Corruption and Public Service Laws in Bhutan
Arrest and Detention
In Bhutan, the power to arrest without a warrant is limited to situations where there is an immediate necessity or exigent circumstances. The following procedures govern the arrest and detention of individuals:
- Production before a court: A person arrested must be produced before a court within 24 hours, excluding travel time and government holidays (Section 81).
- Documentation at a police station: An arrested person should first be taken to a police station for documentation (Section 82).
Custody and Detention
Custody under the police is governed by the Prison Act or relevant regulations. In some cases, temporary suspension of detention may be granted within 24 hours, subject to Commission approval.
- Temporary suspension of detention: Temporary suspension of detention may be granted within 24 hours, subject to Commission approval (Section 85).
Search and Seizure
The Commission has the power to search and seize property in accordance with the Civil and Criminal Procedure Code of Bhutan.
- Search and seizure under civil and criminal procedure code: The Commission may search and seize property in accordance with the Civil and Criminal Procedure Code of Bhutan (Section 87).
Prosecution
Investigation reports must be submitted to the Commission for verification and endorsement before being forwarded to the Attorney General’s office or other prosecuting agency.
- Submission of investigation reports: Investigation reports must be submitted to the Commission for verification and endorsement before being forwarded to the Attorney General’s office or other prosecuting agencies (Section 88).
- Prosecution by Office of the Attorney General: Prosecution should be carried out expeditiously by the Office of the Attorney General or other prosecuting agencies (Section 90).
Protection
The Commission shall protect the personal safety and security of a person under custody during investigation.
- Protection of personal safety and security: The Commission shall protect the personal safety and security of a person under custody during investigation (Section 97).
- Identity protection for informers: Identity protection of informers is guaranteed, and witnesses will not be obliged to disclose their identities or names and addresses (Sections 98-101).
Immunity and Offences
Chairperson and members of the Commission enjoy immunity from prosecution for lawful acts arising from due discharge of duties under this Act.
- Immunity for Chairperson and members: Chairperson and members of the Commission enjoy immunity from prosecution for lawful acts arising from due discharge of duties under this Act (Section 104).
- Cognizable offenses: Any offence defined in this Act is considered a cognizable offense within the Civil and Criminal Procedure Code of Bhutan (Sections 105-106).