In Dialogue with Bahrain, Experts of the Committee against Torture Praise Encouraging Legislative Efforts, Ask about the Reported Continuation of Acts of Torture or Ill-Treatment and Reported Shortcomings in Prison Medical Services
The Committee against Torture today concluded its consideration of the fourth periodic report of Bahrain under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, with Committee Experts praising the State’s legislative progress, and raising questions about the reported continuation of acts of torture or ill-treatment, both in and out of detention, and reported shortcomings in prison medical services.
Abderrazak Rouwane, Country Rapporteur and Committee Expert, praised the encouraging efforts made by Bahrain since its last examination in 2018, including its amendment to the definition of torture contained in the Penal Code and its adoption of laws that provided for non-custodial measures for minor crimes in lieu of pretrial detention, the alternative punishment programme, and open prisons.
Mr. Rouwane said that the Committee had received information from multiple sources that acts of torture or ill-treatment continued to be practiced in Bahrain, both in and out of detention. Reports indicated that political opponents, human rights defenders and migrants continued to be subjected to violations such as beatings, sleep deprivation and sexual violence. Vulnerable groups in detention centres had alleged facing threats of rape, solitary confinement and medical negligence.
Liu Huawen, Country Rapporteur and Committee Expert, raised concerns about reports of shortcomings in medical services provided in prisons. Last year, two so-called “political prisoners” had died due to authorities’ failure to address their chronic health conditions. What measures were in place to ensure that all prisoners had timely access to comprehensive medical care?
Introducing the report, Nawaf bin Mohammed Al Maawda, Minister of Justice and Islamic Affairs of Bahrain and head of the delegation, said that through reforms pursued by the King, Bahrain had established a solid constitutional and legal framework for the protection of human rights. The Kingdom had amended the Penal Code to increase penalties for perpetrators of torture crimes and to oblige all competent authorities to monitor places of detention and investigate any allegations of ill-treatment.
The Special Investigation Unit played a pivotal role in addressing allegations of torture and ill-treatment professionally, Mr. Al Maawda continued. During the past five years, the Unit had received about 300 complaints, which it had dealt with in accordance with international standards. Since 2022, criminal sentences and disciplinary sanctions had been issued in 23 cases involving 36 defendants, with a conviction rate of 100 per cent in recent years. This had contributed to a reduction in the number of complaints under the Unit's jurisdiction by nearly 90 per cent.
The delegation said human rights and criminal justice were respected in Bahrain. The Ministry of Interior trained staff on human rights, stressing the prohibition of torture. The Royal Police Academy offered courses on human rights and international law, and workshops for correctional centre staff on the treatment of detainees. Training was provided for security forces on the use of force and weapons, which were only to be used as a last resort. In recent years, violence and weapons had never been used by prison staff on detainees.
Mr. Al Maawda said the Kingdom guaranteed comprehensive and free health care for inmates in correction and rehabilitation centres, and this care had improved greatly since the transfer of supervision of health services to Government hospitals. The State party had also opened medical clinics in detention centres, and medical staff in these clinics enjoyed full independence and had received training on managing medical emergencies and documenting evidence of abuse.
In closing remarks, Claude Heller, Committee Chair, thanked the delegation for providing the Committee with useful information on a range of topics. Based on the dialogue, the Committee would develop concluding observations and priority recommendations. Its aim was to supervise Bahrain’s compliance with the Convention and the Committee’s recommendations.
In his concluding remarks, Mr. Al Maawda expressed deep gratitude to the Committee for the dialogue, which he said was an important opportunity to present the efforts made by the State party to prohibit and prevent torture and ill-treatment. Bahrain was committed to implementing the Convention and would benefit in this regard from the Committee’s valuable observations.
The delegation of Bahrain consisted of the Director General of Legal Affairs and Human Rights; theChief Executive of the Government Hospitals; the Undersecretary for Planning and Family Reconciliation and Alimony; the Assistant Undersecretary for State Issues and International Cooperation; the Assistant Undersecretary for Legal Affairs; and representatives of the Ministry of Interior; the Supreme Council for Women; the Special Investigation Unit; the Legal Affairs Directorate; the General Directorate of Execution of Judgments and Alternative Penalties; the Ministry of Justice and Islamic Affairs; and the Permanent Mission of Bahrain to the United Nations Office at Geneva.
