On the incrimination of torture and its absolute prohibition

Despite the fact that Bahraini law incriminates torture as a separate offense, its absolute prohibition still needs to be clearly expressed. According to information received by Alkarama, torture is still practiced, especially against persons detained for political reasons. It is practiced mostly with the goal to extract confessions that will subsequently be admitted as evidence during unfair and political trials, after which the victims are sentenced to harsh sentences. This led Alkarama to raise issues including: "Is the State party willing to put in place an effective policy of eradication of torture by all elements of its forces as well as to arrest and prosecute State officials who committed such crimes? Does the State party recognise the absolute and non-derogable character of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment?"

Bahrain has to incriminate all forms of torture as well as all types of ill-treatments. Moreover, this incrimination should cover all forms of participation: direct participation, complicity and superior responsibility for acts of torture committed by their subordinates. Alkarama requested from Bahrain "to explain what steps are being taken to criminalise effectively all forms of torture and other ill treatment according to the Convention's definition and modes of participation (i.e. attempt and complicity, superior responsibility)."

Torture must be prohibited in counter-terrorism operations

Alkarama also highlighted the need for Bahrain to ensure the absolute prohibition of torture in counter-terrorism operations. In this regard, Bahrain's Anti-Terrorism law amended in December 2014 extends the period of pre-trial detention from 10 to 28 days, and is renewable. Alkarama recalls that the pre-trial detention is a period when detainees are particularly vulnerable to torture since the authorities would use duress to obtain evidence including forced confessions. Moreover, the current law does not give the possibility for the suspect to challenge his pre-trial detention and renewal, which constitutes a violation of fundamental rights and guarantees of arrested and detained persons under international human rights law.

This situation is all the more worrisome in that 13 persons charged with anti-terrorism offences reported being subjected to tortured while being held incommunicado at the National Security Centre's headquarters of in Manama. Later, their "confessions" were broadcasted on government-controlled television channel on 28 December 2008. This case is an example of a broader pattern of the use of torture to extract forced confession, especially in counter-terrorism cases. Alkarama asked the State party "to provide the Committee with detailed information on these cases and on other cases of complaints filed by individual suspected or prosecuted for terrorism on allegations of torture to obtain confessions from them. Is there any case where the prosecution decided to dismiss such confessions as evidence?"

GCC and torture: the issue of extradition in a region where torture is a common problem

Alkarama reiterated its concerns over the Gulf Cooperation Council (GCC) Joint Security Agreement adopted in December 2012. Indeed, according to this agreement, GCC countries have to "extradite persons in their territory who have been charged or convicted by competent authorities in any State party." However, article 3 of the Convention against Torture (UNCAT) prohibits the extradition or the deportation of a person "to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture." Given the widespread use of torture in several GCC countries, Alkarama asked "that Bahrain explains how is the GCC Agreement compatible with article 3 UNCAT?"

No blanket amnesty for torturers: the need for accountability and redress

As for investigations, right to redress, protection and compensation (under articles 12, 13 and 14), in its previous concluding observations, the Committee against Torture (CAT) requested to be informed of steps taken to amend Decree No. 56 of 2002 which extended blanket amnesty to all alleged perpetrators of torture or other cruel, inhuman or degrading treatment committed prior to 2001. However, Alkarama regrets that the Decree has not been amended to date. Alkarama requested Bahrain "to explain the reason why Decree No. 56 of 2002 has not been amended to date," as well as explaining the steps it is willing to take to remedy to this situation.

With reference to the announcement of the authorities to carry out investigations on different cases of torture and especially inmates who have died under such acts, Alkarama requested the State party to "indicate what the outcome of the investigation was and if there are prosecutions, including of superior under the command responsibility doctrine, which were carried out following this death. And what were the redress measures that were taken for the victim's family."

