III. Legal Framework
Bahrain is party to three treaties that prohibit torture as well as cruel, inhuman or degrading treatment: the Convention against Torture;[52] the International Covenant on Civil and Political Rights (ICCPR);[53] and the revised Arab Charter on Human Rights (the Arab Charter).[54] Bahrain’s constitution, penal code, and code of criminal procedure also forbid the use of torture or other conduct that violates human dignity.
Convention against Torture
The Convention against Torture, to which Bahrain acceded on February 18, 1998, states,
[T]orture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. [55]
Under the Convention against Torture, a state must “take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.”[56] Authorities must also systematically review custodial and interrogation practices and procedures with a view to preventing torture.[57] Furthermore, the Convention against Torture requires a state party to conduct a prompt and impartial investigation “wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction.”[58]A state must also ensure that any victim of torture “obtains redress and has an enforceable right to fair and adequate compensation....”[59] Particularly relevant to this report, statements extracted by torture shall not be used as evidence in any proceeding “except against a person accused of torture as evidence that the statement was made.”[60]
The Convention against Torture also requires states to take measures to prevent acts that fall short of torture but that amount to “cruel, inhuman or degrading treatment or punishment.”[61]
International Covenant on Civil and Political Rights
Bahrain acceded to the ICCPR on September 20, 2006.[62] The ICCPR provides that “[n]o one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”[63] Further, arrestees and detainees “shall be treated with humanity and with respect for the inherent dignity of the human person.”[64] The ICCPR requires that states undertake efforts “to respect and to ensure to all individuals ... the rights recognized in the present Covenant, without distinction of any kind....”[65]
Arab Charter on Human Rights
Bahrain ratified the Arab Charter in 2006,[66] and the treaty entered into force on March 15, 2008. With regard to torture and ill-treatment, the Arab Charter mirrors the ICCPR, and provides that “[n]o one shall be subjected to physical or psychological torture or to cruel, degrading, humiliating or inhuman treatment.”[67] The charter obliges states to criminalize such acts, and to guarantee legal redress, rehabilitation, and compensation for torture victims.[68] The Arab Charter further provides that “[a]ll persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.”[69]
Bahraini Law
As required by international treaties to which it is a party, Bahrain has implemented legislation that forbids torture.[70] More specifically, Bahrain’s constitution provides that “[n]o person shall be subjected to physical or mental torture, or inducement, or undignified treatment....”[71] Furthermore, a person accused of a crime may not be harmed physically or mentally.[72]
Bahrain’s penal code criminalizes the use of “torture, force or threats, either personally or through a third party, against an accused person, witness or expert” in order to induce a person to confess to an offense or to offer statements or related information.[73] It also provides that civil servants (and any other persons) who engage in torture shall be subjected to a term of imprisonment.[74]
The code of criminal procedure provides that anyone arrested or detained must be treated “in such a manner as to maintain his human dignity and shall not be subjected to any bodily or psychological harm.”[75] Further, the law requires that interrogations of those detained be conducted by the Public Prosecution Office in the presence of the accused person’s lawyer.[76]As a remedy for violations of these provisions, Bahrain’s constitution provides that “[a]ny statement or confession proved to have been made under torture, inducement, or such treatment, or the threat thereof, shall be null and void.”[77]
Bahraini law requires that suspects be presented to the Public Prosecution Office within 48 hours of arrest.[78] When the Public Prosecution Office issues a summons or an arrest warrant, the arresting authority must present the suspect to them “immediately” or, if not feasible, within 24 hours.[79] The Public Prosecution Office must decide whether to charge the suspect with a criminal offense and, if the individual is charged, whether to continue his detention or order his release.[80] A person may be held for up to seven days in pretrial detention, after which a court may authorize additional pretrial detention of up to six months.[81] The Public Prosecution Office, however, has the power to extend pretrial detention for up to a total of 45 days for offenses found in the special section of the penal code pertaining to national security crimes.[82] The High Criminal Court must approve any pretrial detention exceeding 45 days in the context of national security crimes.[83]
The Public Prosecution Office is charged with investigating and prosecuting all crimes, which would include torture.[84] The Public Prosecution Office can also demand that law enforcement agencies investigate and punish breaches of duty by their officers.[85] Ministry of Interior officials told Human Rights Watch that the Ministry of Interior’s inspector-general investigates all complaints of torture and, if warranted, refers such complaints to the Police Court within the Ministry of Interior.[86] Civil servants, medical professionals, and other civilians are required to report crimes to the Public Prosecution Office or other relevant authorities.[87]
Under Bahraini law victims of torture can also seek redress through a civil action.[88] However, Decree 56/2002, discussed above, confers immunity from investigation or prosecution on government officials alleged to be responsible for torture or other serious human rights abuses committed prior to 2001.[89] These provisions, on their face, appear to violate the Convention against Torture.
