Section 2
Torture and enforced disappearance crimes in light of national
legislation and international human rights law
1. Torture crime in light of national legislation and international human
rights law
1.1 The right to life and the right to physical and moral integrity
are fundamental pillars of human survival. The first right is the
most sublime and intimate right because it is a natural right
derived from human existence. The absence of this right means
the absence of the human entity from existence. The absence of
the other right consists of physical or moral assault against the
individual in such a way as to inflict severe pain or suffering
on him, such as by torture and other inhuman, degrading or
humiliating treatment or punishment, in a manner that impairs
the exercise of his other rights and freedoms.
1.2 The Constitution of the Kingdom of Bahrain, in Article 19,
paragraph (d), provides for the right to physical and moral
integrity, as it states that: “No person shall be subjected
to physical or mental torture, 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”.
1.3 The Penal Code promulgated by Decree Law No. 15 of 1976, as
amended, includes provisions that ensure the legal cover for the
protection of the human right to life and the right to physical
and moral integrity. The legislator added more protection by
promulgating Law No. 52 of 2012 amending certain provisions
of the Penal Code promulgated by Decree-Law No. 15 of 1976.
The criminalization circle extended to include any person,
public official or public service officer who intentionally inflicts
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