The Establishment of the Commission
for the Rights of Prisoners and Detainees
In 2 September 2013, the King of Bahrain issued a Decree on the
establishment of the Commission for the rights of Prisoners and
Detainees. The purpose of this Commission is to monitor the conditions
of the prisons and detention centres and prevent torture and ill-
treatment.
Article 1 stipulates that the Commission should be independent,
impartial, free and transparent when performing its duties. The
Commission consists of 11 members, in addition to its chairman who
must be the General Secretary of the ombudsman’s office in the Ministry
of Interior. According to Article 2 of the Decree: three members
should be nominated by the Chairman, four members by the National
Institution for Human Rights (NIHR), and four members by the Supreme
Judiciary Council and the Attorney General . Nominated members should
be renowned for their efficiency, honesty and impartiality and should
be representative of all the varying elements and components of
the Kingdom according to Article 2.
Article three outlined the scope of the Commission’s missions
in five points: To visit inmates in prisons and detention centres
in order to verify the conditions of their detention and ensure
that they meet international standards, to conduct interviews and
talk freely with inmates in order to listen and understand the nature
of their problems, To notify the competent authorities of any cases
of torture, harsh or inhumane treatment and finally to submit recommendations
and suggestions on how best to improve the conditions of the detainees.
The Decree also obliges the Commission to observe the relevant rules
and procedures in its reports and recommendations.
The Justice Minister stated that the step of establishing the
Commission took into consideration the UN adopted principles in
the field of the prevention of torture and the relevant optional
protocol OPCAT, and that it came as result of consultations with
the inspectors of British prisons and the UN Committee against Torture.
The APT welcomed the decision to establish the Commission and
called on Bahrain in a statement issued in Geneva on 16 September
2013, to guarantee that the new Commission would be enabled to perform
its tasks independently and that it is composed of impartial and
truly independent members who enjoy the trust of all sectors of
the community.
The statement also indicated that the commission will only be
effective if it can gain the trust of the authorities and the wider
society. This requires that the commission should be composed of
impartial and truly independent members whose selection is conducted
via strict procedures. The statement called, in that respect, upon
the authorities entrusted with the task of selecting the committee’s
members to consult with the various active components of the community
such as the independent civil society institutions and the opposition’s
political societies.
The statement noted that the decree included many elements of
OPCAT and hoped that such a step could bring Bahrain closer to the
ratification of the Protocol to become the first GCC country that
seriously prevents torture in its detention centres. Finally, APT
called on Bahrain to arrange a new date for the visit of the special
Rapporteur on Torture to Bahrain.
The British Ambassador to Bahrain, Iain Lindsay, welcomed the
establishment of the Commission for the rights of Prisoners and
Detainees and said in a statement on 22 September 2013, ‘The UK
welcomes the commitment made by the Government of Bahrain during
the UN Human Rights Council’s Universal Periodic Review in 2012,
to consider signing OPCAT’. He also added that ‘As noted by the
Association for the Prevention of Torture in their statement on
16 September, this is a positive step by the Government of Bahrain.
The establishment of the Prisoners and Detainees Commission brings
Bahrain a step closer to ratifying OPCAT, the UN torture prevention
treaty’. He continued by saying ‘with the creation of the Ministry
of Interior Ombudsman, and the work of the revamped National Institute
for Human Rights, I welcome the steps Bahrain is taking to prevent
torture in places of detention. I urge these institutions to fulfil
their important mandate and the Government to expedite its implementation
of the recommendations of the Bahrain Independent Commission of
Inquiry and those recommendations made under the Universal Periodic
Review, which it accepted in full or in part.
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