A/HRC/42/39/Add.1 the International Covenant on Civil and Political Rights, which contains important safeguards in relation to the right to liberty, and to other international human rights treaties. B. National legal framework 10. The Constitution was adopted on 18 July 2008 and marked the country’s transition to a democratic constitutional monarchy. Article 7 (fundamental rights) provides for the right to life, liberty and security of person and prohibits the deprivation of such rights except in accordance with the due process of law (art. 7 (1)). The Constitution also enshrines the prohibition of arbitrary arrest or detention (art. 7 (20)) and the right to consult and be represented by a Jabmi (legal counsellor) of one’s choice (art. 7 (21)). There are exceptions to the above-mentioned rights (art. 7 (22)) in cases involving the sovereignty, security, unity and integrity of Bhutan; the peace, stability and well-being of the nation; or friendly relations with foreign States. Moreover, article 10 (25) stipulates that international conventions, covenants, treaties, protocols and agreements acceded to by the Government after the adoption of the Constitution will become national law only upon ratification by parliament, unless such agreements are inconsistent with the Constitution. 11. The Penal Code, 2004, as amended in 2011, criminalizes illegal arrest (sect. 416). While it is unclear whether the scope of the offence is limited to formal arrest and detention or includes any physical apprehension, in practice section 416 of the Penal Code has been applied quite liberally to include all forms of illegal arrest as long as it is carried out without probable cause. Unlawfully detained persons are subject to compensation under section 212A of the Civil and Criminal Procedure Code (Amendment) Act, 2011. Neither the term “arrest” nor “detention” is defined in the Penal Code. 12. The Civil and Criminal Procedure Code, 2001, sets out general principles of the judiciary, including the independence and impartiality of the judiciary (sects. 2, 5–6 and 15), equality before the law (sect. 3) and the right to a fair and public trial by an independent and impartial court (sect. 4). 13. The Code also includes the right to habeas corpus (sect. 7), but it appears to limit the exercise of that right to family members of detained persons, rather than extending it to detained persons themselves. However, reading section 7 together with section 31.1 (e), the right to habeas corpus is provided to detained persons and also extends to family members. Section 31.1 lists individuals who can register a case and that right extends to detainees, legal counsel or the next of kin. In addition, section 188.1 imposes a legal duty on the concerned authority to produce the arrested person before a judge within 24 hours. 14. A detained person has rights under section 164.5 of the Code to challenge an “improper arrest” and under article 7 (23) of the Constitution to initiate appropriate proceedings in the Supreme or High Court for the enforcement of, among other things, the right not to be subjected to arbitrary arrest or detention, “subject to procedures prescribed by law”. 15. The right to legal aid is stipulated under section 34 of the Civil and Criminal Procedure Code, which states that “only an indigent accused shall have legal aid provided for one’s defence where the interest of justice so requires”. 16. The Working Group urges the Government to amend the country’s Penal Code by introducing legal definitions of the terms “arrest” and “detention” and broadening the scope of the offence of illegal arrest to include any physical apprehension that results in the deprivation of liberty. III. Positive measures and initiatives 17. During its previous visits to Bhutan in 1994 and 1996, the Working Group made a series of recommendations to address the arbitrary deprivation of liberty. Throughout its current visit, the Working Group was encouraged to see that a number of those recommendations had been implemented and progress had been made. 4