A/HRC/25/60/Add.2
torture. Moreover, Mr Mohamed Al-Maskati reportedly faces trial on charges of
“participation in illegal protests,” after his co-operation with the United Nations during the
Universal Periodic Review of the Kingdom of Bahrain. In this context, the Special
Rapporteur reiterates that each government shall guarantee that no persons are deprived
arbitrarily of their liberty and granted a fair proceeding before an independent and impartial
tribunal, in accordance with articles 9 and 10 of the Universal Declaration of Human Rights
(UDHR), and articles 9 and 14 of the International Covenant on Civil and Political Rights
(ICCPR). Further, the Special Rapporteur stresses that each Government has the obligation
to protect the right to physical and mental integrity of all persons as set forth inter alia in
the UDHR, the ICCPR, and the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (CAT). Additionally, the Government of Bahrain is
reminded that paragraph 1 of Human Rights Council Resolution 16/23 condemns all forms
of torture and other cruel, inhuman or degrading treatment or punishment and calls upon
governments to implement an absolute and non-derogable prohibition of it. The Special
Rapporteur reiterates article 12 of the Convention Against Torture, which requires the
competent authorities to undertake a prompt and impartial investigation wherever there are
reasonable grounds to believe that torture has been committed, and article 7 of the
Convention Against Torture, which requires States Parties to prosecute suspected
perpetrators of torture. The Special Rapporteur requests an additional response from the
Government of Bahrain regarding the aforementioned mistreatments and detentions and
reminds the government that individual freedoms shall be protected. The Special
Rapporteur further request that should the Government’s investigation find the allegations
to be correct that any person responsible be held accountable.
(d)
JUA 14/08/2013 Case No. BHR 5/2013 State reply: 04/09/2013 2013 Alleged restrictions
of freedom of expression and freedom of assembly following 22 recommendations to
amend the anti-terrorism Law no. 58 of 2006.
18.
The Special Rapporteur thanks the Government for its reply dated 4 September 2013
to allegations regarding harsh new anti-terrorism laws recently passed by the Government.
According to the information received, the National Assembly endorsed 22
recommendations on 28 July 2013 and his Majesty King Hamad bin Isa Al-Khalifa agreed
to their implementation on 29 July 2013. It is alleged that some of these recommendations
have already been adopted, while adoption of the others is imminent. The recommendations
include provisions for revoking citizenship of those who carry out terrorist crimes; the
imposition of harsher sentences on anyone involved in acts of terrorism; banning sit-ins,
public gatherings in the capital; the extension of security forces powers to protect society
from terrorist acts; the imposition of harsher sentences for anyone propagating illegal
information in social media networks; the ability for the authorities to take legal action
against political associations which incite and support acts of violence and terrorism, and
the ability to take all possible measures to impose peace and security, amongst others. The
Law no. 58 of 2006 has been the subject of two earlier communications sent on 29 March
(AL BHR 3/2006) and 30 June 2006 (UA BHR 5/2006), see A/HRC/4/26/Add.1, paras. 1415. The government responded to these allegations by stressing the need to respond to
growing instances of terrorist activities as well as to ensure that not all measures within the
allegation have been adopted due to reservations about lack of human rights protections.
The Government further reports that measures that have been adopted provide adequate
limitations and definitions to criminal sanctions so as to prevent abuse; the Government
emphasized further its commitment to promote and implement human rights protections
moving forward. The Special Rapporteur thanks the Government for its reply to the
concerns expressed, but would also like to stress further that the prohibition of torture is
absolute and non-derogable. Thus no grounds of national security concerns can justify
policies which promote or encourage the use of torture. Such is expressed in article 2(2) of
the Convention Against Torture, which provides that no exceptional circumstances
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