Bhutan - Revision history

IBJadmin: /* Rights in Prison */

2025-02-27T14:21:27Z

Rights in Prison

← Older revision		Revision as of 16:21, 27 February 2025
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	<br>It does not have any legal protections against unlawful institutionalisation, coercive medication and therapies, and inappropriate detentions for psychiatric evaluations in the absence of psychotic symptoms.		<br>It does not have any legal protections against unlawful institutionalisation, coercive medication and therapies, and inappropriate detentions for psychiatric evaluations in the absence of psychotic symptoms.
	<br>Treatment including the supply of psychotropic drugs are provided freely by the government. As a result, only a few are brought from the criminal justice system or from prison to be admitted to hospitals.		<br>Treatment including the supply of psychotropic drugs are provided freely by the government. As a result, only a few are brought from the criminal justice system or from prison to be admitted to hospitals.
	<br><br><br>		<br><br><br></ul>

	==Resources==		==Resources==
	<li> U.S Department of State, ‘Bhutan - United States Department of State’ (United States Department of State20 March 2023) <https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/bhutan/>.		<li> U.S Department of State, ‘Bhutan - United States Department of State’ (United States Department of State20 March 2023) <https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/bhutan/>.

IBJadmin: /* Means of Protecting and Enforcing Rights */

2025-02-27T14:20:16Z

Means of Protecting and Enforcing Rights

← Older revision		Revision as of 16:20, 27 February 2025
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	<br><u> Chapter 16 of the CCPC</u> outlines information with respect to contempt.		<br><u> Chapter 16 of the CCPC</u> outlines information with respect to contempt.
	<br>A person showing disrespect to the Court during proceedings can be subjected to criminal or civil sanctions in accordance with the laws of contempt. <br>Disrespect may take the form of interference with a case, failing to comply with judicial orders or obstructing the course of justice.		<br>A person showing disrespect to the Court during proceedings can be subjected to criminal or civil sanctions in accordance with the laws of contempt. <br>Disrespect may take the form of interference with a case, failing to comply with judicial orders or obstructing the course of justice.
	<br><br>~~<br>~~		<br><br>

	==Court Procedures==		==Court Procedures==

IBJadmin: /* Rights of Counsel */

2025-02-27T14:20:10Z

Rights of Counsel

← Older revision		Revision as of 16:20, 27 February 2025
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	<br>Additionally, the defendant has the right to confidential communication with their representation. <u>Section 33 of Chapter 4 of 2003 Jabmi Act</u> states that all organisations shall recognize and respect any communications and consultations between ''Jabmis'' and their clients within their professional relationship, which are deemed confidential.		<br>Additionally, the defendant has the right to confidential communication with their representation. <u>Section 33 of Chapter 4 of 2003 Jabmi Act</u> states that all organisations shall recognize and respect any communications and consultations between ''Jabmis'' and their clients within their professional relationship, which are deemed confidential.
	<br><br>Furthermore, under <u>Section 22 of Article 7 of the Constitution</u>, all rights that are conferred under <u>Article 7</u> can be reasonably restricted by the law when it concerns interests of sovereignty, peace, stability, friendly relations, incitement to an offence on the grounds of race, sex, language, religion or region, and the rights and freedoms of others.		<br><br>Furthermore, under <u>Section 22 of Article 7 of the Constitution</u>, all rights that are conferred under <u>Article 7</u> can be reasonably restricted by the law when it concerns interests of sovereignty, peace, stability, friendly relations, incitement to an offence on the grounds of race, sex, language, religion or region, and the rights and freedoms of others.
	<br><br>~~<br>~~		<br><br>

	==Means of Protecting and Enforcing Rights==		==Means of Protecting and Enforcing Rights==

IBJadmin: /* Rights of the Accused */

2025-02-27T14:19:27Z

Rights of the Accused

← Older revision		Revision as of 16:19, 27 February 2025
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	<li>'''Right to Presumption of Innocence:'''		<li>'''Right to Presumption of Innocence:'''
	<br><u>Section 16 of Article 7 of the Constitution</u> confers the right to presumption of innocence until proven guilty in accordance with the law.		<br><u>Section 16 of Article 7 of the Constitution</u> confers the right to presumption of innocence until proven guilty in accordance with the law.
	~~<br>~~
	~~<br>~~


