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COMMITTEE AGAINST TORTURE BEGINS REVIEW OF INITIAL REPORT OF BAHRAIN
12 May 2005
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Committee against Torture
MORNING
12 May 2005
The Committee against Torture this morning began its consideration of the initial report of Bahrain on the efforts of that country to give effect to the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Introducing the report, Sheikh Khalid Bin Ali Al-Khalifa, Under-Secretary of the Ministry of Justice of Bahrain, said since 1999, Bahrain had started to reform its political and legislative systems; a National Charter, which identified a national plan of action for citizens to enjoy democratic and good governance, had been adopted; and the Bahraini people now enjoyed prosperity and freedom.
Mr. Al-Khalifa said all Bahraini citizens who had the desire to return home and participate in the building of the society were provided with the necessary assistance; a new decree had also been adopted providing amnesty to those who had been arrested, convicted or those who had committed crimes against the State; a national reconciliation process had already been initiated with the aim of allowing all to enjoy equality and freedom; and the Kingdom had taken strides in its efforts to modernize the society.
Felice Gaer, the Committee Expert serving as Rapporteur to the report of Bahrain, said Bahrain was fully engaged in modernizing its society and was emerging from the difficulties which it had experienced in the 1990s. The State party had provided a lot of information in its initial report. The Committee, however, was looking for information on current practices and the structure of the law regarding the prevention of acts of torture.
She welcomed the decrees on amnesty and national reconciliation, which were positive aspects. However, she said that victims of past violations should be compensated and impunity should not be tolerated. The new anti-terrorism draft law, if adopted, might reinstate past practices, and that could lead to acts of torture according to legal analysts. She asked if there were female judicial officials, such as judges in Bahrain.
Alexander M. Yakovlev, the Committee Expert serving as co-Rapporteur to the report of Bahrain, said he was impressed by the efforts of Bahrain to transform itself and reform the society. He was also impressed by the King's declaration in June 2001 in which he stated that torture was a heinous crime, which was rejected by Islam and Bahrain's cultural traditions.
Mr. Yakovlev asked if a medical practitioner was present in prisons and other detention centres to assist detainees. He said the establishment of a medical certificate was essential in the event an individual was subjected to torture and eventually to lodge complaints. Did detainees enjoy the right to access medical doctors while in detention? He also asked if judges and monitoring groups carried out visits.
Other Committee Experts also raised a number of questions pertaining to amnesty for perpetrators of acts of torture; compensation to victims of torture and violence; mechanisms for redress for victims of torture; Parliament's rejection of the establishment of an independent national human rights commission in accordance with the Paris Principles; the independence of the judiciary; the functioning of the various ministries in protecting human rights, the political impact of Decree 56 on the people; the legality of jail for debt; and refoulement of asylum seekers, among other things.
Also representing the delegation of Bahrain were representatives of the Office of the Public Prosecution, the Ministry of Foreign Affairs, the Ministry of the Interior, the Department of Legal Affairs, and the Permanent Mission of Bahrain to the United Nations Office at Geneva.
The delegation will return to the Committee at 4 p.m. on Friday, 13 May, to provide its response to the questions raised this morning.
Bahrain is among the 139 States parties to the Convention and as such it must present periodic reports to the Committee on how it is implementing the provisions of the Convention.
When the Committee reconvenes at 4 p.m. this afternoon it will hear the response of Uganda to questions raised by Committee Experts on Wednesday, 11 May.
Report of Bahrain
According to the initial report of Bahrain, contained in document CAT/C/47/Add.4, the Constitution of Bahrain guarantees respect for human rights in keeping with the lofty values and sublime humanitarian principles embodied in the National Charter. It guarantees that the law prohibits torture. According to the principles set out in article 19 of the Constitution, no one may be subjected to physical or mental torture and the law prescribes the penalties for the commission of such acts. The Convention against Torture has acquired the force of law. Any citizen can also lodge a complaint against administrative authorities and departmental heads, including the relevant ministries.
