Thimphu Centre Box 8 March, 2010 - Miscommunication between the district courts and police is causing an unnecessarily high number of citizens to be arrested and detained at the detention centre (centre box) here in Thimphu, Kuensel has found.

The detention centre at the heart of town today holds 94 persons in a facility designed to accommodate only 38. There are 43 persons under trial and 51 in police custody awaiting arraignment. Sometimes, the number of persons detained even exceeds a hundred.

A police official explained to Kuensel that arrests for minor crimes, which is not always necessary, is causing this glut.

On why the police are making unnecessary arrests, especially when they are allowed discretionary powers of arrest, he said that Thimphu district courts required that any suspect to be charged and arraigned, be arrested and detained. “If we’re forwarding the case to court, we have to arrest the suspect,” said the official.

Other police sources confirmed that the district court did not accept chargesheets without arrests.

The official explained that minor crimes, such as trespassing, prowling, public intoxication, or possession and abuse of illegal drugs, assault and even battery, mostly did not require for the person to be arrested and detained. “Arrests for cases like verbal assault, harassment over the phone or forgery are avoidable.”

According to the official, there are three reasons to arrest a person: if the person is likely to abscond or to cause harm to self or others, or if there is the likelihood of evidence tampering. The official added that, based on experience, many suspects did not fit any of the criteria and could be released on bail until the arraignment date.

On why such a requirement may have come from the court, the police official said a possible reason for the arrest requirement is to prevent corruption or the release of suspects by police personnel.

But chief judge, drangpon Pema Gyeltshen, said there is no such arrest requirement from the district court. Drangpon Pema Gyeltshen said all that is required is for the complainant and the suspect to be present at court on the day of arraignment. On police arresting and detaining persons that could be allowed bail, the drangpon said, “It’s not our problem.” He added, “It’s their wish if they want to arrest or not.”

The police official did not say when police started arresting persons for minor crimes. But he said that the police received a “stiff letter” from the district court for a particular case, reprimanding them for releasing the suspect on bail.

“The judiciary and the police should meet to solve this problem,” said the police official on what could be done.

Detained minor crimes suspects can be held for up till 49 days, upon which the detention can be renewed at the request of the police.

Meanwhile, construction has begun on upgrading the Thimphu police station, which will include a larger detention centre.