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COMMITTEE AGAINST TORTURE HEARS RESPONSE OF BAHRAIN TO QUESTIONS RAISED BY EXPERTS
13 May 2005
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Committee against Torture
AFTERNOON
13 May 2005
The Committee against Torture this afternoon heard the response of Bahrain to questions raised by Committee Experts on the initial report of that country on how it is implementing the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
On Bahrain's conformity to the provisions prohibiting and preventing acts of torture, the delegation said the Penal Code contained provisions in which acts of torture were considered as a crime. Bahrain had been among the countries that supported the adoption of the Statute establishing the International Criminal Court and it had already signed the treaty.
The Government of Bahrain was combating acts of terrorism not only through the adoption of legislation, but also through concrete measures aimed at preventing acts of terrorism, the delegation said. Laws on fundamental freedoms could not be abrogated under any circumstances, thus leaving no loophole for torture to be practiced.
With regards to the two amnesty decrees, 10 and 56, promulgated to build peace and national security, the delegation said they were laws of general amnesty addressing all people who had been convicted in the past. Decree 56 was aimed at interpreting Decree 10 that the amnesty was intended for all, including those who had committed criminal acts against the State.
Bahrain had provided humanitarian assistance to those who had suffered in the past due to acts of torture, terrorism or any other harm, the delegation said. The Government had allocated financial awards to the victims of torture and ill treatment.
On the issue of extradition, the delegation said that the judge who was charged with deciding on the extradition of an individual took into consideration the risk of torture or ill treatment that the person might face in the receiving State. The person concerned could appeal the decision of the judge.
On the banning of the Bahrain Centre for Human Rights, the delegation said its establishment was authorized in accordance with the law pertaining to the set up of associations. However, the Centre had committed a number of abuses and had contravened public order. As a consequence, the ministry in charge of associations had banned the Centre after a series of warnings, which the Centre had failed to heed to. The ban had been confirmed by a court ruling.
In conclusion, the delegation said Bahrain was preparing the ground to create a national human rights commission in accordance with the Paris Principles. The delegation urged the Committee to acknowledge the measures taken by the Kingdom in the field of human rights, constitutional developments, rule of law and the independence of the judiciary.
The Committee will release its conclusions and recommendations on the report of Bahrain towards the end of the session on 20 May.
As one of the 139 States parties to the Convention against Torture, Bahrain is obliged to provide the Committee with periodic reports on the measures it has undertaken to fight torture.
Also this afternoon, the Committee held a discussion with Kamel Filali, the Rapporteur of the Inter-Committee Meetings on the guidelines on an expanded core document and treaty-specific targeted reports and harmonized guidelines on reporting under the international human rights treaties. Mr. Filali was assigned to draw a report after consulting the seven treaty bodies on their concerns vis-à-vis the second reform report of the United Nations Secretary-General entitled "Strengthening of the United Nations: an Agenda for Further Change".
When the Committee reconvenes at 10 a.m. on Tuesday, 17 May, it will start a private discussion of draft concluding observations on country reports it has considered this session. It is scheduled to meet in public at 10 a.m. on Friday, 20 May, to adopt its annual report and programme of work for future sessions before adjourning its thirty-forth session.
Response to Questions
In response to a question on Bahrain's conformity to the provisions prohibiting and preventing acts of torture, the delegation said the Penal Code contained provisions in which acts of torture were considered as a crime. Bahrain had been among the countries that supported the adoption of the Statute establishing the International Criminal Court and it had already signed the treaty.
The Government of Bahrain was combating acts of terrorism not only through the adoption of legislation, but also through concrete measures aimed at preventing acts of terrorism, the delegation said. Laws on fundamental freedoms could not be abrogated under any circumstances, thus leaving no loophole for torture to be practiced.
The two amnesty decrees 10 and 56 were promulgated to defuse the tension that had reigned in the country and to consolidate peaceful national reconciliation. They were general amnesty addressing all people who had been convicted in order to consolidate national reconciliation. The purpose was also to strengthen the building of the society. Decree 56 was aimed at interpreting Decree 10 that the amnesty was intended for all, including those who had committed criminal acts against the State. The amnesty was not in any way aimed at providing immunity to a certain group.
Bahrain had provided humanitarian assistance to those who had suffered in the past due to acts of torture, terrorism or any other harm, the delegation said. The Government had also allocated financial awards to the victims of torture and ill-treatment.
Racial discrimination and other forms of discrimination were not accepted by Bahrain, the delegation said. During the opening of the Constitutional Court, the Bahrain authorities had reaffirmed the Government's position that it was committed to combating any form of discrimination on the grounds of sex, nationality, colour or other criteria.
