• The recommendation on enabling the detainees to attend the funerals or mourning ceremonies
of any of his/her ascendants, descendants, spouse, or relatives to the second degree, and making
the necessary legislative amendments to enforce this right. The Public Prosecution indicated that
Law No. (18) of 2014 issuing the law on the Department of Correction and Rehabilitation and its
regulations, has organized the procedures and controls enabling the detainees to attend mourning
and condolences ceremonies. Regarding those remanded in custody, the Public Prosecution, being
a representative of the community, is concerned that they join their families when there is a death
of one of their relatives. It also seeks to overcome any obstacle that may face the detainees when
leaving the detention center does not affect the interest of the investigation nor public order and
security.
• The recommendation on activating the supervisory authority of the Public Prosecution in relation to
the work of law enforcement officers and the violations committed by them; and taking disciplinary
or penal actions against them in case of violating the provisions of the Code of Criminal Procedure.
The Public Prosecution explained that the collection of evidence is conducted pursuant to the Code
of Criminal Procedure, as stipulated in Article (44). Therefore, if the Public Prosecution, when
conducting the investigation, finds out that any law enforcement officer had committed a breach
of his duties or fails to perform his job responsibilities, it requests the relevant authority to take
disciplinary action against him. This shall not bar the commencement of a criminal action when
such act constitutes a punishable criminal offense.
اﻟﺘﻘﺮﻳﺮ اﻟﺴﻨﻮي اﻟﺜﺎﻟﺚ
ﻟﻠﻤﺆﺳﺴﺔ اﻟﻮﻃﻨﻴﺔ ﻟﺤﻘﻮق اﻧﺴﻨﺎم
It should be noted that a new article was incorporated in the Code of Criminal Procedure that gives
اﻟﺒﺤﺮﻳﻦ
ﻣﻤﻠﻜﺔ
2015 ﻟﻌﺎم
the Public Prosecution
jurisdiction
overـallegations
of torture or inhuman or degrading treatment
or death associated with such when inflicted upon the accused, a witness, or an expert during the
collection of evidence, the investigation, or proceedings before the court, or other cases. Regarding
the public security forces, the Public Prosecution commences and conducts a criminal legal action
for cases referred by the Ombudsman or the Inspector General as the case may be4.
Moreover, the Special Investigation Unit was established in the Public Procreator Office, which
specializes in the investigation and disposition of crimes of torture, abuse, and ill-treatment that
may be inflicted by government officials, and determine the criminal responsibility for these acts.
This Unit is supported by the necessary expertise and specializations required for carrying out
its tasks. This includes the assignment of a number of law enforcement officers called the judicial
police to assist the unit in the implementation of its decisions. In addition, physicians and forensic
experts support the Unit, as well as all other human and financial resources required to ensure the
efficiency and effectiveness of the Unit’s performance.
The Unit has the authority to determine the criminal responsibility of government employees
who have committed crimes of torture, ill-treatment, inhuman, or degrading treatment or cruel
punishment, including high-ranking government and executive branch officers, under the principle
of superior responsibility. The Unit is entitled to refer the cases to the competent authorities for
disciplinary trial or administrative action, as the case may be. It also prepares reports that include
the required measures to prevent recurrence of incidents of torture, the ways to redress them, and
the adequate compensation of the victims.
4
Article No. (81) repeat of the Code of Criminal Procedure.
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