UN Working group on arbitrary detention conclude Bhutan visit
Working Group on Arbitrary Detention of the UN has concluded its third visit to Bhutan making several recommendations to the government to improve the situation of people in detention.
Bhutan was the first country to welcome a visit by the Working Group in October 1994. This was followed by a second visit in April-May 1996.
At a press conference at UN House Thimphu on Friday, Leigh Toomey is the Vice-Chair of the visit group, said, “We came across and are aware that a large number of detainees are currently being held because they haven’t been able to comply with commercial agreement, in other words, to pay loan back or to pay a debt. In some cases, we found that the period of detention for these people was quite extensive, particularly in Thimphu and in Paro.”
He further said, “Under international law, it is not permitted and is considered an example of arbitrator detention. We would also recommend that alternatives be put in place. It’s the view of the working group that there are effective alternatives to imprisonment for debt. For example, flexible repayment schedule or allowing the debtor to actually work on the debt rather than being detained.”
The team had visited 20 places of deprivation of liberty in Thimphu, Chhukkha, Paro, Punakha and Samtse.
“We understand that, as in every country, legal aid and legal representation is costly but we would urge the government to look at a range of things, such as private lawyers providing pro bono service as a condition of their obtaining a practicing certificate and perhaps making greater use of the new students who are being trained at law schools in a clinical legal setting to provide basic legal advice to detainees who would otherwise have no lawyer,” Leigh Toomey said.
“The facilities are not adequate for the detention of such persons. Adults are being held in police stations for extensive period on pre-trial detention and in some circumstances without being allowed out of their cells for a reasonable period of time during the day and in some cases without adequate bedding, particularly in winter.”
The team will compile their findings into a report and present it to the UN Human Rights Council in September this year. The final report is expected to include the case of arbitrary detention of political activists from south and east Bhutan.