3.
Prohibition of torture and other cruel, inhuman or degrading treatment or
punishment: Articles (7 and 9)11
3.1
Article (19) paragraph (d) of the Constitution of the Kingdom of
Bahrain provides for safeguarding the right to physical and moral
integrity as follows: “No person shall be subjected to physical or mental
torture, or inducement, or undignified treatment, and the penalty for so
doing shall be specified by law. Any statement or confession proved to
have been made under torture, inducement, or such treatment, or the
threat thereof, shall be null and void”.
3.2
The Penal Code promulgated by Decree-Law No. (15) of 1976 and its
amendments, includes provisions that provide legal coverage for the
protection of the human right to life and the right to physical and moral
integrity. On this basis, Law No. (52) of 2012 was issued amending
certain provisions of the Penal Code, by amending the provisions of
Articles (208) and (232).
3.3
Under the previous amended provisions, it is noted that:12
- The circle of incrimination was broadened in two aspects: the
first is based on the purpose of the act; thus, "coerced
confession” or "punishing a person for any act he/she has
committed" has become a prohibited act, which may lead to
suspicion of committing an act of torture. The second is based on
the definition of the victim. The limitation that provides that the
11
For more information, please review the First Annual Report of the NIHR, 2013, Chapter Two: First: The right to life and the right
to physical and moral integrity (www.nihr.org.bh).
12
For more information, please review the NIHR’s Parallel report to the Committee against Torture, March 2017 (www.nihr.org.bh).
Parallel Report by the National Institution for Human Rights of the Kingdom of Bahrain to the Human Rights Committee © 2018
23