	~~<li>'''Right Against Self-Incrimination:'''~~



	<br>		<br>
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	<li>'''Right to Appeal:'''		<li>'''Right to Appeal:'''
	<br><u>Section 23 of Article 7 of the Constitution</u> allows all persons in Bhutan the right to initiate appropriate proceedings in the Supreme Court or the High Court for the enforcement of the rights conferred by <u>Article 7 of the Constitution</u>, subject to restrictions in <u>Section 22 of the Article</u> and procedures prescribed by the law.		<br><u>Section 23 of Article 7 of the Constitution</u> allows all persons in Bhutan the right to initiate appropriate proceedings in the Supreme Court or the High Court for the enforcement of the rights conferred by <u>Article 7 of the Constitution</u>, subject to restrictions in <u>Section 22 of the Article</u> and procedures prescribed by the law.
	<br><br><br>		<br><br><br>

	==Rights of Counsel==		==Rights of Counsel==

IBJadmin: /* Legal Aid */

2025-02-27T14:18:51Z

Legal Aid

← Older revision		Revision as of 16:18, 27 February 2025
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	<br>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.		<br>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.
	<br>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.		<br>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.
	<br><br>~~<br>~~		<br><br>

	==Source of Defendants Rights==		==Source of Defendants Rights==

IBJadmin: /* Background and Legal System */

2025-02-27T14:18:33Z

Background and Legal System

← Older revision		Revision as of 16:18, 27 February 2025
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	<br>		<br>


	==Legal Aid==		==Legal Aid==

IBJadmin at 15:07, 20 February 2025

2025-02-20T15:07:43Z

← Older revision		Revision as of 17:07, 20 February 2025
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	* [http://elearning.ibj.org eLearning Courses for Criminal Defense lawyers]		* [http://elearning.ibj.org eLearning Courses for Criminal Defense lawyers]
	\|}		\|}


	==Background and Legal System==		==Background and Legal System==

IBJadmin at 15:07, 20 February 2025

2025-02-20T15:07:08Z

← Older revision		Revision as of 17:07, 20 February 2025
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	<br>		<br>



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	<br>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.		<br>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.
	<br>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.		<br>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.
			<br><br><br>
	==Source of Defendants Rights==		==Source of Defendants Rights==

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	<li> the '''Civil and Criminal Procedure Code of Bhutan (CCPC) 2001'''		<li> the '''Civil and Criminal Procedure Code of Bhutan (CCPC) 2001'''
	<li> the '''Penal Code of Bhutan (PCB) 2004'''		<li> the '''Penal Code of Bhutan (PCB) 2004'''
			<br><br>
	<br>
	<br>

	==Rights of the Accused==		==Rights of the Accused==

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	<li>'''Right to Appeal:'''		<li>'''Right to Appeal:'''
	<br><u>Section 23 of Article 7 of the Constitution</u> allows all persons in Bhutan the right to initiate appropriate proceedings in the Supreme Court or the High Court for the enforcement of the rights conferred by <u>Article 7 of the Constitution</u>, subject to restrictions in <u>Section 22 of the Article</u> and procedures prescribed by the law.		<br><u>Section 23 of Article 7 of the Constitution</u> allows all persons in Bhutan the right to initiate appropriate proceedings in the Supreme Court or the High Court for the enforcement of the rights conferred by <u>Article 7 of the Constitution</u>, subject to restrictions in <u>Section 22 of the Article</u> and procedures prescribed by the law.
			<br><br><br>
	<br>
	<br>

	==Rights of Counsel==		==Rights of Counsel==

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	<br>Additionally, the defendant has the right to confidential communication with their representation. <u>Section 33 of Chapter 4 of 2003 Jabmi Act</u> states that all organisations shall recognize and respect any communications and consultations between ''Jabmis'' and their clients within their professional relationship, which are deemed confidential.		<br>Additionally, the defendant has the right to confidential communication with their representation. <u>Section 33 of Chapter 4 of 2003 Jabmi Act</u> states that all organisations shall recognize and respect any communications and consultations between ''Jabmis'' and their clients within their professional relationship, which are deemed confidential.
	<br><br>Furthermore, under <u>Section 22 of Article 7 of the Constitution</u>, all rights that are conferred under <u>Article 7</u> can be reasonably restricted by the law when it concerns interests of sovereignty, peace, stability, friendly relations, incitement to an offence on the grounds of race, sex, language, religion or region, and the rights and freedoms of others.		<br><br>Furthermore, under <u>Section 22 of Article 7 of the Constitution</u>, all rights that are conferred under <u>Article 7</u> can be reasonably restricted by the law when it concerns interests of sovereignty, peace, stability, friendly relations, incitement to an offence on the grounds of race, sex, language, religion or region, and the rights and freedoms of others.
			<br><br><br>
	<br>

	==Means of Protecting and Enforcing Rights==		==Means of Protecting and Enforcing Rights==

