A/HRC/42/39/Add.1
(c)
In line with its obligations under the Convention on the Elimination of All
Forms of Discrimination against Women, ensure that dedicated and appropriate
detention facilities are available to accommodate female detainees;
(d)
Develop standard operating procedures or other policies requiring the
Royal Bhutan Police to ensure that all persons in its custody are informed of their right
to legal representation and are able to exercise that right effectively in practice;
(e)
Further review the remaining cases of persons detained under national
security legislation to reassess whether there were any procedural irregularities during
the proceedings that occurred in the absence of legal counsel. The Working Group
stands ready to provide technical assistance to that end;
(f)
Ensure that legal representation is prioritized for persons facing criminal
charges that may result in life imprisonment and for juveniles charged with serious
criminal offences;
(g)
As a matter of urgency, explore options to improve the provision of legal
representation, including:
(i)
Raising awareness of the legal aid fund established to provide free legal
representation in criminal matters, and developing guidelines on how the legal
aid fund will be accessed and used;
(ii)
Encouraging pro bono services by private lawyers;
(iii) Seeking free legal advice from the growing number of law students being
trained at Jigme Singye Wangchuck School of Law, as part of their education;
(iv) Continuing to use the Jabmi system for the provision of basic legal services
to assist in ensuring that more criminal defendants have access to legal advice;
(v)
Making greater use of alternative mechanisms for resolving disputes (such
as mediation or resolution of minor criminal matters at the gewog level) to reduce
pressure on the legal aid fund and on the legal system overall;
(vi) Determining a specific central agency that provides publicly funded
defence counsel to those most in need of legal assistance;
(h)
Streamline the practice of detention registers to ensure that the various
registers do not duplicate the information they contain and are duly completed;
(i)
In cooperation with the Office of the Attorney General and the Bhutan
National Legal Institute and in consultation with relevant law enforcement agencies,
determine areas in which greater legal literacy is required and develop and disseminate
information on those topics to the community, particularly among disadvantaged
members of the community;
(j)
Immediately cease the practice of detaining persons because they owe a
debt and implement alternative measures of debt recovery, such as the deduction of
debt payments from salaries and flexible repayment schedules;
(k)
Immediately cease the practice of detaining guarantors, and make greater
use of alternatives to such detention such as requiring the guarantor to forfeit a bond if
the detainee does not meet the terms of a decree or order;
(l)
Ensure that the remission of sentences applies to all detainees who
demonstrate good conduct, and that it takes into account all of the time that a person
has spent in detention, including time spent at a police station;
(m) Ensure that all forms of punishment are accompanied by safeguards
against arbitrary application and that all punishment is respectful of human dignity,
including by ensuring ongoing implementation of the notice issued by Royal Bhutan
Police Headquarters to put an end to all forms of informal punishments.
93.
The Working Group recommends that the Government take the following
measures in relation to deprivation of liberty in the context of drug control:
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