A/HRC/42/39/Add.1
(a)
Under the Civil and Criminal Procedure Code, certain criminal offences
are considered to be non-bailable, which reverses the presumption of innocence;
(b)
There is an absence of dedicated pretrial detention facilities for adults in
Bhutan, with adults held in police stations not equipped with the infrastructure and
services to ensure decent conditions of detention and with pretrial detainees often held
together with sentenced individuals awaiting their placement in prisons, a situation that
poses severe impediments to the ability of detainees to prepare for their defence;
(c)
Some juveniles are held in police stations together with adults, a practice
that runs counter to the obligations of Bhutan under the Convention on the Rights of
the Child;
(d)
detainees;
The criminal justice system in Bhutan does not address the needs of female
(e)
A lack of legal representation, with most defendants in criminal matters
not having access to legal representation at crucial stages of their proceedings;
(f)
A continuing low level of legal literacy and awareness among the public,
which in some cases has resulted in the detention of individuals in criminal proceedings
that could have been avoided if they had been aware of the law;
(g)
A widespread practice of deprivation of liberty due to debt, contrary to
international norms. Similarly, there are instances of detention of guarantors in civil
cases;
(h)
Remission of sentences does not take into account the period of time in
which a person was detained in a police station.
86.
The Working Group identified several issues of concern in relation to drugrelated detention, including a lack of judicial control of drug testing of suspects; an
arbitrary distinction between individuals who are eligible for rehabilitation and those
that will be detained; and the inability of individuals to challenge findings of the
treatment assessment panel.
87.
The Working Group observed that persons with psychosocial disabilities mostly
benefit from care within their communities. Apart from a small psychiatric ward in
Jigme Dorji Wangchuck National Referral Hospital in Thimphu, there are currently
no facilities for such individuals in the country.
88.
The Working Group noted that individuals belonging to vulnerable groups, such
as women and children in difficult circumstances, benefited from care in homes and
shelters. Most were not readily able or willing to leave those facilities and, in most cases,
did not attempt to do so.
VII. Recommendations
89.
The Working Group recommends that the Government take the following
measures in relation to international human rights obligations:
(a)
Become a State party to the International Covenant on Civil and Political
Rights, which contains important safeguards in relation to the right to liberty, and other
international human rights treaties, such as the Convention against Torture, the
International Convention for the Protection of All Persons from Enforced
Disappearance and the International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families;
(b)
Accede without further delay to the International Convention on the
Elimination of All Forms of Racial Discrimination and the Convention on the Rights of
Persons with Disabilities.
90.
The Working Group recommends that the Government take the following
measures in relation to its national legal framework:
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