NIHR’s Report:
Implementing the recommendations is a Government Task
NIHR (the National Institution for Human Rights) of Bahrain issued
its first annual report for 2013, in accordance with the Decree
establishing it, which stipulates that ““NIHR shall prepare an annual
report on its efforts, activities and other works. This report shall
incorporate its proposals and recommendations that fall within its
mandate, and shall define performance constraints and the solutions
adopted to overcome such constraints”.
The report was notably bold in addressing various human rights
issues with a high level of transparency, and was also bold in its
characterization of the human rights conditions in Bahrain, prior
to the submission of its recommendations to the government.
In 150 pages, the Report covered all topics including those related
to the Institution itself, in terms of its inception, organizational
structure, strategy and action plans. It also covered the civil
and political rights, economic and social rights, the rights of
groups that are most worthy of care as well as the issues of national
dialogue and corruption.
At the outset, the report pointed out the government bodies,
such as ministries and institutions, which cooperated with NIHR
by responding to its letters requesting clarifications or information,
as well as those government bodies that failed to cooperate with
NIHR. Likewise, the report mentioned by name those civil society
institutions which were addressed, indicating which ones cooperated
and which ones failed to do so, whether in respect of releasing
the report or else.
The Right to Life and to Physical and Moral Integrity
The second chapter of the report addressed the civil and political
rights that have faced challenges in practice. The Chapter referred
to ‘The Right to Life and the Right to Physical and Moral Integrity’,
indicating that the death penalty was issued against only one person
in 2013. The Report also noted that Bahrain’s Government adopted
a voluntary moratorium on the application of the death penalty or
its complete abolition.
With regard to ‘the right to physical and moral integrity’, the
Report pointed to the establishment of the Special Investigation
Unit, concerned with investigating allegations of torture, and explained
that “ the said Special Investigation Unit, in its current form,
does not have the aspired independence and impartiality to ensure
effective investigations. The Report attributed this to the fact
that the Investigation Unit has been assigned to the public prosecution
because “it is the authority that undertakes the investigation with
an individual who combines the mantle of being accused of committing
acts of criminal law with that of a victim who was subjected to
torture or other forms of ill-treatment.”
The Report considered that the Special Investigation Unit was
not transparent enough, because the reports it issued were “brief
and do not rise to the level of public reports which must include
the minimum information referred to in the Istanbul Protocol”. The
report said that the NIHR has submitted inquiries to the public
prosecution office about the nine deaths cases that were referred
to the courts, where 37 members of the security forces were accused
including six officers “However, NIHR has not obtained confirmed
information about the nature of the judgments awarded on those cases,
whether acquittal or conviction, or about the length of the sentences
the convicts received, since the Institution has not receive any
response to its communications“.
The report added that NIHR “ noticed a discrepancy between the
judgments awarded against the accused persons in security cases,
such as enticement to violence, riots, or other similar acts, in
which the terms of imprisonment are usually long, and the sentences
issued against those accused, among the employees of the Ministry
of Interior, in cases of torture and other forms of ill-treatment.
The judgement in the latter’s cases is, if not an acquittal, usually
diluted, and does not commensurate with the offense committed. Such
approach, if proven, does nothing but encourages the culture of
impunity”.
On the other hand, NIHR’s Report acknowledged the efforts of
the Ombudsman Office of the Ministry of Interior with respect to
allowing its visit to the Reform and Rehabilitation Centre (Jaw
Prison) which enabled the Institution to issue a report on the extent
of the application of the International standards regarding the
humane treatment, the conditions of the place of detention and the
rights and legal safeguards for detainees, as well as their health
care.
While the Report refers to the government efforts concerning
‘the Right to Physical and Moral Integrity’, it states, however
that, this right “is still subject to, a more or less, frequents
violations. The security events taking place in the Kingdom have
brought these violations to light, given the improper use of force
by the public security forces, such as using shotguns, tear gas
inside houses and confined places, and stun grenades, in addition
to allegations of assault by beating during the arrest of suspects.
The monitoring process carried out by NIHR revealed the existence
of cases where this right has been violated, which resulted in physical
injuries, some of which are classified as severe”.
The report pointed to the government‘s establishment of the National
Fund for the Compensation of the Affected People, with the purpose
of the redressing and reparation of the victims of violations. The
Government established alternatives to resolve the situation of
the affected people as soon as possible through the ‘Civil Settlement
Initiative’. The Report said that since March 2012 the Ministry
of Justice has received nearly 84 settlement requests for death
cases, and 420 settlement requests relating to injuries. All the
death cases mentioned in Bassiouni’s report (35 cases) were compensated,
in addition to four other cases which were not mentioned in the
report.
