E/CN.4/1995/31/Add.3 page 7 III. VISITS TO DETENTION PLACES AND SUGGESTIONS MADE BY THE WORKING GROUP TO THE BHUTANESE AUTHORITIES 20. The Working Group visited Thimphu Detention Centre and Chamgang Central Jail in connection with allegations of politically motivated prosecutions. In this regard, the Working Group wishes to express its appreciation for the spirit of openness and transparency demonstrated by the authorities in allowing the members of the Working Group to interview freely detainees of all categories. At the Thimphu Detention Centre the detainees could be divided into three categories: those who are being prosecuted under the National Security Act, 1992; those who are being prosecuted for common law offences; and those against whom there is a pending monetary claim. Chamgang Central Jail held no common law criminals. In the jail there were 148 prisoners of whom 36 had been convicted under the National Security Act, 1992; 51 were charged with having committed offences under the Act and the other 61 were awaiting commencement of proceedings against them under the Act. 21. In the course of its interviews at Chamgang Central Jail the Working Group found that in many instances persons had been detained for years without having been charged and persons who had been charged had not been brought before a judge for trial. In most instances, those charged did not know when they might be tried. 22. After the visit of the Working Group to the Thimphu Detention Centre and the Chamgang Central Jail, a series of meetings were held with the authorities, including an audience with His Majesty, at which the Group candidly conveyed its concerns in respect of several matters relating not only to the cases of detained individuals, but also its apprehension that an inadequate number of judges might result in those charged under the National Security Act, 1992, languishing in jail for years without being brought to trial. Instances of prisoners accused of offences under common law who had been detained for years without having been tried or brought before a judge at regular intervals were also brought to the notice of the authorities. The Group expressed surprise at finding persons involved in purely monetary claims treated as common criminals. It also noted the complete absence of a legal community, the existence of which is necessary for the functioning of any legal system. In this context the Group observed that the institution of "Jabmi", a substitute for a lawyer, was not sufficiently entrenched and institutionalized to enable the accused to use them to advantage. The Group also commented on the fact that the accused were not being brought regularly before a judge. 23. Taking note of the above and of the fact that Bhutan is in the process of developing a legal system to meet the challenges of the modern era, the Working Group presented an informal memorandum to the authorities. Of the suggestions made, the Government of Bhutan agreed to consider the following: (a) A review should be conducted by an independent body, constituted by the Government, of all cases of persons detained under the National Security Act, 1992, in order to determine that those who are not terrorists and against whom there is no evidence should not be either formally charged or tried;