Independence of the judiciary and of the National Human Rights Commission is crucial

Regarding the independence of the judiciary and its necessity to properly prosecute of act of torture, Alkarama asked the State party "to provide information about eventual steps that it plans to take in order to ensure that no judicial authority hinders investigations or prosecution of high level officials due to a lack of independence and impartiality." Moreover, Alkarama asked the State party "to explain how it ensures that the executive does not interfere in high profile cases and if anything has been done to ensure that those cases receive full attention and proper investigation and prosecution, without any interference (from the executive and police as well military and intelligence forces)."

Alkarama welcomed the creation of the Prisoners and Detainees Rights Commission (PDRC) and the Bahraini National Human Rights Institution (NHRI) by Royal Decree and requested Bahrain to provide information on its NHRI's independence, resources, scope, mandate and composition.

Detention facilities and interrogation processes must be monitored to avoid torture and mistreatment of detainees

Alkarama is deeply concerned by the lack of oversight of the interrogation processes particularly of individuals that are suspected of security and terrorism related crimes. For that reason, Alkarama asked "what are the legal safeguards implemented by the State party in order to ensure that no evidence obtained under torture or inhuman and degrading treatment whether inside or outside of its jurisdiction during counter-terrorism operations are excluded from all proceedings before its courts? What are the steps taken by the State party in order to ensure that all places of detentions are free from torture and other ill-treatment?"

Alkarama highlighted that reports relate of cases of incommunicado detention in which the family members of inmates were not informed on the fate and whereabouts of their relatives. Inmates were denied their fundamental rights, including for example the right to legal counsel. Alkarama asked the State party to comment on these allegations and to provide an update on the steps taken to ensure that this practice is stopped.

Report of the Prisoners and Detainees Rights Commission (PDRC) after its visit to Dry Dock Detention Centre

Alkarama carefully read the PDRC's first report, after its first assignment to visit the Dry Dock Detention Centre (DDDC) from 21-24 April 2014. Alkarama fears that the numerous shortcomings observed in the reports are mirroring the conditions of detention in the rest of the country. Alkarama reviewed the report and noted the following points of concern:

The PDRC noted in its reports that "there is no theoretical and practical training on how to use force when necessary to prevent risks and maintain order." Alkarama pointed this serious insufficiency and asked Bahrain to explain steps it is going to take in order to remedy the situation. Moreover, interrogations were not recorded. However, Alkarama recalled that recorded interrogations are a precious tool for preventing violations like torture: "can the State party explain if steps were taken to remedy to this gap?"

Alkarama expressed its concern over the lack or incomplete access to a lawyer for detainees. For example, if the Commission noted that "detainees have the right to consult their lawyers," there is "no privacy due to the presence of guards during the meetings." Alkarama recalled that the right to consult in private with a lawyer is crucial to the respect of fair trial guarantees, to prevent acts of torture as well as to allow the detainee to report acts of torture committed against him to his lawyer. "Can the State party explain why are these guarantees not implemented? Can the State party take immediate steps to ensure that those fundamental rights of friar trials are respected?"

Moreover, Alkarama noted with serious concern the lack of ways for detainees to report acts of torture to the administration or to judges. Lastly, no indication was given to the detainees as to the procedures they can use in order detainees to inform their families about their detention place, opening the door to violations such as incommunicado detention. "Can the State party explain the rules applicable to the right of detainees to inform their families about their location, in order to avoid incommunicado and enforced disappearances?"

The use of excessive force against peaceful demonstrators is a violation the CAT

Lastly, Alkarama raised the crucial issue of the excessive use of force to repress peaceful protesters. Alkarama recalled the case of a young demonstrator aged 14, Sayed Mahmoud Sayed Mohsen who was killed by police shootings during the dispersal of a demonstration in Sitra, south of Manama on 21 May 2014. Since 2011, nearly a hundred extrajudicial killings following excessive use of force were recorded, but the absence of an investigation and criminal prosecution, casts heavy doubts on the willingness of the authorities to ensure accountability and provide redress for the victims. The following questions were asked by Alkarama in its report: "How are the authorities ensuring that all security forces abide by the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials? Were investigations opened? If so, were the perpetrators prosecuted and punished? Were the victims provided with full redress, including fair and adequate compensation?"

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