The Committee will issue concluding observations on the report of Bahrain at the end of its eighty-third session on 28 November. Those, and other documents relating to the Committee’s work, including reports submitted by States parties, will be available on the session’s webpage. Summaries of the public meetings of the Committee can be found here, and webcasts of the public meetings can be found here.
The Committee will next meet in public on Thursday, 20 November at 3p.m. to continue its examination of the third periodic report of Albania (CAT/C/ALB/3).
Report
The Committee has before it the fourth periodic report of Bahrain (CAT/C/BHR/4).
Presentation of Report
NAWAF BIN MOHAMMED AL MAAWDA, Minister of Justice and Islamic Affairs of Bahrain and head of the delegation, said that through reforms pursued by the King, the Kingdom of Bahrain had established a solid constitutional and legal framework for the protection of human rights, based on the principle of the rule of law and equal human dignity. The Kingdom's Constitution guaranteed protection from torture and degrading treatment, prohibited the detention of anyone in places that were not officially recognised, and guaranteed the independence of the judiciary and the right of every accused person to a fair trial.
The Kingdom had been keen to develop its legislation in line with its international obligations, amending articles 208 and 232 of the Penal Code to increase penalties for perpetrators of torture crimes, and to oblige all competent authorities to monitor places of detention and investigate any allegations of ill-treatment. The Public Prosecution had established a specialised department for physical evidence that collected and analysed evidence using modern scientific means to ensure the integrity of the evidentiary procedures.
Several royal pardons had been issued over the past years, and the State was promoting the reintegration of released prisoners into society through training and rehabilitation programmes and appropriate job opportunities. The alternative punishments programme, launched in July 2017, made it possible to replace deprivation of liberty with societal reform measures. The State had also launched the open prisons programme, which allowed convicts to serve their sentences in an open social environment subject to judicial supervision. More than 9,500 persons had benefited from alternative punishments so far, including more than 300 beneficiaries of open prisons. Thanks to these efforts, Bahrain had achieved a low recidivism rate of 2.5 per cent. Bahrain’s open prisons had been approved by the American Correctional Association in 2024.
The Ministry of Interior continued to promote human rights awareness among its members through the implementation of the Police Code and the organisation of training courses in the fields of human rights. Some 3,442 trainees had benefitted from the training courses from 2022 to date. The State had signed a memorandum of understanding with the International Committee of the Red Cross that allowed visits to correction, rehabilitation and detention centres.
The Special Investigation Unit played a pivotal role in addressing allegations of torture and ill-treatment professionally. During the past five years, the Unit had received about 300 complaints, which it had dealt with in accordance with international standards. Since 2022, criminal sentences and disciplinary sanctions had been issued in 23 cases involving 36 defendants, with a conviction rate of 100 per cent in recent years. This had contributed to a reduction in the number of complaints under the Unit's jurisdiction by nearly 90 per cent.
The Kingdom guaranteed comprehensive and free health care to the inmates in correction and rehabilitation centres, and this care had improved greatly since the transfer of supervision of health services to Government hospitals affiliated with the Supreme Council of Health. In September 2022, prison health services were placed under independent management with high professional standards and transparency. Government hospitals had allocated a special budget to provide medical services to inmates.
The law on restorative justice for children and protection from abuse of 2021 established specialised courts for children. This law was concerned with finding alternative measures appropriate to the child's age, establishing specialised rehabilitation and counselling centres, and providing psychological and social workers at all stages of judicial proceedings. The State had established family and child protection offices in security centres and a unit for the protection of children in cyberspace. Further, in December 2024, the Ombudsman established a specialised division that received complaints from 15- to 18-year-olds in correctional or detention centres. Its staff had been trained by international experts to ensure best practices for receiving and investigating children's complaints.
