Frequently Asked Questions
1. When was Legal Aid Center established?
The Bhutan National Legal Institute (BNLI) established the Legal Aid Center on October 19, 2022 following the Royal Command.
The President of BNLI, Her Royal Highness Princess Sonam Dechan Wangchuck, and Chief Justice Chogyal Dago Rigdzin graced the inaugural ceremony. Along with the inauguration of the Center, the Legal Aid Inception Document and the Legal Aid Rules 2022 were launched.
The Center is expected to further strengthen the rule of law and the justice system by enabling all the people to access the courts and the legal process as enshrined in Article 9.6 of the Constitution. Legal aid is indispensable, especially for indigent persons, to have fair and full access to the justice system.
2. What is Legal Aid?
Legal aid is a provision of assistance to the neediest, who cannot afford the cost of a lawyer. Those eligibles often do not understand the legal processes and complexities of the law and lack equitable access to legal counsel, which affects the administration of justice. In such a situation, legal aid can help the needy to better understand legal and court processes enabling the exercise of their rights to settle disputes, seek remedies for grievances, and enjoy equal protection of the law. In essence, legal aid is aimed at minimizing the gap created by economic and social disparity.
3. Who is eligible?
Legal Aid is only available to indigent persons. It is not available to companies or groups of people.
An indigent person means a person who cannot provide the necessities of life (food, clothing, decent shelter) for himself/herself and one without sufficient means to afford a lawyer. Children in conflict with the law (CICL) and persons with permanent physical or mental and social disabilities will also be provided with legal advice and assistance regardless of his or her financial capacity if the interest of justice so requires.
4. Are there eligibility criteria for legal aid?
All applicants must qualify for both means test and merits test for all types of legal aid services in both civil and criminal cases. This will be conducted shortly after an applicant submits his/her application.
5. Why is a means test required to qualify for legal aid?
The means test determines if an applicant is eligible for legal aid by examining his/her income and disposable capital. The means test will determine the applicant’s financial capacity. The income threshold is based on the per capita poverty line set by the National Statistics Bureau of Bhutan (NSB), which is published every five years.
6. Why is a merits test required to qualify for legal aid?
The purpose of the merits test is to assess whether it is reasonable in all circumstances to grant legal aid. The merits test assesses whether an applicant has reasonable grounds for bringing or defending a case in court. If the Center is of the view that an applicant’s case has merits and reasonable prospects of success, then legal aid will be extended.
7. What are the types of services available?
The Legal Aid Center provides:
- Legal advice – advice from a lawyer pertaining to a case or law.
- Legal assistance – drafting documents and filling out judicial forms.
- Legal aid – representation in court and the one representing the case will provide both legal advice and legal assistance.
In addition to three services, the Centre will also provide legal information and education.
8. How do you apply for legal aid?
Applications for legal aid may be submitted directly to the Center or channeled through relevant institutions by filling in Form No.1 under the Legal Aid Rules 2022.
9. What should you bring when you apply for legal aid?
The applicant must attach with his/her application the following documents:
- CID or Valid Passport.
- Details of household members.
- Household income.
- Household disposable capital.
- Brief background of the case.
- Evidence of any form of disability.
- Any other documents are relevant to your application such as Court Orders and petitions.
10. Legal Aid in Civil and Criminal Cases
In civil cases, legal aid will only include legal advice and assistance, with legal representation being granted only if required in the interests of justice. Whereas, in criminal cases, all three types of legal aid will be available. For now, in criminal legal aid will only be available to indigent accused charged with offences that are a felony in nature.
11. Matters ineligible for legal aid?
Legal aid shall not be granted in the following matters:
- Election petitions under the Parliamentary and Local Government Elections.
- Judgement enforcement proceedings and proceedings where the only question to be brought before the Court is time and mode of payment (including liquidated damages and costs).
- Insolvency proceedings.
- Foreclosure of mortgages.
- Transfer of property and conveyance, except where such transfer of property or conveyance is incidental to or arises out of a matter where legal aid is granted.
- Civil and criminal defamation.
- Any other matters as deemed appropriate by the Center
12. Who are the service providers?
Legal aid will be provided by private lawyers, paralegals, law clinics of JSW School of Law, and legal aid volunteers.
13. Who grants Legal Aid?
The Administrator is responsible for granting legal aid. Legal Aid will only be granted once the Administrator is satisfied with both your financial assessment and the legal merits.
14. How long does the process of getting legal aid take?
The Center shall take all reasonable steps to determine the eligibility of the applicant within five working days from the receipt of the application.
15. Legal Aid Fund
The State shall grant adequate funds to the Center which shall be the cost of legal aid services and any other expenses which are required to be met by the Center. However, the legal aid shall not cover the costs for court fees, bail bonds, appeal bonds, and other expenses which are beyond the scope of legal aid service.
16. Can you have the lawyer of your choice?
No. The legal aid service shall be provided by a lawyer assigned either by the Center or the Bar Council of Bhutan.
17. If you are refused Legal Aid can you appeal against the decision?
Yes. You will always be told the reason why Legal Aid has been refused. You can appeal to the Review Committee of the Center whose decision shall be final and binding.
18. Where is the Legal Aid Center and how can you get in touch?
The Legal Aid Center is open from Monday to Friday between 9.00am and 5.00pm. The Center is located at the Supreme Court Complex, Hejo, Thimphu.
If you have any queries regarding Legal Aid, you can contact the Center by –
Telephone +975-2-332266
E-mail: legalaidcenter@bnli.bt
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