On the issue of extradition, the delegation said that the judge who was charged with deciding on the extradition of an individual took into consideration the risk of torture or ill treatment that the person might face in the receiving State. The person concerned could appeal the decision of the judge.
Any public officer who threatened to use or actually used torture against an individual during an interrogation was responsible for his acts and could be prosecuted if the charge was proved, the delegation said. The authorities also took cases of torture in prisons or in police stations seriously, and the perpetrators were prosecuted if the existence of torture was verified.
Arrested persons were allowed to receive medical assistance and legal counselling throughout their detention, the delegation said. The families of the suspected person should immediately be informed about the arrest. Any individual could not be held in police custody beyond 48 hours and should then be referred to a judge.
The use of an interpreter to people who did not speak Arabic was essential in the legal system of Bahrain, the delegation said. A judge could reject any investigation that did not indicate the language used during the interrogation of a non-Arabic speaking individual.
The Press Act 2002 provided for the freedom of expression and the press, the delegation said. The press exercised the full freedom in contributing to the development of the society. No newspaper could be confiscated, except in a judicial decision. Journalists had the right to obtain any information and could publish it as they decided. They were responsible for building a harmonious social atmosphere through their writings and were not expected to disseminate articles that might create misunderstanding in the society.
On the closing of the Bahrain Centre for Human Rights, the delegation said its establishment was authorized in accordance with the law pertaining to the set up of associations. However, the Centre had committed a number of abuses and had contravened public order. As a consequence, the ministry in charge of associations had banned the Centre after a series of warnings, which the Centre failed to heed to. The ban had been confirmed by a court judgement.
On domestic violence, the delegation said that in cooperation with the Women's Council, the Government had centres in all regions to monitor acts of domestic violence. Special centres had also been established to treat victims of violence.
With regard to foreign workers, the delegation said the labour code provided for the protection of foreign workers from any exploitation. The need for manpower was decided in advance before a foreigner was admitted into the country to take a job. Any abuse of foreign workers was punishable. Among measures to protect the rights of foreign workers, a committee had been established to provide effective measures for the protection of this category of workers.
In conclusion, the delegation said Bahrain was preparing the ground to create a national human rights commission in accordance with the Paris Principles. The delegation urged the Committee to acknowledge the measures taken by the Kingdom in the field of human rights, constitutional developments, rule of law and the independence of the judiciary.
In a follow-up question, an Expert asked why some human rights organizations were banned and if the Government had the intention to reinstate those organizations. The Expert also asked if the Government was allowing non-governmental organizations to visit places of detention.
The delegation said the Government had been accommodating varying ideas, which were being promoted by a number of non-governmental organizations. The democratic process was going on with the participation of non-governmental organizations. However, the right to freedom of expression should not be used to criticize judges each time they ruled on a case. The judges were doing their job independently and should not be the target of criticism by organizations.
Discussion
KAMEL FILALI, Rapporteur of the Inter-Committee Meetings, said he was appointed by the third Inter-Committee Meeting held in June 2004 in Geneva to coordinate the views of each treaty body on the coordinated reporting system and to draw up a report to the Meeting. He continued to hold discussions with the treaty bodies, to listen to the Experts and to convey their messages through the report that he was preparing for the June 20-24 Inter-Committee Meeting.
He said the brainstorming meeting on reform of the human rights treaty body system, held in Malbun, Liechtenstein, had revealed support for the Secretary-General's proposals.
Following Mr. Filali's brief introduction, some Experts said that reform was intended to facilitate the work of reporting States parties by presenting expanded core documents to all the seven committees. An Expert said that the Committee had not examined the document in detail before meeting with the Rapporteur. Among the reforms made by the Committee against Torture was that non-governmental organizations were consulted before a State party introduced its report. In addition, it had initiated sending written questions in advance to each State party whose report was scheduled for consideration during the next session of the Committee. Those positive measures had improved the work of the Committee.
In his second reform report entitled "Strengthening of the United Nations: an Agenda for Further Change", the Secretary-General proposed, inter alia, that the international human rights treaty bodes "should craft a more coordinated approach to their activities and standardize their varied reporting requirements", and that "each State should be allowed to produce a single report summarizing its adherence to the full range of international human rights treaties to which it is a party". The Secretary-General requested the Office of the High Commissioner for Human Rights to consult with the committees on new streamlined reporting procedures.
According to the draft guidelines, each report would consist of two complementary documents: a common core document and a targeted treaty-specific document. The common core document would be submitted to all treaty bodies in conjunction with a targeted report specific to the relevant treaty.
