National Institution for Human Rights – Kingdom of Bahrain
juvenile care centers, and custody and detention centers in order to verify the legality
of custody, and that inmates, prisoners and detainees are not exposed to torture or
cruel, inhuman, or degrading treatment.
15. NIHR values the efforts of the Ombudsman of the Ministry of Interior regarding its
visit to the Reform and Rehabilitation Centre (Jaw Prison) and issuing the first report
on the visit which was published on its website. The visit aims to ensure meeting
its standards related to humane treatment, location conditions, legal rights and
guarantees of guests, in addition to the available health care, along with the report
recommendations, and following up these recommendations by the Ombudsman
with the competent authorities.
16. In the context of implementing Recommendation No. 1718 of the report of BICI,
which states as follows “Modifying the Decree on the Establishment of the National
Security Agency to maintain its concern with gathering intelligence information
without law enforcement or arrest. The National Security Agency should have an
independent inspector general office”, Decree No. 115 of 2011 was issued amending
certain provisions of Decree No. 14 of 2002 on the Establishment of the National
Security Agency. The Agency mandate was confined to gathering information and
monitoring and detecting all activities related to espionage, communication and
terrorism.
17. However, based on the two decrees establishing theOmbuds man at the Ministry of
Interior, the Office of Inspector General, and National Security Agency, it is noted that
the appointment of the (Secretary-General) and (Inspector General) is made under
a decree on the recommendation of the (Minister of Interior) and the (Chairman
of the National Security Agency), as the case may be. This does not achieve the
required independence, in view of the potential conflict of interests between the
body concerned with protection of the right to physical and moral integrity of the
defendants. Thus, NIHR considers that there is a need to take measures to ensure
effective independence in the Ombudsman the Ministry of Interior, Office of Inspector
General, and National Security Agency.
18. However, despite these efforts, the right to physical and moral integrity is still subject
to numerous violations at almost frequent rate. The security events taking place in
the Kingdom have brought these violations to light, given the improper use of force
by the public security forces, such as using shotguns, tear gas inside houses and
closed places, and stun grenades, in addition to allegations of assault by beating
during the arrest of the suspects. The monitoring process carried out by NIHR,
whether by tracking posts published in the media and social networks, or through
the complaints received from individuals, revealed that there are cases in which this
right was violated, which resulted in physical injuries, some of which are classified
as severe injury.
19. Within the framework of implementing the recommendations No. (1722/ j) and
(1722/ k) indicated in the report of BICI related to remedy of the damage to the
right to physical and moral integrity, Decree-Law No. 30 of 2011 was enacted to set
up the National Fund for Compensating Affected People. The main purpose of this
Fund is to provide effective remedies to those affected by the events experienced
by the Kingdom of Bahrain during February and March 2011, or any incidents of
a similar nature that occurred after this date. Compensation is granted after a final
criminal judgment is rendered by the competent court condemning the perpetrator
and awarding compensation for all those who have sustained material, moral or
physical damage by law enforcement forces, or any member of the public security
forces. This provision also applies to any public officer who suffered physical or
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