Enabling Act for Suppression,1991

Link to law: http://www.nationalcouncil.bt/assets/uploads/docs/acts/2014/Enabling_Act_for_Suppression1991Eng.pdf
Published: 1991

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Enabling act for suppression of terrorism

THE ENABLING ACT

FOR

SUPPRESSION

OF

TERRORISM

[1991]

THE ENABLING ACT FOR
SUPPRESSION OF TERRORISM (1991)

WHEREAS the Kingdom of Bhutan is a party to the SAARC Regional Convention on
suppression of Terrorism which came into force on 22 August 1988.

ANDWHEREAS it is necessary to make legal provisions to implement the aforesaid
Convention.

NOW therefore, the National Assembly of Bhutan enacts this legislation:

Article I

This legislation may be called The Enabling Act for Suppression of Terrorism 1991, and shall
come into force immediately upon enactment by the National Assembly of Bhutan.

Article II

Definition of Terms
1. Unless specified otherwise in this Act:

(a) “Convention” means the SAARC Regional Convention on Suppression of
Terrorism.

(b) “Member States” means the members of the South Asian Association for

Regional Cooperation as specified in Schedule A to this Act.

(c) The term “Treaty State” used in the Extradition Act, 1991 shall apply to the
Member States for the purposes of the SAARC Regional Convention on
Suppression of Terrorism.

Article III

Authority of the convention
1. Notwithstanding any provisions in the Extradition Act, 1991, an offence specified in

Article I of the Convention and contained in Schedul B of this Act shall be deemed
not to be an offence of a political character or an offence connected with a political
offence, or an offence inspired by political motives, so far only as the request for the
extradition of any person accused or convicted of any such offense is made by a
Member State.

2. The offences enumerated in Article I of the Convention which are contained in

Schedule B to this Act shall be treated as extraditable offences under the Extradition
Act, 1991.

state specified in the Second Schedule to this Act, in force on the date on which this
Act comes into operation, such arrangement shall be deemed, for the purposes of the
Extradition Act 1991 to include provisions for extradition in respect of the offences
specified in the Schedule B of this Act.

2. Where there is no extradition arrangement made by the Kingdom of Bhutan with a

state specified in the Schedule A to this Act, in force on the date on which this Act
comes into operation, the Royal Government may treat the Convention for the
purposes of the Extradition Act 1991, as an extradition arrangement made, by the
Kingdom of Bhutan with that state providing for extradition in respect of the offences
specified in Schedule B.

3. Where a request is made to the Kingdom of Bhutan, by a Member State for the

extradition of any person accused or convicted of an offence specified in Schedule B,
the Kingdom of Bhutan, shall expeditiously inform the Government of the Requesting
State of the actions which the Kingdom of Bhutan has taken, or proposed to take, for
the extradition or prosecution that person for thatoffence.

(a) Where it is decided that no order should be made unr the Convention for the

extradition of a person accused or convicted of an offence specified in
Schedule B, pursuant to an extradition request under the Convention by a
Member State, the case shall be submitted to the relevant authorities, so that
prosecution for the offence which such person is accused of, or other
appropriate action, may be considered.

4. Member States shall not be obliged to extradite, if it appears to the Requested State

that by reason of the trivial nature of the case or by reason of the request for the
surrender or return of a Fugitive Offender not being made in good faith or in the
interests of justice or for any other reason it is unjust or inexpedient to surrender or
return the Fugitive Offender.

5. Member States shall, subject to their national laws, afford one another the greatest

measure of mutual assistance in connection with proceedings brought in respect of the
offences referred to in Article I of the Convention r agreed to in terms of Article II in
the convention, including the supply of all evidenc at their disposal necessary for the
proceedings.

(a) Member States shall cooperate among themselves, to the extent permitted by

their national laws, through consultations between appropriate agencies,
exchange of information, intelligence and expertise and such other cooperative
measures as may be appropriate, with view to preventing terroristic activities
through precautionary measures.

Jurisdiction for purposes of Criminal Proceedings.
1. If any person, whether or not a citizen of Bhutan, does in a Member State any act,

which if done in Bhutan, would have constituted an offence specified in Schedule B,
such person shall be guilty in Bhutan, of the offence constituted by the commission of
that act in Bhutan.

2. If a person who is a national of a Member State but not a citizen of Bhutan, does

outside Bhutan and that Member State any act which had he been a citizen of Bhutan
would have made him guilty of an offence specified in Schedule B to this Act, he shall
be guilty of the offences aforesaid in Bhutan.

(a) If a citizen of Bhutan does outside Bhutan or any Member State any act which,

if such act had been committed in Bhutan, would have made him guilty of an
offence specified in Schedule B, he shall be guilty of the offence aforesaid in
Bhutan.

3. The High court of Bhutan is hereby vested with jurisdiction to try the offences referred

to in sections 5.1 and 5.2.

Article VI

Framing of Implementation Rules
1. The Royal Government may frame rules to implement the Convention which are in

keeping with the Articles of the Convention.

SCHEDULE A
Peoples Republic of Bangladesh
Republic of India
Republic of Maldives
Kingdom of Nepal
Islamic Republic of Pakistan
Democratic Socialist Republic of Sri Lanka
Kingdom of Bhutan

SCHEDULE B
List of offences referred to in Article I of the SAARC Regional Convention on
Suppression of Terrorism.

(a) An offence within the scope of the Convention for the Suppression of

Unlawful Seizure of Aircraft signed at the Hague on December 16, 1970;

(b) An offence within the scope of the Convention for the Suppression of

Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on
September 23, 1971;

(d) An offence within the scope of any convention to which the SAARC member

states concerned are parties and which obliges the parti s to prosecute or grant
extradition;

(e) 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;

(f) An attempt or conspiracy to commit an offence described in sub-paragraphs (a)

to (e) above, aiding abetting or counselling the commission of such an offence
or participating as an accomplice in the offences so described.