[52]Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted December 10, 1984, G.A. res. 39/46, annex, 39 U.N. GAOR Supp. (No. 51) at 197, U.N. Doc. A/39/51 (1984), entered into force June 26, 1987.
[53]International Covenant on Civil and Political Rights, G.A. res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171, entered into force March 23, 1976.
[54]Arab Charter on Human Rights, adopted by the Council of the League of Arab States on May 22, 2004, U.N. Doc. CHR/NONE/2004/40/Rev.1., entered into force March 15, 2008.
[55]Convention against Torture, art. 1(1).
[56]Ibid., art. 2(1).
[57]Ibid., art. 11.
[58]Ibid., art. 12.
[59]Ibid., art. 14.
[60]Ibid., art. 15.
[61]Ibid., art. 16(1).
[62]Bahrain’s Accession to the ICCPR, C.N.764.2006.TREATIES-15 (September 20, 2006), http://untreaty.un.org/English/CNs/2006/701_800/764E.pdf (accessed January 12, 2010).
[63]ICCPR, art. 7.
[64]Ibid., art. 10.
[65]Ibid., art. 2(1).
[66]See information provided by Bahrain to the UN Committee on the Elimination of Discrimination Against Women (CEDAW), as set out in Consideration of reports submitted by States Parties under article 18 of the Convention on the Elimination of All Forms of Discrimination against Women: combined 5th, 6th and 7th periodic reports of States Parties: Bahrain, CEDAW/C/BHR/2/Add.1, June 6, 2008, http://www2.ohchr.org/english/bodies/cedaw/cedaws42.htm (accessed January 12, 2010), p. 7.
[67]Arab Charter, art. 8(1).
[68]Ibid., art. 8(2).
[69]Ibid., art. 20(1).
[70]The UN Committee Against Torture, in its 2005 review of Bahrain’s country report, recommended that Bahraini law be modified in order to bring the definition of torture into conformity with that of the Convention against Torture, ensure that all acts of torture constitute criminal offenses, and specify appropriate penalties. UN Committee Against Torture, “Consideration of Reports Submitted by States Parties under Article 19 of the Convention, Conclusions and Recommendations of the Committee against Torture, Bahrain,” CAT/C/CR/34/BHR, June 21, 2005, http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/CAT.C.CR.34.BHR.En?Opendocument, para. 7.
[71]Bahrain constitution, art. 19(d).
[72]Ibid., art. 20(d).
[73]Bahrain penal code, arts. 208, 232.
[74]Ibid.
[75]Bahrain code of criminal procedure, art. 61.
[76]Ibid., arts. 133-35.
[77]Bahrain constitution, art. 19(d).
[78]Bahrain code of criminal procedure, art. 57.
[79]Ibid., art. 141.
[80]Ibid., arts. 57, 141-142.
[81]Ibid., arts. 147-148.
[82]Ibid., art. 147, and Bahrain penal code, arts. 112-177.
[83]Bahrain code of criminal procedure, art. 148.
[84]Ibid., arts. 5, 8 and 81.
[85]Ibid., art. 44,
[86]See below, “Official Denials.” International law does not preclude the use of specialized courts for military or security personnel. However, the trend is very much against the use of such courts, which would at a minimum have to meet international standards of independence and impartiality in order to comply with international law. Human Rights Watch does not have sufficient information regarding the Police Court in Bahrain’s Ministry of Interior to assess whether it meets such standards. The UN Human Rights Committee has consistently called for civilian courts to try cases of alleged human rights violations.
[87]Bahrain code of criminal procedure, arts. 47-48.
[88]Ibid. art. 22, and Bahrain civil law, art. 158.
[89]Royal Decree 56/2002.