A/HRC/42/39/Add.1 38. The Working Group therefore urges the Government to remove non-bailable offences from the Civil and Criminal Procedure Code and any other criminal legislation so that all detainees have the right to seek an individualized assessment by a judicial authority of whether pretrial detention is reasonable and necessary in their case. 2. Pretrial detention 39. The Working Group observed that, while there are some dedicated pretrial detention facilities for children, there are no dedicated pretrial detention facilities for adults in Bhutan. Instead, pretrial detainees are held in police stations where they constitute the vast majority of detainees. Periods of pretrial detention outside Thimphu are not excessive, which is commendable, but they are still longer than a few days, which would normally be an acceptable period of time for someone to be held at a police station. The Working Group observed that, in some instances, pretrial detainees were held together with sentenced individuals awaiting their placement in prisons. 40. Police stations are not equipped for holding people for longer than a few days, as they do not have the requisite space and facilities to accommodate individuals for longer periods of time. Pretrial detention should take place in appropriate facilities suitable for the length of such detention. Any regime applicable to pretrial detention facilities must respect the nonconvicted status of individuals and their presumption of innocence. 41. The Working Group observed pretrial detainees held in cells with no purposeful activities and allowed out of their cells only for very short periods, so that they effectively spend 23 hours a day in the cells. There was also a lack of beds, mattresses and warm blankets in some police stations, which was cause for concern given the winter weather conditions. Pretrial detainees should be allowed to enjoy meaningful out-of-cell time and should be provided with a choice of purposeful activities. Anyone in detention, including those held in pretrial detention, must be allowed to spend a reasonable part of the day outside their cells, in addition to at least one hour of exercise in the open air. All detainees should be provided with bedding appropriate for the prevailing weather conditions.2 42. The Working Group was disturbed to hear of instances of informal punishment when police guards required the detainees to perform “military drills” such as frog jumps, log rolls and sit-ups. In one facility, the detainees were required to hold their hands behind their backs as they walked as a sign of respect for the police officers. All forms of punishment must be accompanied by safeguards against arbitrary application and any type of punishment must be respectful of human dignity. During the visit, the Working Group urged the Government to put an immediate end to all forms of informal punishment. It welcomes the news that Royal Bhutan Police Headquarters has acted upon its recommendation by issuing a notice to that effect in February 2019. 43. While its mandate does not focus on conditions of detention or the treatment of prisoners, the Working Group must consider to what extent detention conditions can negatively affect the ability of detainees to prepare their defence and their chances of a fair trial. Holding pretrial detainees in facilities entirely unsuited for such a purpose, such as police stations that are not equipped with the infrastructure and services to ensure decent conditions of detention, poses impediments to the ability of the detainees to prepare for their defence. The Working Group urges the respective authorities to cease the holding of pretrial detainees in facilities not suited to such a purpose (A/HRC/39/45/Add.1, para. 40). 3. Pretrial detention of juveniles 44. The Working Group visited dedicated pretrial detention facilities for children in Thimphu and Phuntsholing. The authorities explained that the facilities were not used to hold children in conflict with the law due to the lack of a need for such detention. Thus, the facility in Thimphu was used to hold women in pretrial detention and those convicted in civil cases, while the facility in Phuntsholing had been empty since August 2018. 2 8 United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), rules 4 (2), 13, 21 and 23.