Concerns of possibility of torture and threats to freedom of speech and association
Bahrain Center for Human Rights
14 August 2006
Ref: 14080601
The Bahrain Center for Human Rights (BCHR) welcomes the recent decision by King Hamad bin Isa Al Khalifa to approve ratifying Bahrain’s accession to the International Covenant on Civil and Political Rights. The BCHR hopes that the government will now take the necessary action to guarantee the civil and political rights for the Bahraini people, in both law and practice, as laid out in the Covenant.
Concerns of possibility of torture and threats to freedom of speech and association
Bahrain Center for Human Rights
14 August 2006
Ref: 14080601
The Bahrain Center for Human Rights (BCHR) welcomes the recent decision by King Hamad bin Isa Al Khalifa to approve ratifying Bahrain’s accession to the International Covenant on Civil and Political Rights. The BCHR hopes that the government will now take the necessary action to guarantee the civil and political rights for the Bahraini people, in both law and practice, as laid out in the Covenant.
However, the BCHR is disappointed and distressed by HM King Hamad’s simultaneous decision to ratify the ‘Protecting Society from Terrorist Acts’ bill, against the advice of several international legal and human rights bodies, concerned that it is prone to abuse.
The United Nations “Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism”, Martin Scheinin, wrote in a press statement on July 25, urging HM the King NOT to ratify the law:
One of the main concerns is the overly broad definition of terrorism which is seen to be at variance with the principle of legality enshrined in several human rights instruments, including Article 15 of the International Covenant on Civil and Political Rights which represents a universal standard also in respect of countries that have not yet ratified the Covenant.
Among the many concerns of Amnesty International was that the law would transfer authority normally vested in the judiciary to the public prosecutor:
The Bill grants the Public Prosecutor excessive discretion and heightens the risk of torture or ill-treatment, and arbitrary detention.
Article 27 allows for extensive detention before charge without judicial review. It only demands that the public prosecutor reviews the detention of any individual held for more than five days if the arresting authorities seek to extend the detention period. This can be for another 10 days. The public prosecutor is not a judicial authority and lacks the requisite independence to be a check against arbitrary detention. Furthermore, Article 28 of the Bill allows the security services to ask for extension of pre-charge detention (as specified in Article 27) on the basis of secret evidence which the detainee has no access to and cannot challenge.
A press release from the International Commission of Jurists (ICJ) stated:
“The exclusion of judicial safeguards in the Bahraini law carries a serious and foreseeable risk of torture and other forms of ill-treatment”, said Mr Staberock [Director of ICJ’s Global Security and Rule of Law Programme]. “It will reverse some of the recent reforms undertaken by Bahrain and runs counter the conclusions of the UN Committee Against Torture, which had urged Bahrain to bring its counter-terrorism law into compliance with the Convention Against Torture”, he continued. The ICJ therefore strongly urges the authorities to reconsider the adoption of the law and to ensure that it fully complies with Bahrain’s international obligations, and in particular the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
The BCHR concurs with the opinion of the aforementioned bodies that the new law allows for the possibility of torture, and threatens freedom of association and expression for legitimate citizens, which is especially concerning as Bahrain now sits on the new UN Human Rights Council. The Bahrain Center for Human Rights therefore urges HM King Hamad to repeal the law, or modify it to provide legal safeguards, making it consistent with the recently ratified Covenant on Civil and Political Rights, and other international human rights standards.