This LoIPR was transmitted to Bahrain prior to the submission of its second periodic report with a view to facilitating its preparation by the authorities. The responses to the questions – which include the lack of accountability for torture cases, the violent responses to peaceful demonstrations, the absence of monitoring of interrogations and the inefficiency of national institutions dealing with torture – will constitute Bahrain's report under Article 19 UNCAT.

Need for accountability for acts of torture

In light of several allegations that there is a prevailing impunity in the State party, the CAT, in its LoIPR of 18 issues, requested Bahrain to indicate which steps had been taken "to ensure that Bahraini legislation is in line with international standards providing commensurate penalties in case of torture and other forms of ill-treatment" and "to undertake prompt, impartial, effective and thorough investigations on all the allegations of torture by an independent body." The experts also requested detailed information on several specific cases, including nine cases of death in custody involving security forces, which were mentioned in the first report of the National Human Rights Institution, and the sentencing of 13 opposition leaders relying on confessions which were "allegedly obtained under torture during their detention."

Use of excessive force against demonstrators

The excessive use of force against peaceful demonstrators, as suggested by Alkarama, was also the subject of questions by the UN experts, who asked if human rights defenders who "peacefully exercised their right to freedom of opinion and expression since the 2011 uprising" and were sentenced for "attending illegal gatherings" were released and, if not, under what charges they were still detained.

Moreover, regarding the protests and demonstrations organised by opposition activists in February/March 2011, the Committee raised concerns over allegations that over 2,000 people were still detained in relation to those events and wished to know if those "charged with the offence of political expression" had had their charges dropped and the sentences commuted.

Video recording of interrogations under police custody

In its report to the Committee, Alkarama also pointed out to the need for all interrogation processes to be monitored in order to prevent torture. In that regard, the UN experts requested the State to indicate measures taken to provide audiovisual records of all interrogations of suspects.

National institutions addressing the issue of torture

The Committee also addressed the relationship between the Bahraini government and the country's national institutions working on the issue of torture.

Bahrain was asked to indicate what measures were taken by the State to act on the complaints received by the Bahraini National Institution for Human Rights (NIHR) and to present specific data on the outcome of 559 allegations of torture contained in the Bahrain Independent Commission of Inquiry (BICI) report. In this regard, the experts also requested the State party to clarify the mandate of the BICI and explain how Bahrain was ensuring the impartiality and independence of the members of the Prisoners and Detainees Rights Commission (PDRC). Finally, the UN experts asked Bahrain to comment on claims that the Special Investigation Unit created to investigate allegations of torture did "not meet the requirements of independence and impartiality necessary to monitor effective investigations."

What is next for Bahrain?

Bahrain is to provide responses to the Committee's LoIPR in its second periodic report, overdue since April 2011. Once Bahrain submits its national report, the country's compliance with the Convention against Torture (CAT) will be assessed by the Committee. Alkarama will be contributing to the review by submitting an alternative report and meeting with the Committee's experts to brief them on our key concerns.

Finally, Alkarama hopes that the remaining important issues in the country raised in our report but unaddressed by the CAT – such as the non-recognition of the absolute character of the prohibition of torture, the violations committed in the context of counter-terrorism operations, the Gulf Cooperation Council Agreement according to which State parties must "extradite persons in their territory who have been charged or convicted by competent authorities," which may constitute a violation of article 3 UNCAT, and amnesty laws which extended blank amnesty to alleged perpetrators of torture committed prior to 2001 – will be addressed during the State's review by the experts.

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