The Constitution and relevant laws of the Kingdom of Bahrain provide legal guarantees of the prohibition of torture or degrading treatment and punish those who commit such acts. The constitutional and political developments that have taken place in Bahrain are confirmation that the country respects human rights, including the principle of prohibition of torture. Moreover, the actions of the legislative, executive and judicial authorities demonstrate that full effect was given to the constitutional provisions guaranteeing the primacy of the law.
The report notes that the definition of torture given in the Constitution and the Penal Code is consistent with the definition provided in article 1 of the Convention. There are no provisions in domestic legislation that justify torture under any circumstances. The Kingdom's laws do not grant the investigating authorities any immunity from judicial scrutiny, nor do they grant them any special powers to determine the methods dealing with complaints about torture.
Presentation of Report
SHEIKH KHALID BIN ALI AL-KHALIFA, Under-Secretary of the Ministry of Justice of Bahrain, said Bahrain rejected torture as it affected the dignity of human beings. In his address on 20 June 2001 on the occasion of the United Nations International Day in Support of Victims of Torture, His Royal Highness King Hamad bin Isa Al Khalifa, the King of Bahrain, said that torture was a deplorable offence that was prohibited by Bahraini law and rejected by the teachings of the noble Islamic religion; and it was repellent to the Bahraini traditions and cultural heritage.
Mr. Al-Khalifa said since 1999, Bahrain had started to reform its political and legislative systems. A National Charter, which identified a national plan of action for citizens to enjoy democratic and good governance, had been adopted. The Bahraini people now enjoyed prosperity and freedom. Crimes against the security of the state were examined by courts, which were established for such purposes. The decree on state security procedures had been abrogated by a new decree.
All Bahraini citizens who had the desire to return home and participate in the building of the society were provided with the necessary assistance, Mr. Al-Khalifa said. A new decree had also been adopted providing amnesty to those who had been arrested, convicted or those who had committed crimes against the State. A national reconciliation process had already been initiated with the aim of allowing all to enjoy equality and freedom in the society. The Kingdom had taken strides in its efforts to modernize the society.
Mr. Al-Khalifa said that at the State level, national chambers had been established to represent the people in the preparation process of legislation. A Constitutional Court had been set up to better guarantee the rights and fundamental freedoms of all citizens. Each citizen had the right to contest any decision and could lodge complaints with the Constitutional Court. The Penal Code had also been reviewed to cope with the modern needs of the society.
The rights of women had been strengthened through their full participation in municipal councils and national legislative bodies, the speaker said. At present, six women were serving as deputies. Women also held high ranking State posts in all fields.
Mr. Al-Khalifa said in the Kingdom of Bahrain, freedom of expression was guaranteed, as well as all other fundamental freedoms. The Government had also continued its efforts in combating torture. Non-governmental organizations were cooperating with the Government in that endeavour. Legislative and administrative mechanisms had been put in place to prevent acts of torture.
Further, Mr. Al-Khalifa said the international conventions, including the Convention against Torture, had been incorporated into domestic legislation. In addition to the measures undertaken by the State to prevent acts of torture, a number of non-governmental organizations had been monitoring the implementation of the provisions of the Convention. The Constitution was also the prime guarantor against torture and other forms of ill-treatment. The Government of Bahrain cooperated with the international community in efforts to eradicate acts of torture.
Discussion
FELICE GAER, the Committee Expert serving as Rapporteur to the report of Bahrain, said Bahrain was fully engaged in modernizing its society and emerging from the difficulties which it experienced in the 1990s. The State party had provided a lot of information in its initial report. The Committee, however, was looking for information on current practices and the structure of the law regarding the prevention of acts of torture.
When the Working Group on arbitrary detention visited the country, the members had observed the changes and the shift from previous practices. In the Committee's experience, secret trials and the manner in which confessions were extracted from suspects might lead to acts of torture. It was an encouraging sign that Bahrain was shifting to its present situation.