Independent national mechanisms, including the National Institution for Human Rights, the Ombudsman, the Special Investigation Unit, and the Office for the Rights of Prisoners and Detainees, continued to play a vital role in promoting transparency and accountability. The Office had made 10 public and unannounced visits to several correction, rehabilitation, and detention centres between 2020 and 2025. Between 1 May 2021 and 30 April 2025, the General Office of Ombudsman received around 890 complaints and 1,657 requests for assistance from inmates and their families. The settlement rate for these was 100 per cent.
Bahrain had maintained its ranking in the first category in the United States State Department's report on combatting trafficking in persons for the eighth consecutive year in 2025, the only country in the Middle East and North Africa to achieve this. This was the result of the efforts of the National Committee to Combat Trafficking in Persons, victim protection programmes, and close cooperation with international organizations.
To combat domestic violence and violence against women, the State party in 2023 had repealed article 353 of the Penal Code, which stipulated that the perpetrator of the crime of rape was exempted from punishment if he married the victim. In a statement, the United Nations Resident Coordinator in Bahrain described the amendment as “a historic legislative reform that contributed to strengthening the protection of the fundamental rights of women and girls.”
The achievements Bahrain had made were the result of a comprehensive national vision and the efforts of all State institutions and civil society organizations, which worked together to promote human rights, justice, equality and accountability in society. The Kingdom of Bahrain reaffirmed its unwavering commitment to constructive cooperation with the Committee and other United Nations human rights mechanisms, and its continued openness to dialogue.
Questions by Committee Experts
ABDERRAZAK ROUWANE, Committee Expert and Country Rapporteur, welcomed that half of Bahrain’s delegation were women. He also praised the encouraging efforts made by Bahrain since its last examination in 2018, including its amendment to the definition of torture contained in the Penal Code and the affirmation that the statute of limitations did not apply to crimes of torture; and its amendment of the law on public security forces that removed the classification of torture and related deaths as military crimes. Bahrain had also adopted laws that provided for non-custodial measures for minor crimes in lieu of pretrial detention, the alternative punishment programme, and open prisons. Further, the State had repealed a law that granted rapists immunity from prosecution if they married their victims, and established mechanisms to monitor the conditions of persons deprived of liberty. Bahrain had also adopted its national human rights plan (2022-2026).
Mr. Rouwane said that the Committee had received information from multiple sources that acts of torture or ill-treatment continued to be practiced in Bahrain, both in and out of detention. Reports indicated that political opponents, human rights defenders and migrants continued to be subjected to violations such as beatings, sleep deprivation and sexual violence. Vulnerable groups in detention centres had alleged facing threats of rape, solitary confinement and medical negligence.
The Committee was concerned that the Penal Code currently contained provisions that seemed to justify torture in national security and counter-terrorism contexts. The prohibition of invoking superior orders as grounds for committing acts of torture was also seemingly absent from the Penal Code, and the sentence for an act of torture leading to death was not commensurate with the crime. The Penal Code also had lower penalties for ill-treatment than those called for in the Convention. What measures would the State party take to address these legislative shortcomings and hold perpetrators of ill-treatment accountable?
The Penal Code did not prohibit the extradition of persons when they were at risk of being subjected to torture. What extradition treaties and other related agreements had Bahrain made with other States? Had the State party set up an appeals system for extraditions? Were returnees informed of their right to seek asylum? Bahrain had signed the Global Compact on Safe, Orderly and Regular Migration. How had it incorporated this and related international norms into the domestic legal system? Did the State party intend to ratify the 1951 Refugee Convention or the 1967 Protocol on the Status of Refugees? How was the State party ensuring that refugees had access to education and Government services?
Legal guarantees of medical examinations for detainees were reportedly not always respected by police, particularly in the context of counter terrorism activities. The law on the protection of society from terrorist acts enabled the security forces to detain individuals suspected of terrorist acts for prolonged periods of up to six months without judicial oversight, thus raising the risk of torture. These laws were being used to justify the detention of opposition leaders, journalists and human rights defenders. Persons were reportedly being kept in secret detention sites and had no contact with their families or lawyers. How did the State party ensure that anti-terrorism laws were not abused, and protect persons detained under these laws from torture?
