, concept of beauty and behaviour (imitation of TV actors) are other impacts of the media. "The concept of beauty, with traditional notion of beauty being related to health and strength, is being replaced by the hour-glass figure," the study says. A limited number of Indian channels are aired in Bhutan where television came as late as 1999. The BBS mostly telecasts news and discussion. A few local channels have come up in the last couple of years which telecast entertainment programmes in a country where Indian soaps and Bollywood films are a huge hit.

Radio still rules

Posted on Tuesday, January 13 @ 23:27:
Source: www.kuenselonline.com
Newspapers influenced decision makers, broadcast media, mass thinking
14 January, 2009 - What was used five years ago for information is in use today for entertainment.
This was one of the most significant changes in media trends, according to the draft media impact study (MIS) 2008, conducted by the centre for media and democracy.The most visible influences of media are in the language, dress, behaviour, thinking and culture. The study found that Bhutan Broadcasting Service (BBS) radio had the widest influence (33.8 percent), followed by BBS TV (29.5 percent) and Indian TV (22.3 percent). The study had 1191 respondents.
Though most felt that media promoted Dzongkha after the election debates, the study also states that, “a significant development is the emergence of Dzonglish (a mixture of English and Dzongkha), particularly among the youth.”
The visual media’s influence on dress, appearance, concept of beauty and behaviour (imitation of TV actors) are other impacts of the media. “The concept of beauty, with traditional notion of beauty being related to health and strength, is being replaced by the hour glass figure,” says the study.
Newspapers influenced decision makers, while Bhutanese broadcast media had the greatest influence on mass thinking. In terms of culture, Hindi music was replaced by rigsar and youth are taken in by the fast talking radio jockeys.
One significant social change was that, today, Bhutanese have adjusted their lives around TV viewing for, in 2003, 64.5 percent said that TV viewing affected the time they have for work, while today it’s only 16.3 percent.
While media now are critical players in the political process of an emerging democracy, overall, it found that there is a lack of content for children.
In terms of news preference, BBS radio tops as the main source for news. 49.4 percent respondents choose BBS radio, followed by BBS TV (37.6 percent) and Kuensel with 27.5 percent.
Kuzoo FM is the main source of entertainment for 35.8 percent, followed by international TV, 21.7 percent and BBS TV 7.7 percent.
Among other findings, the study states that, with foreign radio jockey (RJ) culture, the private radio’s popularity has grown among youth and the rate of international radio listeners has dropped from 33.7 percent in 2003 to nine percent in 2008.
After the launch of satellite TV in 2006, BBS overtook international channels, with its viewership increasing from 30 percent to 54 percent. The past five years also saw a drastic increase in the use of mobile phones, with more than 250,000 users, compared to 28,000 fixed line users.
Yet, while the digital media became more popular, with eight percent of the respondents having access to Internet, 41.2 percent going to cinema, 44.8 percent watching TV for entertainment and 45.8 percent for news, the study found that newspapers were the least popular.
Among the respondents, 34.6 percent read Kuensel, 21.7 percent Bhutan Times and 20.9 percent Bhutan Observer. Though Dzongkha was the most popular language for TV and radio, for newspapers, it was English.
In terms of news coverage on developmental topics, good governance and culture were seen to be better covered than socio-economic and environmental issues. On content, however, people generally thought that youth were portrayed negatively, along with gender stereotypes, and the media was becoming more tabloidish, political and the nation’s critic. They also saw a need to balance rural-urban stories and wanted more coverage on laws (marriage, citizenship, policies, NOC).
BBS TV and radio enjoy more credibility than private radios and international TV. 29.5 percent believed in BBS TV as compared to 7.5 percent in international TV. In case of press, Bhutanese newspapers were more believable than the international papers.
14.1 percent said Kuensel was a more credible source of news, while 6.5 percent said Bhutan Observer and 6.2 percent said Bhutan Times.
But the competition in the media has made people question accuracy, thus affecting the media’s credibility, says the study. “Many note new sensationalism and degradation in content.”
Five districts representing the east (Trashigang), west (Thimphu), south (Sarpang, Chukha) and central (Bumthang) regions were covered during the survey. The survey sample includes 600 rural and 600 urban households.
By Sonam Pelden