2.3 In terms of national legislation, Decree-Law No. 46 of 2002
promulgating the Code of Criminal Procedure, as amended,
includes provisions prohibiting acts that may be described as
enforced disappearance under certain circumstances. Article 61
of this Law provides that: “No person may be arrested except
by order of the authorities that have competence under the
law. He shall also be treated in a manner that protects human
dignity and he shall not be subjected to physical or moral
harm. Any person arrested shall be informed of the reasons
for his arrest and he shall be entitled to contact any member
of his family he deems fit to inform them of what happened
and appoint an attorney”. Article 62 of the abovementioned
Law states that: “No person may be imprisoned except in the
prisons designated for this purpose”.
2.4 In terms of international human rights instruments, Article 9
of the International Covenant on Civil and Political Rights, to
which the Government of the Kingdom of Bahrain has acceded
under Law No. 56 of 2006, states that no one may be arbitrarily
arrested or detained, or deprived of his freedom, except for the
reasons stipulated in the law. It stresses that any person arrested
must be informed of the reasons for his arrest and the charge
against him, while ensuring that he is promptly brought to a
judicial body within a reasonable period of time or released. It
further confirms that every person who has been arrested or
detained illegally is entitled to adequate compensation.
2.5
The Penal Code issued by Decree Law No. 15/1976 also
criminalised acts of enforced disappearance, particularly
those committed by civil servants. Article (357) stipulated
that imprisonment for a period of three years for anyone who
unlawfully arrests or detains a person, and imprisonment for
15 years in the case of unlawful arrest or detention by a civil
servant on account of or on the performance of his or her duties.
On the other hand, article (358) of the aforementioned Decree
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