Bhutan

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Legal Resources for Andorra The Constitution of The Kingdom of Bhutan 2008 E-Learning Resources eLearning Courses for Criminal Defense lawyers

Background and Legal System

Bhutan is a democratic constitutional monarchy with King Jigme Namgyel Wangchuck as head of state and Prime Minister H.E. Dasho Tshering Tobgay as head of government.

The law in Bhutan is a hybrid system of civil law and common law as it is derived from legislation, treaties, and case law.
The supreme law is the Constitution of 2008. Prior to this Constitution, it came from the fiat of the King of Bhutan and was heavily influenced by English common law and the theocratic Tsa Yig legal code.
Bhutanese law is premised on promoting Gross National Happiness (GNH) that is considered to be more important than their GDP. These laws are passed through a bicameral process requiring the assent of the National Assembly and the National Council of the Parliament and the assent of the King. The final authority on the law remains the Supreme Court. Laws enacted prior to the Constitution remain intact as they do not conflict with it. Furthermore, the law includes regulations and procedural frameworks from agencies of the Ministries with the Cabinet and independent Commissions. Overall, these laws are enforced by the national Police.

Legal Aid

Section 34 of Chapter 5 of the Civil and Criminal Procedure Code of Bhutan 2001 (CCPC) states that ‘only an indigent Accused shall have legal aid provided for one’s defence where the interest of justice so requires’. The legal aid services will be provided by the Legal Aid Centre at Bhutan National Legal Institute (BNLI) in the Supreme Court complex at Hejo. It will include legal advice, assistance, and representation to the indigent person at the expense of the State. Legal aid will be provided by private lawyers and paralegals registered with the Bar Council of Bhutan.
There are currently 119 private lawyers registered with the Bar Council. The Bar Council will also assist the Center in monitoring the quality of the service and taking necessary action when service providers violate their duties.
First, an indigent person is one who cannot provide the necessities of life (food, clothing, shelter) for themselves and one without sufficient means to afford a lawyer. The applicant must qualify for means and merits tests for both criminal and civil cases. These may be directly submitted to the Centre or through relevant institutions. Under the means test, the test will consider household income and disposable capital to determine the applicant’s financial capacity. Under the merits test, the Centre will assess the applicant’s case to decipher the legal problem and assess whether the Centre will grant aid for such an issue.
Second, the services included in the legal aid depends on the type of case (civil/criminal). In civil cases, legal aid services will only include legal advice and assistance. Representation will be granted only if required. In criminal cases, all three types of legal services will be available. However, currently legal aid in criminal cases will only be available to indigent accused charged with offences that are felony in nature. Additionally, the Centre will also provide services to victims and vulnerable persons and offer legal information and education.
Third, it is important to note that children in conflict with the law and persons with permanent physical or mental and social disabilities are provided legal aid and assistance regardless of their financial capacity, when the interest of justice so requires.

Rights of the Accused

Right Against Unlawful Arrests, Searches and Seizures:

Right Against Unlawful Detention:

Right Not to be Tortured or Ill-Treated:

Right to Medical Care:

Right to be Informed of Charges:

Right to Presumption of Innocence:

Right Against Self-Incrimination:

Right to Counsel and Effective Assistance:

Right to Due Process:

Right to Equal Protection of the Laws:

Right to Bail:

Right Against Ex Post Facto Prosecution:

Right Against Double Jeopardy:

Right to a Fair Trial:

• Generally:
• Right to a Trial by Jury:
• Right to a Speedy Trial:
• Right to an Impartial Judge:

Right to Language Interpretation:

Right to Habeas Corpus:

Capital Punishment:

Right to Appeal:

Rights of Counsel

Means of Protecting and Enforcing Rights

Exclusionary Rule:

Nullity of Procedure:

Civil Actions:

Pre-Trial Procedure

Police procedures

Arrest, Search and Seizure Laws:

Interrogation:

Court Procedures

Pre-Trial:

Oral Trial:

Sentencing:

Appeals

Rights in Prison

Right to Humane Conditions of Confinement:

Right to Medical Care in Prison:

Right to Mental Health Care:

Restriction of rights:

Rights of Special Populations:

• Women:
• Juveniles:

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