	'''Contempt:'''		'''Contempt:'''
	<br><u> Chapter 16 of the CCPC</u> outlines information with respect to contempt.		<br><u> Chapter 16 of the CCPC</u> outlines information with respect to contempt.
	<br>A person showing disrespect to the Court during proceedings can be subjected to criminal or civil sanctions in accordance with the laws of contempt. <br>Disrespect may take the form of interference with a case, failing to comply with judicial orders or obstructing the course of justice. <br>		<br>A person showing disrespect to the Court during proceedings can be subjected to criminal or civil sanctions in accordance with the laws of contempt. <br>Disrespect may take the form of interference with a case, failing to comply with judicial orders or obstructing the course of justice.
	<br>		<br><br><br>

	~~==Pre-Trial Procedure==~~

	~~'''Police procedures'''~~

	~~<li>''Arrest, Search and Seizure Laws:''~~




	~~<li>''Interrogation:''~~


	<br>

	==Court Procedures==		==Court Procedures==

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	<br><br>The Appellate Court may dismiss the appeal, reverse all or part of the judgment, remand the case to the lower Court with instructions, order a new proceeding or charge reasonable costs to be paid by the party submitting the appeal if the appeal is dismissed.		<br><br>The Appellate Court may dismiss the appeal, reverse all or part of the judgment, remand the case to the lower Court with instructions, order a new proceeding or charge reasonable costs to be paid by the party submitting the appeal if the appeal is dismissed.
	<br><br>Any party having fully exhausted the judicial appeal process and still aggrieved by the decision can appeal to His Majesty the Druk Gyalpo.		<br><br>Any party having fully exhausted the judicial appeal process and still aggrieved by the decision can appeal to His Majesty the Druk Gyalpo.
	<br>		<br><br><br>
	<br>

	==Rights in Prison==		==Rights in Prison==

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	<br>It does not have any legal protections against unlawful institutionalisation, coercive medication and therapies, and inappropriate detentions for psychiatric evaluations in the absence of psychotic symptoms.		<br>It does not have any legal protections against unlawful institutionalisation, coercive medication and therapies, and inappropriate detentions for psychiatric evaluations in the absence of psychotic symptoms.
	<br>Treatment including the supply of psychotropic drugs are provided freely by the government. As a result, only a few are brought from the criminal justice system or from prison to be admitted to hospitals.		<br>Treatment including the supply of psychotropic drugs are provided freely by the government. As a result, only a few are brought from the criminal justice system or from prison to be admitted to hospitals.
			<br><br><br>
	==Resources==		==Resources==
	<li> U.S Department of State, ‘Bhutan - United States Department of State’ (United States Department of State20 March 2023) <https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/bhutan/>.		<li> U.S Department of State, ‘Bhutan - United States Department of State’ (United States Department of State20 March 2023) <https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/bhutan/>.

IBJadmin: /* Means of Protecting and Enforcing Rights */

2025-02-20T15:01:54Z

Means of Protecting and Enforcing Rights

← Older revision		Revision as of 17:01, 20 February 2025
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	==Means of Protecting and Enforcing Rights==		==Means of Protecting and Enforcing Rights==

	'''~~Exclusionary Rule~~:'''		'''Contempt:'''
			<br><u> Chapter 16 of the CCPC</u> outlines information with respect to contempt.
			<br>A person showing disrespect to the Court during proceedings can be subjected to criminal or civil sanctions in accordance with the laws of contempt. <br>Disrespect may take the form of interference with a case, failing to comply with judicial orders or obstructing the course of justice. <br>