The NIHR, after examining dozens of complaints concerning torture
and ill-treatment, has expressed its legal opinion and referred
them to the concerned authorities, but received no responses. An
NIHR delegation also visited the Dry Dock Detention Centre to verify
allegations of ill-treatment and submitted a report to the competent
authorities, which denied the occurrence of abuse without giving
any details. Another delegation visited the detention centre in
order to investigate after the occurrence of inci?ents of chaos
and riots. The delegation met officials at the centre as well as
a number of detainees and concluded by referring to “the existence
of marks consistent with severe assault on different parts of the
bodies of those arrested, in a manner that can be described as collective
punishment”. NIHR submitted its report to the Ministry of the Interior
together with the recommendations.
The Report’s recommendations to the Government called for: the
independence of the Special Investigation Unit (SIU), in conformity
with the Istanbul Protocol; and called for the SIU’s compliance
with the Protocol, including the issuance of public reports; accession
to the optional Protocol annexed to the Convention against Torture;
the issuing of legislations to ensure that rehabilitation and detention
centres conform to international standards, which means putting
them under the supervision of the Minist?y of Justice. The report
urged the government to speed up the disbursement of compensations;
subject those in charge of law enforcement to comprehensive training
programs; limit the use of solitary confinement as a disciplinary
measure; consider setting a date for the visit of the UN Special
Rapporteur on torture and apply a process of legal accountability
for all decision-makers among the security leaders with regard to
cases of death due to torture or other forms of ill-treatment.
The Right to Liberty and Security
The NIHR’s Report of 2013 dealt with the local and international
legislative background regarding this right, and explained the legislative
and legal safeguards, and the Ministry of Interior’s procedures
relating to the preservation of this right. The report concluded
that the government has succeeded in developing a substantive legal
and procedural fence in activating the recommendations of the Bassiouni
Commission (Article No. 1722/d), which recommends the adoption of
all possible steps “To avoid detention without prompt access to
lawyers and without access to the outside world. In any event, all
detention should be subject to effective monitoring by an independent
body. Moreover, every person arrested should be given a copy of
the arrest warrant”
Despite this, the Report says that:” the right to liberty and
security was prejudiced, to an extent that it was almost eliminated
in certain cases. The security measures in place showed many cases
in which the individual’s right to freedom and personal safety was
exposed to violations. These violations consist of the arrests carried
out by the authorities in violation of due process, accompanied
by assaulting the sanctity of homes and their inhabitants”... and
”the use of force to break through the doors and destruct property.
The right to physical and moral integrity was violated in certain
cases”.
In this regard, the report recommended several measures. These
include conducting effective and intensive training and awareness
programs for members of the public prosecution and the staff in
its executive arm, to Instil and enhance among them the human rights
culture, the respect for the rights of the accused, the adoption
of alternative measures to remand. The Report called for the activation
of the supervisory authority of the public prosecution office in
relation to violations committed by law enforcement officers while
conducting arrests, search, or entering houses or others. It also
urged the legislative authority to expedite the issuance of the
necessary amendments to the Criminal Procedure Code regarding granting
the accused the right to effective grievance, and the reduction
of the duration of remand, putting an end to the individual actions
by law enforcement apparatus that constitute human rights violations,
the establishment of an effective and transparent system to hold
accountable those deemed responsible for violations. The Report
further recommended the removal of obstacles to the freedom of movement;
the cessation of illegal practices at security checkpoints and finally
to consider allowing the Arbitrary Detention Team to visit Bahrain.
Other Issues
Regarding the right to a fair trial, the report criticized many
government bodies which violated the constitutionally inscribed
guarantees by publishing the names and photographs of suspects in
the official media and some local newspapers, which constitutes
a breach to the principle of the presumption of innocence, and prejudices
the human dignity of the accused.
Regarding the right to a citizenship, the report referred to
the revoke of the Bahraini citizenship of 31 people, and expressed
the view that the state has the right to do so, provided it does
not lead to the emergence of the phenomenon of (stateless) individuals.
The report added that the decision of forfeiture has caused the
said individuals to become stateless persons; therefore it recommended
re-instatement of citizenship to them.
Regarding the right to freedom of expression, the report recommended
the rapid issuance of a law on the press, printing, publishing and
audio-visual media and electronic media, in line with international
conventions. It also recommended that all licensed political associations
be allowed greater access to television and radio broadcasting,
as well as print media. The report urged the public prosecution
not to resort to arrest warrants on media issues; and urged the
government to ease censorship and restrictions on the media, and
to lift the ban on political associations issuing bulletins. Finally,
the report called on the government to allow the Special Rapporteur
on freedom of expression to visit Bahrain.
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