National Institution for Human Rights – Kingdom of Bahrain
remedy, which needs to be in the form of a hierarchy grievance so as not to grant
exclusive power to issue such a decision to a single authority and avoid arbitrary
decisions.
6. Article 9 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, provides
for the right to liberty and security of person and that it is not permissible to arrest
or detain any person arbitrarily, or to deprive any person of his liberty, except for
the reasons set forth in the law. It further confirms the need to inform any arrested
person of the reasons for the arrest, and the charge against him, and the need to
bring him promptly before a judicial authority within a reasonable period, or to be
released. It also affirms that each individual who has been arrested or detained has
the legal right to obtain appropriate compensation.
7. Concerning the Government implementation of the recommendations stated in the
report of BICI related to the right to liberty and security of person, and in compliance
with Recommendation No. 1722/d, which provides for: “taking all possible steps to
avoid arrest without the opportunity of promptly contacting a lawyer or preventing
communication with the outside world. In all cases, all arrests should be subject
to effective control of an independent body. Moreover, the arrested person should
review a copy of the warrant of arrest, and no person may be detained and deprived
of communicating with others”. In the report of following up the implementation
of these recommendations issued in December 2013, the Government disclosed that
all detention centers are subject to effective judicial control. The members of the
Special Investigation Unit in the Public Prosecution visit these centers to examine
the various complaints received by the Unit. In addition, the Ministry cooperated
with the International Committee of the Red Cross (ICRC) concerning visiting
prisons and training of national cadres working in the prisons, in order to raise their
efficiency. The Government also explained that the Ministry of Interior has issued a
decision that includes new measures which require the signature of any detainee and
the officer in charge of detention on a set of documents that include several rights,
including presenting the warrant of arrest and ensuring rapid communication with
a lawyer.
8. However, despite these legal safeguards and restrictions and the efforts made by the
Government to lay down substantive and procedural legal framework by activating
the recommendations of the report of BICI, the right to liberty and security of person
was prejudiced, to an extent that it was almost eliminated in certain cases. The
security measures in place showed many cases in which the individual’s right to
freedom and personal safety was exposed to violations. These violations consist of
the arrests carried out by the authorities in violation of due process, accompanied
by assaulting the sanctity of homes and their inhabitants. Based on the information
posted in the media and social networks channels, NIHR has observed pictures
and videos showing order security forces enclose the houses and use force to break
through the doors and destruct property. The right to physical and moral integrity
was violated in certain cases, and the places to which the arrested were taken were
not disclosed.
9. NIHR hopes that there will be explanatory statements by the Ministry of Interior
concerning such violations which were undoubtedly committed by its officials.
The Ministry of Interior should conduct serious and effective investigations that
reflect the implementation of the recommendations set out in the report of BICI, and
the obligations of the Government of the Kingdom of Bahrain to the international
recommendations which it has supported in the process of the Universal Periodic
Review before the Human Rights Council.
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