	~~'''Nullity~~ of ~~Procedure:'''~~


	<br>
	<br>
	~~'''Civil Actions:'''~~
	<br>		<br>


	~~<br>~~
	~~<br>~~
	==Pre-Trial Procedure==		==Pre-Trial Procedure==

IBJadmin: /* Resources */

2025-02-20T14:59:54Z

Resources

← Older revision		Revision as of 16:59, 20 February 2025
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	==Resources==		==Resources==
			<li> U.S Department of State, ‘Bhutan - United States Department of State’ (United States Department of State20 March 2023) <https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/bhutan/>.
			<li> Library of Congress: Federal Research Division, ‘Image 1 of Nepal and Bhutan : Country Studies’ (Library of Congress, Washington, D.C. 20540 USA1993) <https://www.loc.gov/resource/frdcstdy.nepalbhutancount00sava?st=pdf&r=-0.392> accessed 9 January 2024.
			<li> Emily Newburger, ‘ New Dynamics in Constitutional Law’ [2007] Harvard Law Bulletin.
			<li> Sriram Balasubramanian and Paul Cashin, ‘Gross National Happiness and Macroeconomic Indicators in the Kingdom of Bhutan’ (2019) 2019 IMF Working Papers <https://www.elibrary.imf.org/view/journals/001/2019/015/article-A001-en.xml>.
			<li> The Constitution of The Kingdom of Bhutan 2008.
			<li> The Civil and Criminal Procedure Code (Amendment) Act of Bhutan 2011.
			<li> Kuensel Online, ‘Legal Aid Center Established for Indigent Persons’ (Kuensel Online21 October 2022) <https://kuenselonline.com/legal-aid-center-established-for-indigent-persons/> accessed 8 January 2024.
			<li> UNDP, ‘Taking Legal Aid to the Grassroots’ (UNDP25 August 2023) <https://www.undp.org/bhutan/stories/taking-legal-aid-grassroots> accessed 8 January 2024.
			<li> OHCHR, ‘Bhutan Praised for Progress on Right to Liberty but Must Step up Safeguards for Defendants’ Rights, Say UN Experts’ (United Nations24 January 2019) <https://www.ohchr.org/en/press-releases/2019/01/bhutan-praised-progress-right-liberty-must-step-safeguards-defendants-rights>.
			<li>Amnesty International, ‘Bhutan: Fear of Torture/Ill-Treatment’ (Amnesty International11 August 1997) <https://www.amnesty.org/en/documents/asa14/002/1997/en/> accessed 9 January 2024.
			<li> United Nations, ‘Report of the Working Group on Arbitrary Detention on Its Visit to Bhutan’ (2019).
			<li> Kuensel Online, ‘Knowing When to Engage a Jabmi (Legal Counsel)’ (Kuensel Online6 August 2022) <https://kuenselonline.com/knowing-when-to-engage-a-jabmi-legal-counsel/> accessed 9 January 2024.
			<li>Kuensel Online, ‘Right to Bail and Right to Thrimthue Are Not Same’ (Kuensel Online4 June 2020) <https://kuenselonline.com/right-to-bail-and-right-to-thrimthue-are-not-same/> accessed 9 January 2024.
			<li> IBJ Criminal Defence Wiki, ‘Legality Principle - Criminal Defense Wiki’ (defensewiki.ibj.org2012) <https://defensewiki.ibj.org/index.php/Legality_Principle>.
			<li> Government of Bhutan, ‘Penal Code of Bhutan’ (2004) <https://www.warnathgroup.com/wp-content/uploads/2015/03/Bhutan-Penal-Code.pdf>.
			<li> US Department of State, ‘2019 Country Reports on Human Rights Practices: Bhutan’ (2019) <https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/bhutan/#:~:text=Physical%20Conditions%3A%20According%20to%20police,prepare%20for%20reintegration%20into%20society.>.
			<li> United States Department of State, ‘2015 Country Reports on Human Rights Practices - Bhutan’ (2016) <https://www.refworld.org/docid/57161299e.html>.
			<li> Tenzing Lamsang, ‘Bhutan and the Death Penalty’ (The Bhutanese22 September 2019) <https://thebhutanese.bt/bhutan-and-the-death-penalty/>.
			<li> The Jabmi Act of the Kingdom of Bhutan 2003.
			<li> Kuensel Online, ‘Bhutan’s Appeal System Is Vulnerable to Abuse’ (Kuensel Online2021) <https://kuenselonline.com/bhutans-appeal-system-is-vulnerable-to-abuse/> accessed 14 January 2024.
			<li> Aljazeera, ‘HRW on Bhutan’s Prisoners’ (Human Rights & Public Liberties2023) <https://liberties.aljazeera.com/en/hrw-on-bhutans-prisoners/> accessed 14 January 2024.
			<li> Global Detention Project, ‘Bhutan Immigration Detention Profile’ (Global Detention Project1 November 2020) <https://www.globaldetentionproject.org/countries/asia-pacific/bhutan> accessed 14 January 2024.
			<li> The Immigration Act of the Kingdom of Bhutan 2007.
			<li> Rinchen Pelzang, ‘Mental Health Care in Bhutan: Policy and Issues’ (2012) 1 WHO South-East Asia Journal of Public Health 339.
			<li> WHO and Ministry of Health in Bhutan, ‘WHO-AIMS REPORT on MENTAL HEALTH SYSTEM’ (2006) <https://cdn.who.int/media/docs/default-source/mental-health/who-aims-country-reports/bhutan_who_aims_report.pdf?sfvrsn=f082a3c5_3&download=true>.
			<li> Dhicksha Darnal, ‘A Much Awaited Juvenile Detention Centre – BHUTAN TODAY’ (Bhutan Today2017) <http://www.bhutantoday.bt/a-much-awaited-juvenile-detention-centre/> accessed 14 January 2024.