to apply in accordance with international standards”, the
Attorney-General Decision No. 8 of 2012 was issued to establish
the Special Investigation Unit. The decision grants it the mandate
to investigate and act upon any claims of torture and other types
of ill-treatment. In accordance with its establishment decision,
the unit operates independently under the supervision of the
Attorney-General. It is headed by a Chief Prosecutor who is
assisted by a number of experienced investigators. The unit is
provided with the necessary support to carry out its functions.
2. Enforced disappearance crime in light of national legislation and
international human rights Law
2.1 Enforced disappearance is a crime that directly affects civil,
political, economic, social and cultural rights. The essence of
this crime is the deprivation of the individual liberty through
his arrest, detention or abduction without providing procedural
and other substantive safeguards and judicial oversight
that prevents public authorities or those assigned by it from
committing such crime.
2.2 Although the Constitution of the Kingdom of Bahrain does
not expressly refer in its provisions to the crime of enforced
disappearance, it includes a provision that includes acts that
might be described as enforced disappearance under certain
circumstances. Article 19 of the Constitution provides that:
“Personal freedom is guaranteed under the law. b. A person
cannot be arrested, detained, imprisoned or searched, or his
place of residence specified or his freedom of residence or
movement restricted, except under the provisions of the law
and under judicial supervision. c. A person cannot be detained
or imprisoned in locations other than those designated in
the prison regulations covered by health and social care and
subject to control by the judicial authority.
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