when the threat is accompanied by a request or instruction to carry out
something, including deterring the person or influencing his/her
testimony or statement in the proceedings before the investigating
authority or the court. It would follow implicitly from the provision of
this article that the Bahraini legislature prohibits the use of statements
extracted under torture or threat as evidence in any judicial
proceedings.
3.6
In October 2012, the Code of Civil Procedure was amended in
accordance with Law No. (50) of 2012 amending certain provisions of
the Code of Criminal Procedure promulgated by Decree-Law No. (46)
of 2002. The amendment entitles those claiming to be subjected to
reprisal on account of having previously alleged that he/she was
subjected to torture or other forms of cruel, inhuman, or degrading
treatment or punishment, to bring a civil claim against the accused
person during the evidence-gathering or investigation stages, or before
the court hearing the criminal case at any stage up until the closure of
pleadings. Such claims are inadmissible before the appeal courts unless
the reprisal constitutes an offence. The amendment further stipulated
that the provisions of the Chapter on "Arrest of the Accused" shall be in
force during the declaration of the state of national safety, in line with
the provisions of Article (2), Paragraph (2) of the Convention against
Torture.
3.7
The same Law has also been amended pursuant to the Decree-Law No.
(53) of 2012 amending certain provisions of the Code of Criminal
Procedure promulgated by Decree-Law No. (46) of 2002 to provide
Parallel Report by the National Institution for Human Rights of the Kingdom of Bahrain to the Human Rights Committee © 2018
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