The Rapporteur welcomed the decrees on amnesty and national reconciliation, which were positive aspects. However, she said that victims of past violations should be compensated and impunity should not be the order of the day. She asked the delegation if the State was contemplating to declare favourably articles 21 and 22 of the Convention.
Ms. Gaer asked about the measures taken before a treaty was ratified by the State, recalling that although many treaties were directly applicable in domestic laws and directly invoked in courts, this was not the case for some treaties.
The Government had the obligation to investigate and prosecute perpetrators of acts of torture, Ms. Gaer said. How could the State reconcile its obligations with decrees 10 and 56? The Constitution and the subsequent reform measures had allowed a shift from the past practices. However, it did not mean that in the past individuals were not tortured. Citing individual names that had been victims of torture, Ms. Gaer asked what the Government was doing with those cases.
Ms. Gaer asked about the procedures followed concerning deaths in custody. She also asked about the recourse followed by an individual to claim redress.
The Rapporteur said the new anti-terrorism draft law, if adopted, might reinstate past practices, and that could lead to acts of torture, according to legal analysts. The law would also affect the right to assembly and association. It also envisaged a 90-day preventive detention, which could lead to acts of torture. What was the opinion of the delegation on that issue?
The Bahraini law did not provide any recourse for foreign women who were serving as domestic helpers, Ms. Gaer said. There were allegations that foreign women working as housemaids were violently abused by their employers and their agents. The State authorities did not accept their complaints. What measures were envisaged to redress this situation?
She asked if there were female judicial officials, such as judges in Bahrain. What measures were taken to further protect women from domestic violence? Some court proceedings were also reportedly detrimental to women.
Prison protests had been reported on several occasions due to beatings and mistreatment, Ms. Gaer said. What measures had been undertaken to remedy the situation?
ALEXANDER M. YAKOVLEV, the Committee Expert serving as co-Rapporteur to the report of Bahrain, said he was impressed by the efforts of Bahrain to transform itself and reform the society. He was also impressed by the King's declaration in June 2001 in which he stated that torture was a heinous crime, which was rejected by Islam and Bahrain's cultural traditions.
Referring to the report, Mr. Yakovlev wanted to know about the competences of the human rights commissions. The commissions were established to deal with human rights issues in general and the prohibition of torture in particular. He asked if they were independent commissions.
Mr. Yakovlev asked if a medical practitioner was present in prisons and other detention centres to assist detainees. He said the establishment of a medical certificate was essential in the event an individual was subjected to torture and eventually to lodge complaints. Did detainees enjoy the right to access medical doctors while in detention? He also asked if judges and monitoring groups carried out visits.
Other Committee Experts also raised a number of questions. An Expert said the reform in Bahrain had been a leap from one era to another: it had gone from being a traditional political system to a more democratic and constitutional system; and the separation of State powers had been ensured. Women had been given their rightful places and they were enjoying their rights. Bahrain was now turning a new page in its transformation, and it had declared amnesty to all who had been arrested and those who had committed acts of torture. Did the State provide compensation to victims of torture and violence? Did it open an avenue for redress for victims of torture? He said that terrorism could not be a pretext to inflict torture on individuals. He asked if the security cooperation agreements signed with neighbouring countries provided the guarantees in article 3 of the Convention.
Another Expert asked if guarantees for fundamental freedoms were in place. Was the arrested person assisted by a lawyer from the outset of his or her arrest? Were relatives informed about the arrest? Was the arrested person informed about his or her rights? Did arrested persons have access to medical examination? Why did the House of Deputies reject the establishment of an independent national human rights commission in accordance with the Paris Principles?
Questions were also raised on the independence of the judiciary, the functioning of the various ministries in protecting human rights, the political impact of Decree 56 on the people, the implementation of the forthcoming anti-terrorism law, the legality of jail for debt, and refoulement of asylum seekers, among other things.