* *** *
This press release is not an official record and is provided for public information only.
AFTERNOON
13 May 2005
The Committee against Torture this afternoon heard the response of Bahrain to questions raised by Committee Experts on the initial report of that country on how it is implementing the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
On Bahrain's conformity to the provisions prohibiting and preventing acts of torture, the delegation said the Penal Code contained provisions in which acts of torture were considered as a crime. Bahrain had been among the countries that supported the adoption of the Statute establishing the International Criminal Court and it had already signed the treaty.
The Government of Bahrain was combating acts of terrorism not only through the adoption of legislation, but also through concrete measures aimed at preventing acts of terrorism, the delegation said. Laws on fundamental freedoms could not be abrogated under any circumstances, thus leaving no loophole for torture to be practiced.
With regards to the two amnesty decrees, 10 and 56, promulgated to build peace and national security, the delegation said they were laws of general amnesty addressing all people who had been convicted in the past. Decree 56 was aimed at interpreting Decree 10 that the amnesty was intended for all, including those who had committed criminal acts against the State.
Bahrain had provided humanitarian assistance to those who had suffered in the past due to acts of torture, terrorism or any other harm, the delegation said. The Government had allocated financial awards to the victims of torture and ill treatment.
On the issue of extradition, the delegation said that the judge who was charged with deciding on the extradition of an individual took into consideration the risk of torture or ill treatment that the person might face in the receiving State. The person concerned could appeal the decision of the judge.
On the banning of the Bahrain Centre for Human Rights, the delegation said its establishment was authorized in accordance with the law pertaining to the set up of associations. However, the Centre had committed a number of abuses and had contravened public order. As a consequence, the ministry in charge of associations had banned the Centre after a series of warnings, which the Centre had failed to heed to. The ban had been confirmed by a court ruling.
In conclusion, the delegation said Bahrain was preparing the ground to create a national human rights commission in accordance with the Paris Principles. The delegation urged the Committee to acknowledge the measures taken by the Kingdom in the field of human rights, constitutional developments, rule of law and the independence of the judiciary.
The Committee will release its conclusions and recommendations on the report of Bahrain towards the end of the session on 20 May.
As one of the 139 States parties to the Convention against Torture, Bahrain is obliged to provide the Committee with periodic reports on the measures it has undertaken to fight torture.
Also this afternoon, the Committee held a discussion with Kamel Filali, the Rapporteur of the Inter-Committee Meetings on the guidelines on an expanded core document and treaty-specific targeted reports and harmonized guidelines on reporting under the international human rights treaties. Mr. Filali was assigned to draw a report after consulting the seven treaty bodies on their concerns vis-à-vis the second reform report of the United Nations Secretary-General entitled "Strengthening of the United Nations: an Agenda for Further Change".
When the Committee reconvenes at 10 a.m. on Tuesday, 17 May, it will start a private discussion of draft concluding observations on country reports it has considered this session. It is scheduled to meet in public at 10 a.m. on Friday, 20 May, to adopt its annual report and programme of work for future sessions before adjourning its thirty-forth session.
Response to Questions
In response to a question on Bahrain's conformity to the provisions prohibiting and preventing acts of torture, the delegation said the Penal Code contained provisions in which acts of torture were considered as a crime. Bahrain had been among the countries that supported the adoption of the Statute establishing the International Criminal Court and it had already signed the treaty.
The Government of Bahrain was combating acts of terrorism not only through the adoption of legislation, but also through concrete measures aimed at preventing acts of terrorism, the delegation said. Laws on fundamental freedoms could not be abrogated under any circumstances, thus leaving no loophole for torture to be practiced.
The two amnesty decrees 10 and 56 were promulgated to defuse the tension that had reigned in the country and to consolidate peaceful national reconciliation. They were general amnesty addressing all people who had been convicted in order to consolidate national reconciliation. The purpose was also to strengthen the building of the society. Decree 56 was aimed at interpreting Decree 10 that the amnesty was intended for all, including those who had committed criminal acts against the State. The amnesty was not in any way aimed at providing immunity to a certain group.
Bahrain had provided humanitarian assistance to those who had suffered in the past due to acts of torture, terrorism or any other harm, the delegation said. The Government had also allocated financial awards to the victims of torture and ill-treatment.
Racial discrimination and other forms of discrimination were not accepted by Bahrain, the delegation said. During the opening of the Constitutional Court, the Bahrain authorities had reaffirmed the Government's position that it was committed to combating any form of discrimination on the grounds of sex, nationality, colour or other criteria.
