A/HRC/42/39/Add.1 45. In principle, the decision of the authorities in Thimphu is constructive and the Working Group commends the flexible approach of the authorities to maximize the use of existing empty facilities to ensure better conditions of detention for other groups of detainees. However, during its visit to Thimphu police station, the Working Group met with a number of juveniles in pretrial detention being held together with adults convicted in civil cases; the juveniles had been relocated only very recently after being initially held together with adult males in pretrial detention. The juveniles were subjected to the same regimes as adult pretrial detainees, spending 23 hours a day in their cells, without any purposeful activities and having no access to education. 46. International law requires that juveniles should be separated from adults in detention, as enshrined in article 37 (c) of the Convention on the Rights of the Child and also required by article 49 of the Child Care and Protection Act. The Working Group calls upon the authorities to strictly adhere to that obligation. The Working Group also calls upon the Government to ensure that children in pretrial detention have access to education and adequate opportunities to participate in sports, physical exercise and leisure-time activities, in accordance with paragraphs 32 and 38 of the United Nations Rules for the Protection of Juveniles Deprived of their Liberty. 4. Female detainees 47. The Working Group observed that the criminal justice system does not address the needs of female detainees. For example, there is no dedicated prison facility for convicted female inmates, as the current facility used to detain women at Chamgang Prison is an interim measure until a more permanent facility is constructed. In addition, there is no pretrial detention centre for women, and the Working Group observed various ad hoc arrangements for holding female pretrial detainees. For example, female inmates were occupying the juvenile pretrial detention facility at the pretrial detention centre for children in Thimphu. Furthermore, in Phuntsholing, three female detainees were being detained in very close proximity to the male detainees in the police station, while the juvenile pretrial detention unit, only a few paces away from the same police station, was empty and, in the absence of a dedicated centre for women, could have been used to hold the three females. 48. There is only one open-air prison for women at Dawakha, Paro, and female inmates are not currently able to transfer from Chamgang Prison to an open-air prison in another part of the country to be closer to their family and community. 49. Finally, the Working Group understands that there is currently no dedicated operational drug rehabilitation facility for the treatment of drug-dependent females, as the Serbithang rehabilitation centre is only for men. That is reportedly due to the limited number of drug-dependent females, who are currently referred for treatment at centres operated by the Youth Development Fund. The Working Group was informed that, in the event of an increase in the number of female clients, treatment would be made operational at the Serbithang facility, which already had the required structure and trained female counsellors in place. 50. In line with its obligations under the Convention on the Elimination of All Forms of Discrimination against Women, the Government should ensure dedicated and appropriate detention facilities to accommodate all female detainees. 5. Detention of members of the lesbian, gay, bisexual, transgender and intersex community 51. The Working Group notes that the Penal Code criminalizes homosexuality, which is a punishable offence under the law (sects. 213–214). In that regard, it recalls its earlier jurisprudence, in which it found that similar domestic provisions violated the Universal Declaration of Human Rights. More specifically, sexual orientation is a prohibited ground of discrimination under existing international human rights law and any detention resulting from such discrimination is considered arbitrary. 3 3 Opinion No. 14/2017, para. 51. 9

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