* *** *
This press release is not an official record and is provided for public information only.
MORNING
12 May 2005
The Committee against Torture this morning began its consideration of the initial report of Bahrain on the efforts of that country to give effect to the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Introducing the report, Sheikh Khalid Bin Ali Al-Khalifa, Under-Secretary of the Ministry of Justice of Bahrain, said since 1999, Bahrain had started to reform its political and legislative systems; a National Charter, which identified a national plan of action for citizens to enjoy democratic and good governance, had been adopted; and the Bahraini people now enjoyed prosperity and freedom.
Mr. Al-Khalifa said all Bahraini citizens who had the desire to return home and participate in the building of the society were provided with the necessary assistance; a new decree had also been adopted providing amnesty to those who had been arrested, convicted or those who had committed crimes against the State; a national reconciliation process had already been initiated with the aim of allowing all to enjoy equality and freedom; and the Kingdom had taken strides in its efforts to modernize the society.
Felice Gaer, the Committee Expert serving as Rapporteur to the report of Bahrain, said Bahrain was fully engaged in modernizing its society and was emerging from the difficulties which it had experienced in the 1990s. The State party had provided a lot of information in its initial report. The Committee, however, was looking for information on current practices and the structure of the law regarding the prevention of acts of torture.
She welcomed the decrees on amnesty and national reconciliation, which were positive aspects. However, she said that victims of past violations should be compensated and impunity should not be tolerated. The new anti-terrorism draft law, if adopted, might reinstate past practices, and that could lead to acts of torture according to legal analysts. She asked if there were female judicial officials, such as judges in Bahrain.
Alexander M. Yakovlev, the Committee Expert serving as co-Rapporteur to the report of Bahrain, said he was impressed by the efforts of Bahrain to transform itself and reform the society. He was also impressed by the King's declaration in June 2001 in which he stated that torture was a heinous crime, which was rejected by Islam and Bahrain's cultural traditions.
Mr. Yakovlev asked if a medical practitioner was present in prisons and other detention centres to assist detainees. He said the establishment of a medical certificate was essential in the event an individual was subjected to torture and eventually to lodge complaints. Did detainees enjoy the right to access medical doctors while in detention? He also asked if judges and monitoring groups carried out visits.
Other Committee Experts also raised a number of questions pertaining to amnesty for perpetrators of acts of torture; compensation to victims of torture and violence; mechanisms for redress for victims of torture; Parliament's rejection of the establishment of an independent national human rights commission in accordance with the Paris Principles; the independence of the judiciary; the functioning of the various ministries in protecting human rights, the political impact of Decree 56 on the people; the legality of jail for debt; and refoulement of asylum seekers, among other things.
Also representing the delegation of Bahrain were representatives of the Office of the Public Prosecution, the Ministry of Foreign Affairs, the Ministry of the Interior, the Department of Legal Affairs, and the Permanent Mission of Bahrain to the United Nations Office at Geneva.
The delegation will return to the Committee at 4 p.m. on Friday, 13 May, to provide its response to the questions raised this morning.
Bahrain is among the 139 States parties to the Convention and as such it must present periodic reports to the Committee on how it is implementing the provisions of the Convention.
When the Committee reconvenes at 4 p.m. this afternoon it will hear the response of Uganda to questions raised by Committee Experts on Wednesday, 11 May.
Report of Bahrain
According to the initial report of Bahrain, contained in document CAT/C/47/Add.4, the Constitution of Bahrain guarantees respect for human rights in keeping with the lofty values and sublime humanitarian principles embodied in the National Charter. It guarantees that the law prohibits torture. According to the principles set out in article 19 of the Constitution, no one may be subjected to physical or mental torture and the law prescribes the penalties for the commission of such acts. The Convention against Torture has acquired the force of law. Any citizen can also lodge a complaint against administrative authorities and departmental heads, including the relevant ministries.
