Attorney General of Bhutan

Last updated
Attorney General of Bhutan
Incumbent
Shera Lhendup

since May 22, 2015
Abbreviation AG
Residence Thimpu, Bhutan
Seat Thori Lam
Appointer King of Bhutan
Term length No fixed tenure
Constituting instrument Article 29 of the Constitution
Formation 15 August 2006
First holder Dasho Tashi Phuntsog

The Office of the Attorney General of Bhutan (Dzongkha: རྩོད་དཔོན་ཡོངས་ཁྱབ་ཡིག་ཚང་; Wylie: rtsong-dpon yongs-khyab yig-tshang) is the legal arm of the executive branch of the government. It is also the legal adviser of the government and its representative in the judicial system of Bhutan. Under the Constitution of 2008, the Attorney General is appointed by the King of Bhutan on the advice of the Prime Minister. The Office of the Attorney General is codified by the Attorney General Act of 2006, an act of parliament incorporated by the Constitution. Under the Act, the Attorney General also authors and reviews legislation for parliament.

Bhutan Landlocked kingdom in Eastern Himalayas

Bhutan, officially the Kingdom of Bhutan, is a landlocked country in South Asia. Located in the Eastern Himalayas, it is bordered by Tibet Autonomous Region of China in the north, the Sikkim state of India and the Chumbi Valley of Tibet in the west, the Arunachal Pradesh state of India in the east, and the states of Assam and West Bengal in the south. Bhutan is geopolitically in South Asia and is the region's second least populous nation after the Maldives. Thimphu is its capital and largest city, while Phuntsholing is its financial center.

Dzongkha national language of Bhutan

Dzongkha, or Bhutanese, is a Sino-Tibetan language spoken by over half a million people in Bhutan; it is the sole official and national language of the Kingdom of Bhutan. The Tibetan alphabet is used to write Dzongkha.

Wylie transliteration

The Wylie transliteration system is a method for transliterating Tibetan script using only the letters available on a typical English language typewriter. It bears the name of Turrell V. Wylie, who described the scheme in an article, A Standard System of Tibetan Transcription, published in 1959. It has subsequently become a standard transliteration scheme in Tibetan studies, especially in the United States.

Contents

Office of the Attorney General

The Office of the Attorney General was first formed as the "Office of Legal Affairs" in 1999 by the Lhengye Zhungtshog (Council of Ministers) on the recommendation of its Special Task Force on Enhancing Good Governance. The Office of Legal Affairs was formally established by law on April 14, 2000 as the government's central legal agency. In 2000, the Office began to assume the role of prosecutor, until then the purview of the Royal Civil Service Commission Secretariat and the Law and Order Division of the Ministry of Home Affairs. The policies and decisions of the Office were guided during its early years by Terms of Reference issued by the Council of Ministers in 2002. [1]

On June 30, 2006, the Office of Legal Affairs was replaced by the Office of the Attorney General that exists today. The Attorney General Act of 2006 creates an independent Attorney General office responsible for advising the government, representing it in legal matters including law enforcement, and drafting and reviewing legislation. [1] [2]

Law enforcement in Bhutan is the collective purview of several divisions of Bhutan's Ministry of Home and Cultural Affairs. Namely, the Ministry's Bureau of Law and Order, Department of Immigration, and Department of Local Governance are responsible for law enforcement in Bhutan. The Ministry of Home and Cultural Affairs is itself a part of the Bhutanese Lhengye Zhungtshog, or Council of Ministers. Generally, law enforcement in Bhutan is the responsibility of executive agencies. As a means of enforcement, police and immigration authorities prosecute cases in the judicial system through the Attorney General of Bhutan.

Bhutanese legislation

Bhutanese legislation is created by the bicameral Parliament of Bhutan. Either the upper house National Council, the lower house National Assembly, or the Attorney General may author bills to be passed as acts, with the exception of money and financial bills, which are the sole purview of the National Assembly. When a bill has been introduced and passed by one house, it must present the bill to the other house within thirty days from the date of passing, and the bill may be passed during the next session of Parliament. In the case of budget bills and urgent matters, a bill must be passed in the same session of Parliament.