Were persons in charge of places of deprivation of liberty held accountable when they did not respect regulations on the protection of detainees? What measures were in place to ensure that questioning took place in rooms with audio-visual equipment? What measures had the State party taken to amend the Code of Criminal Procedure to shorten the maximum period of pre-trial detention, which could currently extend to 30 days?
Reportedly, the Ombudsman did not conduct investigations efficiently and did not have authority to submit complaints directly to the judiciary. Many complaints received by the Special Investigation Unit had also not been submitted to the judiciary. What measures had been taken against perpetrators identified by the Unit? The national human rights institution did not have “A” status under the Paris Principles. What was the State party doing to strengthen the institute, including by allowing it to access all places of deprivation of liberty? How was the State party ensuring that Government institutions were implementing the recommendations of monitoring entities? Was Bahrain planning to ratify the Optional Protocol to the Convention?
The Committee welcomed training programmes on human rights conducted by the Ministry of Interior. Did they address the State party’s obligations under the Convention? Did the State party plan to make human rights training for law enforcement staff mandatory? Was training on the Convention and the revised Istanbul Protocol provided to members of the judiciary and prison staff? What methods had been adopted to assess the efficiency and impact of these training programmes?
The Committee was concerned by reports of a lack of independence in the judiciary. Judges were appointed by royal decree and many worked under renewable contracts with one-to-three-year time limits. How would the State party enable the judiciary to carry out its mandate without interference from the executive and bring appointment practices for judges in line with international norms? Some judges reportedly rejected allegations of torture without conducting investigations. How would the State party compel the judiciary to investigate all allegations of torture?
Under state of emergency legislation, civilians had been prosecuted by military courts and detained in military prisons, where they were deprived of legal safeguards. The Committee regretted that its previous recommendations related to military courts had not been implemented. What measures had the State party taken to prevent civilians from being subjected to the mandate of military courts?
LIU HUAWEN, Committee Expert and Country Rapporteur, welcomed Bahrain’s engagement with the United Nations human rights system and its political will to uphold human rights. Mr. Liu noted Bahrain’s signing of the United Nations Sustainable Development Cooperation Framework, its strong record in fighting trafficking in persons, and its ratification of the International Labour Organization’s convention on forced labour.
Since 2020, the United Nations special procedure mechanisms had transmitted five communications to Bahrain concerning conditions in the Jau Prison and the Dry Dock Detention Centre. It was alleged that detainees in these facilities suffered from inadequate access to medical care, insanitary conditions, prolonged water and power outages, deliberate acts of torture, and prolonged periods of solitary confinement. How would the State party ensure that conditions in detention facilities complied with the Mandela Rules? How would the State party improve prisoners’ access to medical care, food, water and sanitation, and ensure that the use of solitary confinement complied with international standards?
The Committee welcomed the construction of new dormitory buildings in Jau Prison to prevent overcrowding. However, prison overcrowding remained a serious issue; up to 15 detainees were reportedly forced to sleep in cells made for six persons in one prison. The alternative sentencing law of 2017 was an important step to alleviating pressure on prisons. However, authority for recommending alternative sanctions had been transferred from the Reform and Rehabilitation Directorate to the Ministry of Interior, raising concerns regarding transparency. How would the State party engage with monitoring bodies and the judiciary and ensure transparency in eligibility criteria for alternative sanctions?
Medical negligence remained a serious concern in Bahraini prisons. Last year, two so-called “political prisoners” had died due to authorities’ failure to address their chronic health conditions. There were reports of shortcomings in medical services provided in prisons, including delays in responding to emergencies and inadequate use of medical equipment when treating inmates. What measures were in place to ensure that all prisoners had timely access to comprehensive medical care? What accountability measures were taken in cases of deaths or serious injury resulting from denial or delay of medical care? How did the State party ensure prompt, impartial investigations of prisoners’ deaths?
Had the State party implemented its obligations to provide redress to victims of torture? Some victims had reportedly not been provided with redress or social support, receiving only financial compensation. What had the State party done to ensure that the National Fund for Victims of Torture provided for both financial and non-financial support for victims? Was the State party implementing measures to promote public acknowledgement of past crimes and institutional reforms to prevent recurrence?
The Committee was concerned regarding the conviction of individuals, including political opponents, solely based on evidence obtained through torture. How did the State party ensure that judges excluded all evidence obtained through torture?
There was no law in Bahrain that explicitly prohibited corporal punishment in all settings, which remained lawful in the home and in child protection institutions. Would the State party consider enacting legislation that prohibited corporal punishment? Mr. Liu welcomed that, in 2021, the State party raised the minimum criminal responsibility from seven to 15 years. He noted, however, that Bahraini law allowed authorities to place a child in social welfare institutions for lengthy periods. Did authorities ensure that parents or legal counsel were present during the questioning of children? Had the State party established an independent monitoring mechanism to protect children’s rights in the justice system? How would the State party ensure that the detention of children was used strictly as a last resort measure? Children in detention had reportedly suffered a lack of access to medical care and education, abuse, and restrictions on religious activities. How did the State party ensure that the treatment of children in detention was in line with internation norms?
The Committee was concerned that polygamy was permitted in Bahrain and that girls under 16 were permitted to marry in certain circumstances. The Penal Code criminalised abortion, forcing women to resort to unsafe practices. How would the State party prohibit polygamy and child marriage, decriminalise abortion, and promote public awareness of sexual and reproductive health? The Committee welcomed the State party’s national action plan on combatting domestic violence and the related measures it had implemented. How many cases of domestic violence had been investigated and prosecuted since 2021? How were the needs of victims of domestic violence addressed?
In January 2017, Bahrain executed three men on terrorism-related charges, ending a seven-year de facto moratorium on the death penalty. The Committee was concerned about the alleged use of the death penalty as a political tool, where individuals were sentenced to death on broad, terrorism-related charges. Would the State party implement a moratorium on the death penalty and work toward its complete abolishment? Could it provide disaggregated data on executed persons?
It was commendable that Bahrain had reestablished in 2022 the National Committee on Combatting Trafficking in Persons and set up a hotline for reporting trafficking cases. However, there was reportedly a very low rate of reporting for trafficking cases and there were many detained foreign workers, who reportedly constituted more than 30 per cent of the prison population at times. What measures had the State party taken to increase the prosecution of labour trafficking cases? Had the State party engaged in capacity building for authorities involved in trafficking cases to promote gender sensitive interviewing and early identification of trafficking victims? How did it ensure that trafficking victims could report their cases without fear of retaliation?
Other Committee Experts asked whether the State party had adopted measures to implement article five of the Convention on prosecuting all acts of torture committed on State territory; whether there were independent monitoring bodies for psychiatric institutions, and how the Government authorised, documented and ensured the periodic review of involuntary placements; how the Government ensured that conditions in psychiatric institutions were in line with United Nations standards; and whether shelters were available for victims of domestic violence.
Responses by the Delegation
The delegation said human rights and criminal justice were respected in Bahrain. The Ministry of Interior trained staff on human rights, stressing the prohibition of torture. The Royal Police Academy offered courses on human rights and international law, and workshops for correctional centre staff on the treatment of detainees. Training was provided for security forces on the use of force and weapons, which were only to be used as a last resort. In recent years, violence and weapons had never been used by prison staff on detainees.
Bahrain had recently ratified the Convention on the Rights of Persons with Disabilities and two Optional Protocols to the Convention on the Rights of the Child. It was currently assessing ratification of the Optional Protocol to the Convention against Torture. The State agreed with the objective of this Optional Protocol and had set up a national mechanism for monitoring and oversight of places of detention, which could carry out unannounced visits. Bahrain was committed to cooperating with the Office of the High Commissioner for Human Rights and United Nations special procedures.
Healthcare in prisons no longer fell under the mandate of the Ministry of Interior, but rather that of the Supreme Health Authority. Government hospitals ensured that detainees received high-quality health care in line with international standards. The number of staff working in these hospitals had recently been increased, and the State party had also opened medical clinics in detention centres. In addition, telemedicine, vaccination, physiotherapy and nutritional counselling services were provided for inmates.
The Ombudsman oversaw the conditions of solitary confinement and ensured that it was not imposed for more than seven days, and that inmates in solitary confinement had access to medical care. Inmates had the right to file complaints to the Ombudsman and access defence counsel and interpretation services as required.
The State party was committed to tackling domestic violence. It worked to immediately protect victims and promoted their access to remediation, psychological and legal support at social service centres. It also pursued the persecution of perpetrators. Under State law, acts that destabilised family values, including acts of sexual and gender-based violence, were criminalised. The Supreme Women’s Council was mandated to implement the national action plan on tackling gender-based violence. It managed several shelters and protection centres for victims, including a centre for the protection of children.
State law secured the independence of the judiciary and the public prosecution and regulated the mandates of military courts. All trial proceedings were public, except in exceptional cases. The Supreme Judicial Council oversaw the independent functioning of the judiciary.
All penitentiary centres were subject to oversight by independent human rights bodies, including the General Secretary for Complainants, the Special Investigation Unit, and the National Human Rights Commission. All allegations relating to torture needed to be considered and breaches needed to be referred to the competent authorities. Detainees could lodge complaints and electronic monitoring equipment was in place in all places of detention. Disciplinary measures were implemented by police courts against staff of the Ministry of Interior who violated detainees’ rights.
Recently, the State party had taken measures to improve the prison environment and guarantee access to health care. The State party had dealt with the issue of prison overcrowding by building several prison buildings and implementing royal pardons and non-custodial measures. Convicts who met certain conditions could serve their sentences in open prisons or under house arrest. Prison infrastructure met international standards, including the Mandela Rules.
The Ministry of Interior trained correctional staff in respecting detainees’ rights. Rehabilitation programmes focused on vocational training and supported detainees to reintegrate into society. Prisoners engaged in handicrafts and could sell what they produced. State laws ensured detainees’ rights to access health care, psychosocial support and education; practice their religion in a safe manner; engage in two hours of sport per day; and contact family members and embassies through phone calls. Nutritious food was provided to inmates.
Procedural guarantees for persons deprived of liberty were in line with those prescribed by the Convention. All detentions needed to be carried out in line with the Constitution and the Criminal Procedural Code. The Ministry of Interior had produced a guide on arrests and pre-trial detentions to ensure that they were carried out in line with national and international legislation. All arrested persons needed to undergo medical examinations and were informed of their rights. The State kept audio-visual records of questioning of detainees and ensured that they could not be amended or changed.
Authorities conducted assessments to determine that persons did not pose a threat to society before applying alternative sentencing. Detainees’ requests for alternative sentences were considered by several authorities in a transparent manner, taking into account medical and psychological assessments. The open prison programme, launched in 2022, aimed to reintegrate detainees.
The Government ensured access to independent and comprehensive medical services for all inmates. Medical staff in detention centres enjoyed full independence and received training on managing medical emergencies and documenting evidence of abuse. Dedicated inspectors conducted regular inspections to ensure that water quality in prisons was at a safe level. There was a clear medical policy on treating people on hunger strikes, which included providing intravenous nutrition and psychological support when needed. The psychological medical hospital was subject to independent monitoring. Staff in this hospital had undergone training on forensic medicine and received similar wages to other civil servants.
The General Secretary for Complainants, established in 2012, was an independent entity with its own budget and internal mandate that received complaints and investigated places of deprivation of liberty. It referred offences by officials that it detected to the Special Investigation Unit and the public prosecution, or to military courts, depending on the nature of the offence. It could initiate investigations when made aware of cases through broadcast or social media. It preserved the confidentiality of complaints submitted by inmates.
