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BHUTAN: Capital punishment abolished in Bhutan
His Majesty the King, in a kasho (royal decree) issued on March 20,
the 30th day of the 2nd Bhutanese month, abolished capital punishment
in the kingdom of Bhutan.
The historical decree is momentous, reflecting a profound blend of
spiritualism and pragmatism. The implications of capital punishment,
in Bhutanese law, is seen as a contradiction both from a religious and
legal perspective.
Although capital punishment exists as a written law, it is not
being invoked. And if the courts do award capital punishment, His
Majesty the King has the legal authority to repeal it. Meanwhile,
Bhutan being a Buddhist nation, capital punishment is seen as a
contradiction to the basic doctrines of Buddhism.
These contradictions are seen as a negation of the written law,
thereby, rendering it superfluous.
Capital punishment has existed in Bhutanese law since the
codification of the Thrimzhung Chhenmo (supreme law) in 1953 and the
judiciary has come under criticism, even in the National Assembly, for
not invoking the law in the most severe criminal cases.
The royal decree has significant historical roots because
generations of Bhutanese people have enjoyed peace and prosperity in a
unique system of governance that has been founded on the tenets of
Buddhism. It comes at a time when the kingdom of Bhutan is going
through phenomenal change facing, what many believe, could be an
unpredictable future and is, therefore, a message that Bhutan must
continue to draw on the strengths of its ancient traditions and on the
wisdom of the ancestors.
As the kingdom nurtures a unique socio-economic and political
system, the decree implies that the essence of government must be the
rule of law and that law must reflect the spirituality that
characterises the Bhutanese system of governance.
The royal decree also symbolises the compassion and enlightened
vision of a Buddhist Monarch safeguarding the interests of not just
the population of one nation but of all sentient beings.
Kuensel web
site
BHUTAN-DEATH-PENALTY - Capital punishment abolished in Bhutan
Text of report by Kinley Dorji, carried in
English by Bhutanese official newspaper Kuensel web site on 27 March
His Majesty the King, in a kasho (royal decree)
issued on 20 March, the 30th day of the second Bhutanese month, abolished capital punishment in the
kingdom of Bhutan. The historical decree is momentous, reflecting a profound blend of spiritualism and
pragmatism.
The implications of capital punishment, in
Bhutanese law, is seen as a contradiction both from a religious and legal perspective. Although
capital punishment exists as a written law, it is not being invoked. And if
the courts do award capital punishment, His Majesty the King has the legal
authority to repeal it.
Meanwhile, Bhutan being a Buddhist nation, capital
punishment is seen as a contradiction to the basic doctrines of
Buddhism. These contradictions
are seen as a negation of the written law, thereby, rendering it
superfluous.
Capital punishment has existed in Bhutanese law
since the codification of the Thrimzhung Chhenmo (supreme law) in 1953 and the judiciary has
come under criticism, even in the National Assembly, for not invoking the
law in the most severe criminal cases. The royal decree has significant
historical roots because generations of Bhutanese people have enjoyed peace and
prosperity in a unique system of governance that has been founded on
the tenets of Buddhism. It comes at a time when the kingdom of Bhutan is
going through phenomenal change facing, what many believe, could be an
unpredictable future and is, therefore, a message that Bhutan must
continue to draw on the strengths of its ancient traditions and on the wisdom
of the ancestors.
As the kingdom nurtures a unique socioeconomic and
political system, the decree implies that the essence of government must be the rule of law
and that law must reflect the spirituality that characterizes the
Bhutanese system of governance. The royal decree also symbolizes the compassion
and enlightened vision of a Buddhist monarch safeguarding the interests of
not just the population of one nation but of all sentient beings.
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