Bhutan
Bhutan has had detailed terrorism legislation in place since 1991 and the Criminal Code punishes terrorism. There is no carve-out for the exercise of fundamental human rights. Bhutan's Constitution demands that every person take steps to prevent terrorism.
The Definition of Terrorism in Domestic Law
Bhutan adopted an Enabling Act for the Suppression of Terrorism in 1991. Therein, terrorism is defined as an offence against the two UN hijacking conventions or the 1973 Convention against internationally protected persons as well as the 1987 South Asian Association for Regional Co-operation (SAARC) Convention on the Suppression of Terrorism. Terrorism is further defined in the 1991 Act as follows:
Murder, manslaughter, assault causing bodily harm, kidnapping, hostage-taking, and offences relating to firearms, weapons, explosives, and dangerous substances when used as a means to perpetrate indiscriminate violence involving death or serious bodily injury to persons or serious damage to property.Schedule B(e) to the 1991 Enabling Act for the Suppression of Terrorism.
The Criminal Code stipulates that terrorism is a felony of the first degree. The offence is defined as follows:
if the defendant:
(a) With intent to subvert the state, uses, assists, recruits, or trains another person to use a bomb, dynamite, firearm, or other lethal weapons for terrorist activities;
(b) Participate in financing, planning, or preparation of terrorist acts or in supporting terrorist acts directly; or
(c) Engages in a violent act or insurrection against Bhutan that is designed primarily to generate fear in a community or a substantial section of the society.S. 329, Criminal Code of Bhutan.
Adherence to Global and Regional Terrorism Treaties
Bhutan is a State Party to most of the major terrorism treaties at global and regional level, but not the 1997 Terrorist Bombings Convention or the 2005 Nuclear Terrorism Convention.
| Treaty | Adherence |
|---|---|
| 1973 Convention on Crimes against Internationally Protected Persons | State Party |
| 1979 Hostage-Taking Convention | State Party |
| 1997 Terrorist Bombings Convention | State not party |
| 1999 Terrorist Financing Convention | State Party |
| 2005 Nuclear Terrorism Convention | State not party |
Bhutan has also adhered to the SAARC regional terrorism treaties.
| Treaty | Adherence |
|---|---|
| SAARC 1987 Regional Convention on the Suppression of Terrorism | State Party |
| 2004 Protocol to the SAARC Terrorism Convention | State Party |
Laws and Penalties for Terrorist Offences
Terrorism is criminalized under Chapter 23 of Bhutan's criminal code. It is deemed to be a first-degree felony attracting a mandatory life sentence. The offence concerns a person who carries out any of the following acts:
(a) With intent to subvert the State, uses or assists, recruits, or trains another person to use a bomb, dynamite, firearm, or other lethal weapon for terrorist purposes; or
(b) participates in planning, financing, or preparation of terrorist acts or in direct support of terrorist acts; or
(c) Engages in a violent act or insurrection against Bhutan that is designed primarily to generate fear in a community or a substantial section of the society.S. 329, Penal Code of Bhutan.
In 2018, Bhutan adopted the 2018 Anti-Money Laundering and Countering Terrorist Financing Act to address terrorist financing.
Domestic Counterterrorism Capacities and Policies
The Royal Bhutan Police has a Special Reserve Police Force (SRPF) which is deployed for counterterrorism.
Glossary
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