A/HRC/42/39/Add.1 of the Penal Code. The Working Group considers it a good practice to minimize the time that children spend in detention, allowing for better reintegration into society upon completion of the sentence. It recalls that, according to article 37 (b) of the Convention on the Rights of the Child, the arrest, detention or imprisonment of a child should be used only as a measure of last resort and for the shortest appropriate period of time. 26. The Working Group commends the establishment of the first child-friendly court in the country in Thimphu at the end of 2016. That is the first step in the effective implementation of section 38 of the Child Care and Protection Act, 2011, which provides for the establishment of a juvenile justice court or bench to exercise powers under the Act. The efforts of the family and child bench to expedite cases involving children are noteworthy, given that on average it takes about two months to complete the proceedings. The Working Group was informed of the ambitious plans to further expedite the proceedings in cases involving children with a view to completing them within a month. Provided that due process is fully respected, that could constitute effective implementation of section 146 of the Child Care and Protection Act, which requires all inquiries and proceedings relating to child matters to be handled as expeditiously as possible. The Working Group was pleased to learn of plans of the judiciary to strengthen capacity development of the judges and bench clerks on familyand child-related cases, as well as to equip existing courts with the necessary infrastructure for such proceedings. The Working Group urges the Government to expedite the implementation of that commitment. 27. The programme put in place to divert children from the criminal justice system in juvenile matters, in accordance with chapter 12 of the Child Care and Protection Act, is also a step forward. The Working Group was informed that nine children were diverted from the criminal justice system in 2017, which appears to be a low number. The Government should increase its efforts to use the diversion programme to ensure that, whenever possible, children do not come into contact with the criminal justice system. The Government should also strengthen the capacity of the National Commission for Women and Children, especially by increasing the number of its professional counsellors and social workers, to enhance the diversion programme and its effectiveness. 28. The Working Group also notes the process of developing a standard operating procedure to harmonize the existing legislation concerning children in conflict with the law and to streamline approaches of various law enforcement agencies in the area of juvenile justice. E. Expeditious trials 29. The Working Group notes that section 188 of the Civil and Criminal Procedure Code of Bhutan, 2001 stipulates the right of all defendants in criminal proceedings to a speedy trial. It was informed that, in practice, most trials are completed within a year from the start of the proceedings, and it was able to confirm that positive development during its visit. F. Detention prior to sentence 30. In accordance with section 211 of the Civil and Criminal Procedure Code, when a defendant sentenced to imprisonment has previously been detained in relation to the same offence, the time already served in detention is deducted from the sentence. According to the testimony received, that provision is consistently applied in practice. The Working Group welcomes the compliance of Bhutan with its obligations under international human rights law. G. Immigration control 31. The Working Group understands that there are no immigration detention facilities in the country and that the current practice is to seek the assistance of the police to hold those who have been found to be in breach of the Immigration Act, 2007. The lack of immigration detention facilities appears to have contributed to relatively few cases of immigration 6

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