A/HRC/42/39/Add.1
able to locate a guarantor, as they do not have a relative who was willing or able to provide
a guarantee, and they have therefore not been able to benefit from such transfers.
68.
In addition, according to some interviewees, if a detainee for whom a guarantee has
been provided absconds from the place of detention, the guarantor will be detained until the
detainee is located. The detention of a person who provides a guarantee but has not committed
any criminal offence is inherently arbitrary. The Working Group recommends that the
Government immediately cease that practice. Alternatives to such detention exist, including
requiring the guarantor to forfeit a bond if the detainee does not meet the terms of a decree
or order.
10.
Remission of sentences
69.
Since 2013, any prisoner who is assessed by the good conduct review committee
operating in each prison as having demonstrated good conduct while serving a sentence will
be eligible for a reduction (or remission) of their sentence by one month in each year. The
initiative is an example of a positive detention practice, as it allows for the earlier release of
prisoners who have demonstrated through their good behaviour that they have been
rehabilitated and are ready to be reintegrated into society. The granting of remission also
represents important progress for the Government in strengthening rehabilitative and
reformative programmes for inmates, as envisaged in its twelfth Five Year Plan.
70.
However, the granting of remission does not take into account the period of time in
which a person was detained in a police station. According to testimony received, some
detainees are held in police stations for lengthy periods – in initial police custody, during
pretrial detention, while awaiting trial, following conviction (until their transfer to a prison
facility) and pending the hearing of appeal proceedings. As a result, despite having spent a
period of detention in a police station, detainees do not gain the benefit of remission for that
time. In some cases, detainees effectively have to choose between appealing their case, which
may entail a further waiting period in police custody, and not pursuing the appeal so that they
can be transferred to a prison facility where the period of detention is taken into account in
calculating remission of the sentence.
71.
Moreover, remission only extends to detainees who have entered into a remission
agreement for good conduct. The Working Group was informed that signature of such an
agreement usually takes place once the detainee is transferred to a prison. The granting of
remission should automatically apply to all detainees who have demonstrated good conduct
and should be based upon all of the time that a person has spent in detention, including time
spent at a police station.
B.
Deprivation of liberty in the context of drug control
72.
Drug and alcohol addiction is a serious and growing concern across Bhutan. It is clear
to the Working Group that there is strong political will on the part of the authorities to
effectively address that problem. This should be done in full respect of all human rights and
through health-related policies. Bhutan should avoid criminalization of consumption and
detention of substance consumers.
73.
There are several issues of concern to the Working Group in relation to drug-related
detention. According to statistics provided by the Royal Bhutan Police, 530 people were
subject to criminal proceedings for drug offences across the country in 2018. The Working
Group interviewed many detainees who had been charged with or convicted of drug-related
offences, particularly in relation to the personal possession and consumption of psychotropic
drugs, such as Spasmo Proxyvon Plus (SP+). According to section 85 of the Narcotic Drugs,
Psychotropic Substances and Substance Abuse Act, 2015, an agency designated by the
Bhutan Narcotics Control Authority may conduct drug testing of any person who causes a
public nuisance or poses a probable risk to the public and is suspected on reasonable grounds
of having consumed or of consuming any substances controlled under the Act in any public
place. There appears to be no judicial control of the circumstances in which an agency or the
police may obtain a blood or urine sample, which can be obtained without a warrant. The
Working Group was informed that persons arrested on suspicion of having committed a drug
13
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents