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: 16

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