National Institution for Human Rights – Kingdom of Bahrain
11. Reducing recourse to solitary confinement punishment as disciplinary sanction in
line with the findings of the report of the Special Rapporteur on Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment of the Council of Human
Rights.
12. Considering setting a date for the visit by the United Nations Special Rapporteur on
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of the
Human Rights Council, in fulfillment of the obligations of the Kingdom of Bahrain
during the Universal Periodic Review, after completing the implementation of
the recommendations stated in the report of the competent Bahrain Independent
Commission of Inquiry.
13. The need to take the necessary legal accountability procedures in respect of all
decision-makers of security leaders with regard to death cases that occurred in the
detention places, as a result of torture or other forms of ill-treatment, which are
explicitly referred to in the report of Bahrain Independent Commission of Inquiry.
SECOND: THE RIGHT TO LIBERTY AND SECURITY OF PERSON
1. The right to liberty and security of person is one the most important human rights
which ensure that individuals exercise other rights and freedoms. The essence of this
right is the prohibition to deprive an individual of liberty, or arresting or detaining
him. Therefore, the recognition of the right to liberty and security of person requires
the existence of procedural and substantive safeguards which are subject to the
supervision of the judiciary to prevent the public authorities’ violation of the right of
individuals to enjoy this right, except in the circumstances set out in the law.
2. The Constitution of the Kingdom of Bahrain, in Article No. 19, guarantees the right
to liberty and security of person. This is explicitly expressed as follows: “a. Personal
liberty 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.
3. In addition, the Criminal Procedure Code, promulgated by Decree-Law No. 46 of
2002, as amended, includes a set of procedures and controls that form an integrated
legal framework to protect the right to liberty and security of person, through the
prohibition of arrest or inspection, except by order of the competent authorities, in
the cases specified in the law and following specific procedures prescribed by law.
4. The legislator expanded the scope of this protection and the right to liberty and
security of person under Law No. 53 of 2012 amending some provisions of the
aforementioned Criminal Procedure Code. Further legal safeguards were granted
for the category which has a special legal status, such as experts and defendants in
the lawsuits of alleged torture or inhuman or degrading treatment. These measures
consists of taking the necessary action for the protection of these categories from the
risks which may threaten them because of or on the occasion of making testimony or
providing information on these cases.
5. It is to be noted that the legislative authority is currently considering a draft law
on reducing the duration of custody and granting the accused the right to appeal
against the decision against him, since this procedure directly affects the right to
freedom. On this occasion, NIHR presented its views and confirmed the importance
of reducing the period of custody, and granting the accused the right to an effective
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