A/HRC/42/39/Add.1 offence do not have the right to refuse to provide a blood or urine sample to the police, and that many do not refuse to do so, particularly when they do not have legal representation. Section 86 of the Narcotic Drugs, Psychotropic Substances and Substance Abuse Act allows for the detention of a suspect who declines to provide a sample. 74. The Working Group learned that, in some instances, detainees with serious addiction problems had been under the influence of drugs and/or alcohol at the time of their arrest and interrogation, casting doubt on whether they were capable of understanding their rights and providing accurate statements to the police, particularly in the absence of family members or legal representation. Moreover, while some detainees had access to effective medical treatment while they were experiencing withdrawal symptoms in the early stages of their detention, others did not. 75. In addition, the Working Group understands that there is a clear delineation between individuals who are eligible for compulsory rehabilitation and those who will be detained. According to information received, persons found in possession of up to 20 pieces (or tablets) of prohibited narcotics are not prosecuted if they admit themselves to a Bhutan Narcotics Control Authority-approved drop-in centre for detoxification, counselling and/or treatment. However, persons in possession of a larger quantity of the same prohibited narcotic (for example, 21 pieces) are subject to prosecution for a criminal offence, such as drug trafficking. The Working Group considers that all persons found to be using prohibited drugs should only participate in treatment on a voluntary basis. All rehabilitation measures should be based upon the prior and informed consent of the patient. 76. The Working Group also understands that the police may refer cases involving drug dependency to the Bhutan Narcotics Control Authority-approved drop-in centres for assessment of whether the person requires counselling, detoxification and compulsory treatment. The decision on the type of treatment required is made by a treatment assessment panel consisting of clinical experts, a peer counsellor and a legal officer. In some cases, police officers were also reportedly members of the panel, which is inappropriate given the role of the police in referring the case in the first place. The Working Group was informed that, if an individual who has been assessed by the panel does not accept its findings, he or she has no right to challenge the decision and is transferred to a three-month programme of compulsory rehabilitation at Serbithang Rehabilitation Centre in Thimphu. Females who are required to undertake rehabilitation are often placed in other centres, such as the Tsaluna Rehabilitation Centre in Thimphu, which is in principle reserved for voluntary treatment. As an alternative to compulsory drug detention and rehabilitation centres, the Working Group urges the Government to continue to make available voluntary, evidence-informed and rights-based health services in the community. 77. Police station registers indicate that a significant number of individuals are currently detained in relation to drug offences, which represents a potentially overwhelming challenge to the efficient and timely operation of the criminal justice system. In addition, many of those interviewed – both service providers and drug dependents – considered that detention was not the best method of dealing with drug dependency. Instead, most interviewees considered that rehabilitation, with an emphasis on avoiding relapse, is far more effective. An early detection treatment model for drug users at high risk is envisaged under chapter VI of the Narcotic Drugs, Psychotropic Substances and Substance Abuse Act through the establishment of institutions with facilities to treat substance abuse through counselling and other rehabilitative programmes, as well as appropriate aftercare. The Working Group considers this to be an appropriate model, which recognizes the importance of addressing drug dependency at the earliest stages. 78. The Working Group wishes to emphasize that the absolute prohibition of arbitrary deprivation of liberty and the safeguards to prevent such instances apply to everyone, including those arrested, detained or charged with drug-related offences, as well as those undergoing compulsory rehabilitation for drug addiction, in accordance with international human rights obligations. 14