The Ombudsman received complaints from detainees, their families and non-governmental organizations through complaints boxes in prisons and digital channels. It could conduct unannounced visits to places of detention to monitor the implementation of detainees’ rights, initiate investigations against staff of the Ministry of Interior, and take all necessary legal measures against accused persons. The Ombudsman had established a branch that received complaints from children aged 15 to 18 in Jau and Dry Dock Prisons.
The family law did not refer to rape within marriage, but this did not mean that the State accepted such rape. Law 17 on the prevention of family violence of 2015 defined sexual violence and the Criminal Code criminalised acts of rape and protected women from physical and psychological violence. Sentences were increased for spousal and family violence - attacks that led to death were punished with up to seven years imprisonment. Women who were victims of violence could turn to the justice system to seek redress.
Bahraini law allowed men to marry more than one woman when he treated all his wives equally. There had recently been a drop in the number of polygamous marriages. Women could claim their right to divorce when their husbands married other women.
Girls aged below 16 could not be married unless their parents had requested the marriage and it had received authorisation from a court. Most women in Bahrain did not marry before the age of 24.
A sentence of 10 years imprisonment was applied to persons who forced women to undergo abortions without their consent. All women who obtained abortions without undergoing medical consultation were subject to imprisonment. Abortions took place under medical supervision and in line with national legislation. Civil society organizations and State institutions provided consultations for women victims of violence and implemented family reconciliation programmes.
Under Bahraini legislation, superior orders could not be invoked to justify the crime of torture. The Criminal Code criminalised all forms of torture, including during periods of war and state of emergency, and increased penalties were issued for acts of torture that led to death. No statute of limitations was applied for crimes of torture and no legislation permitted torture. Evidence collected under coercion was not permissible in courts. Individuals who claimed to be victims of reprisals could lodge complaints with investigative authorities.
The law on restorative justice of 2021 prohibited all forms of corporal punishment of children. All family members were required to protect children from abuse. Legal measures had been taken to hold perpetrators of acts of corporal punishment responsible.
In 2012, the Special Investigation Unit was established to prosecute perpetrators of crimes based on international standards. The Unit discharged its legal competencies independently, collecting proof and evidence expeditiously and ensuring that persons were referred to forensic doctors when necessary. It had initiated investigations against 212 law enforcement officers. When these individuals were found guilty, they were subjected to fines or sentenced to imprisonment. Since 2022, the Unit had received 180 complaints. Sentences had been handed down in 23 cases, which included imprisonment of between three months and one year for perpetrators.
Questions by Committee Experts
ABDERRAZAK ROUWANE, Committee Expert and Country Rapporteur, welcomed that some aspects of the Optional Protocol to the Convention were respected by Bahrain. He called on Bahrain to accede to the Optional Protocol, which would enhance its progress in preventing torture. What had been done to implement the recommendations issued by the Committee to Bahrain in 2017? Was Bahrain planning to accede to the International Convention for the Protection of All Persons from Enforced Disappearance, and to recognise the competence of the Committee under article 22 of the Convention?
The alternative sentencing programme was extremely important. Did this programme cover persons convicted after the 2011 events? Had amnesties been issued for such persons? How many convicted persons had benefited from royal pardons? Were there clear provisions regarding medical examinations to detect acts of torture against detainees?
The Code of Criminal Procedure stipulated that investigations could not be commenced without a written request to the public prosecution. This was not in line with the Convention, which required prosecutors to conduct investigations into torture when made aware of allegations of torture through all communication channels. Would the State party revise this legislation?
LIU HUAWEN, Committee Expert and Country Rapporteur, asked which detainees could participate in sports for two hours a day. Could detailed information be provided on the results of the open prison programme? There was concern regarding the selective application of this programme and the alternative sentencing programme. Could the State party provide data on trends in detention since these programmes were initiated? Were there qualified doctors and nurses stationed in detention facilities?
Mr. Liu called on the State party to devise a law that explicitly prohibited marital rape. This would help to raise awareness of the crime among the public. Bahrain’s move to raise the minimum age of criminal responsibility to 15 years was a historic achievement. What happened to children who were convicted before the age of 15 prior to this legal amendment?
