A/HRC/42/39/Add.1
C.
Deprivation of liberty in the context of psychosocial disability and social
care
79.
There are currently no facilities for individuals with psychosocial disabilities in the
country apart from a small psychiatric ward in Jigme Dorji Wangchuck National Referral
Hospital in Thimphu. Although the overall capacity of the ward is 20, it is divided into two
units: one for persons with psychosocial disabilities and the other for alcohol and drug
dependent persons in detoxification programmes. This means that there are only 10 beds in
the ward for persons with psychosocial disabilities. In addition, there are mental health focal
points in every hospital and basic health unit. Health professionals are trained on a
community approach to mental health care.
80.
The approach has been to provide care in the community which, as long as appropriate
and adequate professional care is ensured to everyone who requires it, is commendable. The
Working Group encourages the Government to increase its efforts to provide appropriate
professional medical care in the community to those with psychosocial disabilities. In
addition, the Government should increase the number and professional capacity of the
medical professionals who provide care in the psychiatric ward of the National Referral
Hospital, consistent with its signing of the Convention on the Rights of Persons with
Disabilities in 2010. The Government should accede to that international instrument without
delay.
81.
Finally, there are homes and shelters operating for vulnerable groups, including
women and children facing difficult circumstances, such as domestic violence. The Working
Group observed that, in some cases, the residents of such homes and shelters were not readily
able or willing to leave the facility and, in most cases, did not attempt to do so. The homes
and shelters are providing a vital social service to people most in need who would otherwise
have no place to live. The Working Group encourages the Government to continue to provide
support to such homes and shelters so that their residents are able to reintegrate into the
community.
V. Implementation of opinions adopted by the Working Group
82.
Since its establishment, the Working Group has adopted four opinions involving
Bhutan (see appendix II). The Working Group invites the Government to submit updated
information, including on whether the subjects of those opinions whose deprivation of liberty
has been found to be arbitrary have been released, whether reparations have been made to
them and whether any other action has been taken to implement the recommendations.
VI. Conclusions
83.
The Working Group appreciates and commends the willingness of the
Government to submit itself to scrutiny through the visit and considers that the findings
in the present report offer an opportunity to support the Government in addressing
situations of arbitrary deprivation of liberty.
84.
The Working Group observed many positive changes across Bhutan in relation
to the deprivation of liberty, including: the regular observance by the police of the
requirement to present an individual before a judge within the 24-hour time limit; the
use of open-air prisons; the growth of civil society and the legal profession; progress
with regard to juvenile justice, in particular relating to sentencing and the introduction
of family and child benches and diversion programmes; expeditious trials; and the
consistent use of custody registers.
85.
The Working Group identified systemic problems within the criminal justice
system that placed defendants at a high risk of arbitrary detention or in conditions of
detention that might affect their ability to exercise their fair trial rights or to seek
release:
15
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents