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
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