The Constitution and relevant laws of the Kingdom of Bahrain provide legal guarantees of the prohibition of torture or degrading treatment and punish those who commit such acts. The constitutional and political developments that have taken place in Bahrain are confirmation that the country respects human rights, including the principle of prohibition of torture. Moreover, the actions of the legislative, executive and judicial authorities demonstrate that full effect was given to the constitutional provisions guaranteeing the primacy of the law.
The report notes that the definition of torture given in the Constitution and the Penal Code is consistent with the definition provided in article 1 of the Convention. There are no provisions in domestic legislation that justify torture under any circumstances. The Kingdom's laws do not grant the investigating authorities any immunity from judicial scrutiny, nor do they grant them any special powers to determine the methods dealing with complaints about torture.
Presentation of Report
SHEIKH KHALID BIN ALI AL-KHALIFA, Under-Secretary of the Ministry of Justice of Bahrain, said Bahrain rejected torture as it affected the dignity of human beings. In his address on 20 June 2001 on the occasion of the United Nations International Day in Support of Victims of Torture, His Royal Highness King Hamad bin Isa Al Khalifa, the King of Bahrain, said that torture was a deplorable offence that was prohibited by Bahraini law and rejected by the teachings of the noble Islamic religion; and it was repellent to the Bahraini traditions and cultural heritage.
Mr. Al-Khalifa said since 1999, Bahrain had started to reform its political and legislative systems. A National Charter, which identified a national plan of action for citizens to enjoy democratic and good governance, had been adopted. The Bahraini people now enjoyed prosperity and freedom. Crimes against the security of the state were examined by courts, which were established for such purposes. The decree on state security procedures had been abrogated by a new decree.
All Bahraini citizens who had the desire to return home and participate in the building of the society were provided with the necessary assistance, Mr. Al-Khalifa said. A new decree had also been adopted providing amnesty to those who had been arrested, convicted or those who had committed crimes against the State. A national reconciliation process had already been initiated with the aim of allowing all to enjoy equality and freedom in the society. The Kingdom had taken strides in its efforts to modernize the society.
Mr. Al-Khalifa said that at the State level, national chambers had been established to represent the people in the preparation process of legislation. A Constitutional Court had been set up to better guarantee the rights and fundamental freedoms of all citizens. Each citizen had the right to contest any decision and could lodge complaints with the Constitutional Court. The Penal Code had also been reviewed to cope with the modern needs of the society.
The rights of women had been strengthened through their full participation in municipal councils and national legislative bodies, the speaker said. At present, six women were serving as deputies. Women also held high ranking State posts in all fields.
Mr. Al-Khalifa said in the Kingdom of Bahrain, freedom of expression was guaranteed, as well as all other fundamental freedoms. The Government had also continued its efforts in combating torture. Non-governmental organizations were cooperating with the Government in that endeavour. Legislative and administrative mechanisms had been put in place to prevent acts of torture.
Further, Mr. Al-Khalifa said the international conventions, including the Convention against Torture, had been incorporated into domestic legislation. In addition to the measures undertaken by the State to prevent acts of torture, a number of non-governmental organizations had been monitoring the implementation of the provisions of the Convention. The Constitution was also the prime guarantor against torture and other forms of ill-treatment. The Government of Bahrain cooperated with the international community in efforts to eradicate acts of torture.
Discussion
FELICE GAER, the Committee Expert serving as Rapporteur to the report of Bahrain, said Bahrain was fully engaged in modernizing its society and emerging from the difficulties which it experienced in the 1990s. The State party had provided a lot of information in its initial report. The Committee, however, was looking for information on current practices and the structure of the law regarding the prevention of acts of torture.
When the Working Group on arbitrary detention visited the country, the members had observed the changes and the shift from previous practices. In the Committee's experience, secret trials and the manner in which confessions were extracted from suspects might lead to acts of torture. It was an encouraging sign that Bahrain was shifting to its present situation.
