Judgment on Dzongsar Khyentse Rinpoche

Case 43-2018: Dzongsar Khyentse Rinpoche

ETHICAL JUDGMENT

Dear Prosecutor, Public Defender, Ambassador, Secretary and Jury Members of the International Buddhist Ethics Committee (IBEC) and Buddhist Tribunal on Human Rights (BTHR), regarding Case 43-2018 against "Dzongsar Khyentse Rinpoche", on May 09, 2018, it is hereby recorded that the trial of the Committee has been concluded to analyze the violation of Buddhist Ethics by the accused.

After analyzing the presentation of the Case and the validation of the evidence, the Committee has proceeded with the voting of 6 members of the Jury, confirming that there were1 vote for “Insanity”, 1 vote for “Innocent” and 4 votes for "Responsible" to "Dzongsar Khyentse Rinpoche" for the serious crimes of Complicity with Crimes Against Humanity and Violation of Buddhist Law. In interpreting and giving voice to the voting of the Jury members, it is concluded that "Dzongsar Khyentse Rinpoche" has no valid reason to justify his Violations of Buddhist Ethics, which are an affront to the victims of sexual abuse and crimes against humanity by Sogyal Rinpoche. In this regard, the accused "Dzongsar Khyentse Rinpoche" has publicly stated that there would be nothing wrong with the terrible international crimes of Sogyal Rinpoche if they would have occurred in the context of initiations of Vajrayana Buddhism, even stating that the guru should not be criticized or analyzed. Thus, "Dzongsar Khyentse Rinpoche" positions the Vajrayana Buddhism beyond the fulfillment of Law, ignoring that the International Law has established that the tribal and indigenous juridical systems -within which the Buddhist Commune (Sangha) is found- can function autonomously and independently from State Law as long as they comply with the essential requirement of not violating the human rights, as established in the ILO Convention No. 169 on Indigenous Peoples. This means that the illegal practice of Sogyal Rinpoche and "Dzongsar Khyentse Rinpoche" that oppresses the rights of women is totally immoral and must be changed, not because it is not according to a liberal, puritanical, abrahmic or individualistic mind, but because it violates the International Human Rights Law. Precisely, the Buddhist Law has liberty and self-determination to exist and develop itself as long as it does not violate fundamental principles, as established by the excellent jurisprudence of the Constitutional Court of Colombia in its Judgment T 349/96, where it is established that the right to cultural survival and the principle of ethnic and cultural diversity have legal limits, since indigenous communities have legal autonomy but simultaneously cannot practice actions that violate the right to life or the prohibition of slavery and torture. The International Buddhist Ethics Committee, as a Community practising the Buddhist Law as well as the Human Rights, has ruled that the actions of Sogyal Rinpoche supported by Dzongsar Khyentse Rinpoche constitute acts of torture and sexual slavery, so that they violate both the Buddhist Ethics and the International Law. In this way, when Dzongsar Khyentse Rinpoche states that these criminal aspects of Vajrayana cannot be changed just to adapt to the 21st century, he not only demonstrates ignorance and lack of solidarity and remorse when he attacks the victims, but it also constitutes an apology of crime, being specifically an apology of crimes against humanity. Even if it is recognized that the students of Sogyal Rinpoche and Dzongsar Khyentse Rinpoche have voluntarily entered the Vajrayana practices, this does not provide legitimacy or legality to systematically suffering crimes against humanity, such as torture, sexual abuse and forced labor. Unlike the apology of crimes against humanity that has been expressed by Dzongsar Khyentse Rinpoche, the International Buddhist Ethics Committee confirms that the Buddhist Law is not a criminal pathway contrary to accepted laws and beyond morality, the Rule of Law, accountability and transparency, because actually the Buddhist Law is the maximum liberator and defender of the sacredness of life in the history of humanity. Indeed, since the Buddhist Commune (Sangha) has been an example of empathy, mutual support and spiritual love (metta) in the world, then it is stated that the acts of psychological manipulation and cultural distortion carried out by Sogyal Rinpoche and Dzongsar Khyentse Rinpoche constitute a Supreme Offense against International Morality and the Sanctity of the Precepts, trying to destroy and delegitimize the best ethical and spiritual legacy of humanity. However, this lack of altruism towards the victims of Sogyal Rinpoche is not a new act in Dzongsar Khyentse Rinpoche, who has kept 30 years of silence and inaction to the ethnic cleansing carried out in Bhutan, country which, according to evidence, forcibly expelled more than 100,000 citizens of a minority ethnic group, something which would constitute crimes against humanity in the eyes of International Law.

