E/CN.4/1995/31/Add.3
page 8
(b)
After the review is conducted and the innocent persons identified,
those prisoners against whom substantial evidence exists should be formally
charged within a specific time-limit;
(c)
All those formally charged under the National Security Act, 1992,
should be tried within a specific time-limit;
(d)
The prison authorities must ensure that all persons being tried are
aware of the institution of the Jabmi and are represented by a Jabmi of their
choice;
(e)
All detainees and common law prisoners should be regularly produced
before a judge, in order that the legality of the detention may be confirmed,
and given the assistance of Jabmis;
(f)
Those common law prisoners who have been detained for years without
having been brought before a judge and who have not been formally charged
should also have their cases reviewed by an appropriately constituted body to
consider whether it is at all necessary to prosecute them;
(g)
Those who have been detained for years without having been formally
charged or produced before a judge should be entitled to be released on bail
and the conditions of bail should relate closely to their economic condition;
(h)
All accused against whom there is a claim for money should not be
prosecuted and should be released forthwith;
(i)
The Code of Criminal Procedure should be suitably amended to bring
it in conformity with the code in neighbouring countries having a similar
judicial system;
(j)
24 hours;
Every accused should be produced before a magistrate within
(k)
The law should provide that every accused should be physically
produced before a judge periodically;
(l)
A complete list of all occupants of Thimphu Detention Centre and
Chemgang Central Jail at the time of the visit of the Working Group should be
prepared indicating the following information:
(i)
(ii)
(iii)
(iv)
(v)
Name of prisoner;
Date of arrest;
Date when first produced before the magistrate;
How many times thereafter, was he produced before the
magistrate, giving dates;
Date when he was formally charged;