A/HRC/42/39/Add.1
at the gewog, or village group, level) could also assist in reducing pressure on the legal aid
fund and on the legal system overall. In the longer term, it will be important to determine a
specific central agency that provides publicly funded defence counsel to those most in need
of legal assistance.
58.
Moreover, during its first visit to Bhutan, in 1994, the Working Group examined the
situation of individuals detained under national security legislation enacted in 1992. It
recommended that the Government conduct a review of such cases. By the time of the
Working Group’s follow-up visit to the country in 1996, the Government reported that it had
done so. Subsequent to its follow-up visit, the Working Group deemed that the 15
recommendations that it had made in 1994 had generally been implemented
(E/CN.4/1997/4/Add.3, para. 55). It noted that the estimated 300 persons held in the
Chamgang Central Prison under the National Security Act was taken before a judge and then
either released or put on trial, and that 19 of those individuals had been granted an amnesty
by Royal Decree.
59.
In the course of its 2019 visit, the Working Group interviewed several prisoners that
had been imprisoned under national security legislation. A number of them had been in prison
serving life sentences. There is no parole for a life sentence in Bhutan; as a result, those
detainees serving life sentences have no prospect of release, with the exception of amnesty.
During its interviews with the detainees, the Working Group was again informed of a number
of due process violations when the individuals had been tried some 25 years ago. The
Working Group is aware that, at the time, there were no legal practitioners in the country, as
noted in the Working Group’s report following the 1994 visit (E/CN.4/1995/31/Add.3, para.
27). However, in that report, the Working Group specified that individuals accused of
terrorism offences should have legal representation. It appears that such representation was
not always provided, which is of particular concern in the case of those sentenced to longterm or life imprisonment. Many prisoners argued that they had missed the 10-day appeal
period as they did not understand their right to appeal. Many reported having being convicted
for actions that appeared to the Working Group to be unrelated to terrorism. The Working
Group recommends that the situation of those detainees be reviewed again to determine
whether there were any due process violations that may have led to their conviction.
7.
Legal literacy and awareness
60.
In general, the Working Group noted a low level of legal literacy and awareness
among the individuals interviewed during the visit, an observation that it also made at the
conclusion of its follow-up visit in 1996 (E/CN.4/1997/4/Add.3, para. 54 (d) (i)). In some
cases, the lack of legal awareness resulted in the detention of individuals in criminal
proceedings, which could have been avoided if they had been aware of the law. That was
particularly true of criminal defendants who had not had access to legal advice. For example,
the Working Group was informed of several cases in which young men were facing a
potential minimum sentence of nine years’ imprisonment for the rape of a child above 12
years of age. In those cases, the defendants had not been aware that consensual sexual
relationships with a person between the age of 16 and below 18 amounted to a criminal
offence. Similarly, a large number of individuals were currently detained in Thimphu and
Paro in relation to civil cases for having failed to repay or otherwise meet the terms of a loan
which, in most cases, was due to a lack of understanding of the obligations contained in
commercial agreements.
61.
The Office of the Attorney-General and the Bhutan National Legal Institute have a
key role to play in disseminating information on these and other legal issues to the
community, in cooperation with relevant law enforcement agencies. The Working Group
notes that there is interest among government agencies in improving legal literacy,
particularly among disadvantaged members of the community, which is a very positive
development. One of the strategies in strengthening justice services and institutions in the
twelfth Five Year Plan involves ensuring that citizens are aware of laws and procedures. The
Working Group urges the authorities to expedite the implementation of that initiative.
11
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