Second Annual Report of the National Institution for Human Rights (NIHR) 2014 - Kingdom of Bahrain
not be harmed physically or morally. Any arrested person shall be informed of reasons for
his arrest, shall have the right to communicate with any members of his family of his choice
to inform them of his arrest and shall have the right to counsel”. Article 62 of the said Law
provides that “No one shall be imprisoned except in the designated prisons”.
4.
In terms of international human rights instruments, Article 9 of the International Convent
of Civil and Political Rights, which was acceded to by the Government of the Kingdom of
Bahrain under Law No. 56 of 2006, states that no one shall be subjected to arbitrary arrest or
detention and no one shall be deprived of his liberty except on such grounds and in accordance
with such procedure as are established by law. It confirms that anyone who is arrested shall
be informed of the reasons for his arrest and will be promptly informed of any charges against
him. He also should be brought promptly before a judge within a reasonable period or should
be released. The Convent further confirms that anyone who has been the victim of unlawful
arrest or detention will have an enforceable right to compensation.
5.
Since the crime of enforced disappearance directly and significantly violates human rights and
fundamental freedoms, the international human rights law dedicates a binding international
instrument to it relating to the matters pertaining to this crime, namely, the International
Convention for the Protection of All Persons from Enforced Disappearances. This Convention
was adopted by the General Assembly of the United Nations in its resolution No. 61/177 of 20
December 2006. The International Convention is divided into three basic parts. The first part
sets out the substantive provisions of this crime by indicating its concept and the obligations
of States Parties arising therefrom. The second part of the International Convention tackles
setting up the Committee on Enforced or Involuntary Disappearances and the issues relevant
to its work. The last part indicates the procedural requirements related to signing, ratification
and accession to the Convention and the relationship between the Convention and the
provisions of international humanitarian law.
6.
Article 2 of the International Convention for Protection of All Persons from Enforced
Disappearance provides that: “enforced disappearance” is considered to be the arrest,
detention, abduction or any other form of deprivation of liberty by agents of the State or by
persons or groups of persons acting with the authorization, support or acquiescence of the
State, followed by a refusal to acknowledge the deprivation of liberty or by concealment of
the fate or whereabouts of the disappeared person, which place such a person outside the
protection of the law”.
7.
The International Convention requires the States parties to take all necessary measures to
ensure that the enforced disappearance constitutes a crime in their national criminal laws by
imposing appropriate penalties that take into account the extreme seriousness of this crime.
It considers that such a crime, when committed on a large scale and in a systematic manner,
becomes a crime against humanity. It stresses that the statute of limitations for this crime
should be long-term and proportional to its gravity and should commence at the end of this
crime due to its ongoing nature. In addition, the state must guarantee the right of the victims
of this crime through effective remedy during the limitation period.
8.
In terms of criminal responsibility, the International Convention requires the States parties to
take measures against anyone who commits, orders, solicits, attempts to commit, be complicit,
or participates in the commission of the crime of enforced disappearance. It points out the
conclusive inadmissibility to rely on any order or instructions by any military or civil public
authority in the state, lack of internal political instability, or any other exceptional cases to
justify the commission of a crime of enforced disappearance.
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