National Institution for Human Rights – Kingdom of Bahrain FIRST: THE RIGHT TO LIFE AND THE RIGHT TO PHYSICAL AND MORAL INTEGRITY 1. The right to life and the right to physical and moral integrity are considered two pillars of human survival. The right to life is a paramount right that is closely associated with the person, as it is a natural right that is derived from his existence. The deprivation of this right means that this person does not exist. The other right is related to physical or moral prejudice to the person that inflicts severe pain or suffering, such as torture and other forms of cruel, inhuman or degrading treatment or punishment in a way that interferes with the exercise of his other rights and freedoms. 2. The Constitution of the Kingdom of Bahrain, in Chapter III entitled “Public Rights and Duties”, Article 19, paragraph d, 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 degrading 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. The Penal Code promulgated by Law No. 15 of 1976, as amended, includes provisions that provide legal coverage for the protection of the human right to life and the right to physical and moral integrity. The legislator granted further protection by means of Law No. 52 of 2012 amending some provisions of the Penal Code promulgated by Law No. 15 of 1976. Under the amended law, the circle of incrimination was broadened to include every person, public official or officer assigned with public service who intentionally inflicts severe pain or suffering, whether physical or moral, to any person under his custody or control for the purpose of obtaining from him or any other person information or confession, punishing him for an act he, or any other person, has committed or is suspected of having committed, intimidating or coercing him or any other person, or for any reason based on discrimination of any kind. In this amendment, the legislator excluded subjecting these crimes to time-limitation prescribed by law for torture crimes, and considered the offenses against the right to physical and moral integrity as felonies rather than misdemeanors. Furthermore, according to Law No. 49 of 2012 amending Article 81 of the Law on Public Security Forces issued by Decree No. 3 of 1981, the offenses relating to allegations of torture or cruel, inhuman, or degrading treatment, or associated death are excluded from military crimes. Therefore, the competence to consider these crimes fall within the ordinary courts, which is considered a legislative approach that is consistent with the relevant international standards. 4. As regards international human rights instruments, Article 6 of the International Covenant on Civil and Political Rights, to which the Government of the Kingdom of Bahrain acceded under Law No. 56 of 2006, confirms that the right to life is an inherent right for every human being, that the law protects this right, that not one may be deprived of his life arbitrarily, and that the countries which have not abolished death penalty should impose this punishment only for the most serious crimes in accordance with the national legislation of the country in force, pursuant to a final judgment rendered by a competent court. The Covenant further pays attention to the right to physical and moral integrity. Article 7 prohibits subjecting any person to torture or cruel, inhuman or degrading treatment or punishment, or conducting any medical or scientific experimentation without his free consent. 5. The Government of the Kingdom of Bahrain accession to the Convention against Torture and other Cruel, Inhuman, or Degrading Treatment or Punishment under Decree-Law No. 8 of 1998 has triggered the legislature to amend the Penal Code in 40