On the other hand, the International Buddhist Ethics Committee establishes the possibility of reaching a Post-Sentence Conciliation Agreement with Dzongsar Khyentse Rinpoche in case the accused wishes the annulment of the charges against him. In order to do good, to stop doing evil, and to purify oneself spiritually, following the Path of all the Buddhas, it is ruled that Dzongsar Khyentse Rinpoche should meet the following requirements: 1) Publicly apologize and subsidize therapeutic and spiritual assistance to the victims of Sogyal Rinpoche; 2) Declare that he will abandon and will condemn the illegal practices that usually occur in the name of Vajrayana and that undermine the rights of women; 3) Commit to fulfill the Buddhist Law at all times and places, and never again validating or legitimizing crimes; 4) Actively denounce crimes against humanity that occur in his native country Bhutan. Until this possible Conciliation Agreement does not happen, the International Buddhist Ethics Committee declares that Dzongsar Khyentse Rinpoche is Responsible for Complicity with Crimes against Humanity and Violation of Buddhist Law.

Two thousand six hundred years ago the Spiritual Commune (Sangha) was born as a People where men and women enjoyed full equality. This is what the Buddhist Law defends as a Spirituality of Liberation, where there are no discriminations based on race, gender or social class. Thus, the Maitriyana denounces the False Buddhism of all those institutions showing patriarchal and sexist traits, because they would have betrayed the founding spirit created by Master Gautama. The Buddhist Law revalues women and never reduces them to a mere sexual object, leading humanity toward Liberation and Self-determination and never toward oppression and slavery. In short, the Maitriyana concludes that the existence of a Spiritual Commune (Sangha) with sexist and hedonistic characteristics represents the total decline of Buddhism. Therefore, the Buddhist Law must be feminist anywhere and anytime, carrying out a Dharmic Feminism that defends the rights of women but without incurring immoral and criminal misalignments that violate human rights, as is the case of neoliberal defense of the decriminalization of abortion that violates the human right to life of the child.

In conclusion, the International Buddhist Ethics Committee has the Purpose (Dharma) for the Buddhist Spirituality to be always on the side of the victims and never endorse abusive criminals, so that anyone attempting against active contemplation, compassionate wisdom and humanitarian ethics will be condemned. Thus, for having violated several of the fundamental laws of Buddhist Law, such as providing ethical and spiritual support to practices of sexual exploitation and torture, it is established that the accused must be expelled from Buddhism, unless he publicly repents and decides to practice and learn a Genuine spiritual Path. In this way, the Case of "Dzongsar Khyentse Rinpoche" is a great lesson for anyone who carries out complicity with sexual abuse to know that it will not be done with impunity.

Following the Path of Master Gautama Buddha, who created and developed a Path of protection and defense of women two thousand six hundred years ago, the International Buddhist Ethics Committee supervises that the Buddhist masters and spiritual communes from all over the world do not violate the Buddhist Law, so that "Dzongsar Khyentse Rinpoche" has been sentenced as Responsible for Complicity with Crimes Against Humanity and Violation of Buddhist Law.

With spirit of reconciliation (maitri),

H.E. Master Maitreya Samyaksambuddha

President and Spiritual Judge of the International Buddhist Ethics Committee (IBEC) and Buddhist Tribunal on Human Rights (BTHR)