Mr. Liu also called on the State party to increase its use of digital technologies to enhance the investigation of cases of human rights violations and monitoring in places of detention. He said the State party also needed to conduct human rights education for the public to enhance awareness of human rights. The State party needed to engage civil society in its efforts to implement the Committee’s recommendations, and in efforts to draft and implement national laws. Mr. Liu expressed hope that Bahrain’s human rights situation would continue to improve.
Other Committee Experts asked about the liability of supervisors and the applicability of the statute of limitations in cases where torture was committed but the act did not qualify as a war crime, a crime against humanity or genocide; and the status of human rights defenders who were detained after conducting peaceful protests.
Responses by the Delegation
The delegation said specialised doctors visited prisons and penitentiary centres when necessary. Doctors informed relevant authorities when they detected that detainees were injured.
Sexual violence against women by their spouse was not considered to be rape under State law, but was punished under legislation on sexual and physical violence.
Article 208 of the Criminal Code explicitly stated that crimes of torture were not subject to the statute of limitations. The law defined acts of torture as physical and moral attacks that caused a tremendous level of suffering. If acts did not reach this threshold, they were considered to be ill-treatment. Bahrain criminalised acts of ill-treatment, including beatings.
The Special Investigation Unit investigated all allegations of torture and ill-treatment. Staff of the Unit received training on international law, including the amended Istanbul Protocol, from various organizations, including the United Nations Development Programme.
Bahrain had established a system to support migrant workers to lodge complaints of rights violations, as well as a fund to support migrant victims. The State conducted ongoing inspections of migrant workers’ places of work. There were 110,000 migrant workers in the State who had benefitted from State protection services since 2018. The State had processed more than 7,000 complaints from migrant workers and returned the passports of more than 11,500 migrant workers, taking measures to combat and criminalise the practice of taking passports from workers. It had also provided shelter to 1,400 victims and potential victims of exploitation.
Bahrain had set up a comprehensive legal and institutional framework to combat and investigate trafficking in persons. It was cooperating with international agencies to raise awareness of trafficking and promote access to support services for victims, and with other States to investigate transnational crimes.
The State party had consulted with non-governmental organizations in developing its national action plan on human rights for 2022 to 2026. The plan included measures promoting the rights of workers, children, women and other groups, and measures promoting capacity building for law enforcement and restorative justice. Some 106 projects implementing this plan were currently underway, including projects for implementing the recommendations of human rights treaty bodies.
Various civil society organizations were included in the process of drafting national reports for the treaty bodies and these organizations were supported to prepare shadow reports.
The State party was committed to combatting corporal punishment in the home, schools and other settings, in line with international human rights conventions. The law on restorative justice for children prohibited ill-treatment of children.
Bahrain had submitted replies to all communications received from human rights treaty bodies and the Special Procedures of the Human Rights Council. The State respected the rights of accused persons in all stages of the judicial process.
Concluding Remarks
CLAUDE HELLER, Committee Chair, thanked the delegation for providing answers to many of the questions raised by the Committee and useful information on a range of topics. Based on the dialogue, the Committee would develop concluding observations, which would include priority recommendations that it foresaw that the State party could achieve within a year. The Committee’s aim was to supervise Bahrain’s compliance with the Convention and the Committee’s recommendations.
NAWAF BIN MOHAMMED AL MAAWDA, Minister of Justice and Islamic Affairs of Bahrain and head of the delegation, expressed deep gratitude to the Committee for the dialogue. The dialogue was an important opportunity to present the efforts made by the State party to promote and protect human rights and to prohibit and prevent torture and ill-treatment. Bahrain was committed to implementing the Convention and would benefit in this regard from the Committee’s valuable observations. The State party was pursuing cooperation and dialogue with the Committee and all relevant international mechanisms in the field of human rights to contribute to global efforts toward combatting torture in all its forms.
_____________
Produced by the United Nations Information Service in Geneva for use of the media;
not an official record. English and French versions of our releases are different as they are the product of two separate coverage teams that work independently.
CAT25.012E