On the issue of extradition, the delegation said that the judge who was charged with deciding on the extradition of an individual took into consideration the risk of torture or ill treatment that the person might face in the receiving State. The person concerned could appeal the decision of the judge.
Any public officer who threatened to use or actually used torture against an individual during an interrogation was responsible for his acts and could be prosecuted if the charge was proved, the delegation said. The authorities also took cases of torture in prisons or in police stations seriously, and the perpetrators were prosecuted if the existence of torture was verified.
Arrested persons were allowed to receive medical assistance and legal counselling throughout their detention, the delegation said. The families of the suspected person should immediately be informed about the arrest. Any individual could not be held in police custody beyond 48 hours and should then be referred to a judge.
The use of an interpreter to people who did not speak Arabic was essential in the legal system of Bahrain, the delegation said. A judge could reject any investigation that did not indicate the language used during the interrogation of a non-Arabic speaking individual.
The Press Act 2002 provided for the freedom of expression and the press, the delegation said. The press exercised the full freedom in contributing to the development of the society. No newspaper could be confiscated, except in a judicial decision. Journalists had the right to obtain any information and could publish it as they decided. They were responsible for building a harmonious social atmosphere through their writings and were not expected to disseminate articles that might create misunderstanding in the society.
On the closing of the Bahrain Centre for Human Rights, the delegation said its establishment was authorized in accordance with the law pertaining to the set up of associations. However, the Centre had committed a number of abuses and had contravened public order. As a consequence, the ministry in charge of associations had banned the Centre after a series of warnings, which the Centre failed to heed to. The ban had been confirmed by a court judgement.
On domestic violence, the delegation said that in cooperation with the Women's Council, the Government had centres in all regions to monitor acts of domestic violence. Special centres had also been established to treat victims of violence.
With regard to foreign workers, the delegation said the labour code provided for the protection of foreign workers from any exploitation. The need for manpower was decided in advance before a foreigner was admitted into the country to take a job. Any abuse of foreign workers was punishable. Among measures to protect the rights of foreign workers, a committee had been established to provide effective measures for the protection of this category of workers.
In conclusion, the delegation said Bahrain was preparing the ground to create a national human rights commission in accordance with the Paris Principles. The delegation urged the Committee to acknowledge the measures taken by the Kingdom in the field of human rights, constitutional developments, rule of law and the independence of the judiciary.
In a follow-up question, an Expert asked why some human rights organizations were banned and if the Government had the intention to reinstate those organizations. The Expert also asked if the Government was allowing non-governmental organizations to visit places of detention.
The delegation said the Government had been accommodating varying ideas, which were being promoted by a number of non-governmental organizations. The democratic process was going on with the participation of non-governmental organizations. However, the right to freedom of expression should not be used to criticize judges each time they ruled on a case. The judges were doing their job independently and should not be the target of criticism by organizations.
Discussion
KAMEL FILALI, Rapporteur of the Inter-Committee Meetings, said he was appointed by the third Inter-Committee Meeting held in June 2004 in Geneva to coordinate the views of each treaty body on the coordinated reporting system and to draw up a report to the Meeting. He continued to hold discussions with the treaty bodies, to listen to the Experts and to convey their messages through the report that he was preparing for the June 20-24 Inter-Committee Meeting.
He said the brainstorming meeting on reform of the human rights treaty body system, held in Malbun, Liechtenstein, had revealed support for the Secretary-General's proposals.
Following Mr. Filali's brief introduction, some Experts said that reform was intended to facilitate the work of reporting States parties by presenting expanded core documents to all the seven committees. An Expert said that the Committee had not examined the document in detail before meeting with the Rapporteur. Among the reforms made by the Committee against Torture was that non-governmental organizations were consulted before a State party introduced its report. In addition, it had initiated sending written questions in advance to each State party whose report was scheduled for consideration during the next session of the Committee. Those positive measures had improved the work of the Committee.
In his second reform report entitled "Strengthening of the United Nations: an Agenda for Further Change", the Secretary-General proposed, inter alia, that the international human rights treaty bodes "should craft a more coordinated approach to their activities and standardize their varied reporting requirements", and that "each State should be allowed to produce a single report summarizing its adherence to the full range of international human rights treaties to which it is a party". The Secretary-General requested the Office of the High Commissioner for Human Rights to consult with the committees on new streamlined reporting procedures.
According to the draft guidelines, each report would consist of two complementary documents: a common core document and a targeted treaty-specific document. The common core document would be submitted to all treaty bodies in conjunction with a targeted report specific to the relevant treaty.
* *** *
This press release is not an official record and is provided for public information only.
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