The Attorney General Act of 2006, wholly incorporated by the Constitution of 2008, [3] tasks the Attorney General with prosecuting crimes, safeguarding the impartiality of the judicial process, and disseminating information about the law among the people. The Attorney General also drafts Bhutanese legislation for submission to parliament, reviews legislation authored in parliament, and advises all levels of government regarding judicial decisions. [2]

Constitution of Bhutan

The Constitution of Bhutan was enacted 18 July 2008 by the Royal Government of Bhutan. The Constitution was thoroughly planned by several government officers and agencies over a period of almost seven years amid increasing democratic reforms in Bhutan. The current Constitution is based on Buddhist philosophy, international Conventions on Human Rights, comparative analysis of 20 other modern constitutions, public opinion, and existing laws, authorities, and precedents. According to Princess Sonam Wangchuck, the constitutional committee was particularly influenced by the Constitution of South Africa because of its strong protection of human rights.

The Office of the Attorney General currently codifies its own Prosecution Guidelines for its Prosecution and Litigation Division. When deciding whether to prosecute cases under Bhutanese law, the Prosecution and Litigation Division first evaluates whether there exists a prima facie case – whether the elements of the offense are met. When a prima facie case is established, the matter is subjected to an "Evidential Test" and a "Public Interest Test." The "Evidential Test" requires sufficient to convict the accused, and that "any reasonable judge would, without compunctions, hold the accused guilty." The "Public Interest Test" requires further that such a prosecution would not have an adverse implication on the public. [1] [4]

Divisions of the Office of the Attorney General

The Office of the Attorney General is divided into divisions and sections; these divisions are overseen by the Deputy Attorney General, who reports to the Attorney General: [1] [5]

  • Administration & Finance Division
  • Drafting & Review Division:
    • Drafting Section; Review Section
  • Legal Services Division:
    • Domestic Section; International Section
  • Policy & Planning Division
  • Prosecution & Litigation Division:
    • Civil Section; Criminal Section
  • Research & IT Division:
    • Research Section; IT Section; Library & Documentation Section

List of attorneys general

Prior to June 30, 2006, Attorneys General of Bhutan were known as "Directors of the Office of Legal Affairs." [1]

OrderName [1] Term [1]
1Dasho Tashi PhuntsogJanuary 1, 2000 – September 7, 2001
2Kuenlay TsheringSeptember 7, 2001 – March 6, 2006
Pema Rinzin, Officiating DirectorMarch 6, 2006 – April 26, 2006
3 Damcho Dorji April 26, 2006 – June 30, 2006
4 Damcho Dorji September 25, 2006 – August 22, 2007
Karma Lhuntshi, Officiating Attorney GeneralAugust 22, 2007 – July 2008
5Rinzin PenjorJuly 2008 – May 14, 2010
6Phuntsho WangdiMay 14, 2010 – May 22, 2015
7Shera LhendupMay 22, 2015 – (incumbent)

See also

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References

  1. 1 2 3 4 5 6 7 "About – Office of the Attorney General". Office of the Attorney General online. Government of Bhutan. 2010. Archived from the original on 2010-11-08. Retrieved 2011-01-23.
  2. 1 2 "Office of the Attorney General Act of Bhutan 2006" (PDF). Government of Bhutan. 2006-06-30. Archived from the original (PDF) on 2012-04-24. Retrieved 2011-01-23.
  3. "Constitution of the Kingdom of Bhutan (English)" (PDF). Government of Bhutan. 2008-07-18. Archived from the original (PDF) on July 6, 2011. Retrieved 2010-11-13.
  4. "Prosecution & Litigation Division". Office of the Attorney General online. Government of Bhutan. 2010-07-30. Archived from the original on 2012-04-24. Retrieved 2011-01-23.
  5. "Category Archives: Divisions of OAG". Office of the Attorney General online. Government of Bhutan. 2010. Archived from the original on 2010-11-08. Retrieved 2011-01-23.