The Rapporteur welcomed the decrees on amnesty and national reconciliation, which were positive aspects. However, she said that victims of past violations should be compensated and impunity should not be the order of the day. She asked the delegation if the State was contemplating to declare favourably articles 21 and 22 of the Convention.
Ms. Gaer asked about the measures taken before a treaty was ratified by the State, recalling that although many treaties were directly applicable in domestic laws and directly invoked in courts, this was not the case for some treaties.
The Government had the obligation to investigate and prosecute perpetrators of acts of torture, Ms. Gaer said. How could the State reconcile its obligations with decrees 10 and 56? The Constitution and the subsequent reform measures had allowed a shift from the past practices. However, it did not mean that in the past individuals were not tortured. Citing individual names that had been victims of torture, Ms. Gaer asked what the Government was doing with those cases.
Ms. Gaer asked about the procedures followed concerning deaths in custody. She also asked about the recourse followed by an individual to claim redress.
The Rapporteur said the new anti-terrorism draft law, if adopted, might reinstate past practices, and that could lead to acts of torture, according to legal analysts. The law would also affect the right to assembly and association. It also envisaged a 90-day preventive detention, which could lead to acts of torture. What was the opinion of the delegation on that issue?
The Bahraini law did not provide any recourse for foreign women who were serving as domestic helpers, Ms. Gaer said. There were allegations that foreign women working as housemaids were violently abused by their employers and their agents. The State authorities did not accept their complaints. What measures were envisaged to redress this situation?
She asked if there were female judicial officials, such as judges in Bahrain. What measures were taken to further protect women from domestic violence? Some court proceedings were also reportedly detrimental to women.
Prison protests had been reported on several occasions due to beatings and mistreatment, Ms. Gaer said. What measures had been undertaken to remedy the situation?
ALEXANDER M. YAKOVLEV, the Committee Expert serving as co-Rapporteur to the report of Bahrain, said he was impressed by the efforts of Bahrain to transform itself and reform the society. He was also impressed by the King's declaration in June 2001 in which he stated that torture was a heinous crime, which was rejected by Islam and Bahrain's cultural traditions.
Referring to the report, Mr. Yakovlev wanted to know about the competences of the human rights commissions. The commissions were established to deal with human rights issues in general and the prohibition of torture in particular. He asked if they were independent commissions.
Mr. Yakovlev asked if a medical practitioner was present in prisons and other detention centres to assist detainees. He said the establishment of a medical certificate was essential in the event an individual was subjected to torture and eventually to lodge complaints. Did detainees enjoy the right to access medical doctors while in detention? He also asked if judges and monitoring groups carried out visits.
Other Committee Experts also raised a number of questions. An Expert said the reform in Bahrain had been a leap from one era to another: it had gone from being a traditional political system to a more democratic and constitutional system; and the separation of State powers had been ensured. Women had been given their rightful places and they were enjoying their rights. Bahrain was now turning a new page in its transformation, and it had declared amnesty to all who had been arrested and those who had committed acts of torture. Did the State provide compensation to victims of torture and violence? Did it open an avenue for redress for victims of torture? He said that terrorism could not be a pretext to inflict torture on individuals. He asked if the security cooperation agreements signed with neighbouring countries provided the guarantees in article 3 of the Convention.
Another Expert asked if guarantees for fundamental freedoms were in place. Was the arrested person assisted by a lawyer from the outset of his or her arrest? Were relatives informed about the arrest? Was the arrested person informed about his or her rights? Did arrested persons have access to medical examination? Why did the House of Deputies reject the establishment of an independent national human rights commission in accordance with the Paris Principles?
Questions were also raised on the independence of the judiciary, the functioning of the various ministries in protecting human rights, the political impact of Decree 56 on the people, the implementation of the forthcoming anti-terrorism law, the legality of jail for debt, and refoulement of asylum seekers, among other things.
* *** *
This press release is not an official record and is provided for public information only.
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