A/HRC/31/57/Add.1
adequate and effective safeguards in place, the use of prolonged (in excess of 15 days under
conditions of total isolation) or indefinite solitary confinement may never constitute a
legitimate instrument of the State, as it may cause severe mental and physical pain or
suffering, a point which has been reiterated in paragraph 28 of the General Assembly
resolution 68/156. Prolonged or indefinite solitary confinement runs afoul of the absolute
prohibition of torture and other cruel, inhuman or degrading treatment or punishment.
55.
In the absence of information to the contrary, the Rapporteur concludes that there is
substance in the allegations presented in the initial communication, available via the link
above, and thus that the Government of Bahrain, by seeking to execute the death penalty on
Mr. Mohammed Ramadan and Mr. Husain Ali Moosa following trials that did not meet
international standards of fair trial and due process, and by subjecting Mr. Mohammed
Ramadan to prolonged solitary confinement, has violated their right to be free from torture
or cruel, inhuman or degrading treatment.
56.
The Special Rapporteur calls upon the State to reconsider whether the use of the
death penalty per se respects the inherent dignity of the human person, causes severe mental
and physical pain or suffering and constitutes a violation of the prohibition of torture and
other cruel, inhuman or degrading treatment or punishment; (para. 79 A/67/279). He
reminds the government of Bahrain of the absolute and non-derogable prohibition of torture
and other ill-treatment as codified in articles 2 and 16 of the Convention against Torture
and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT).With regard to
sentences imposing the death penalty, the report of the Special Rapporteur on torture and
other cruel, inhuman or degrading treatment or punishment (A/67/279) calls upon
retentionist States to rigorously observe the restrictions and conditions imposed by articles
1 and 16 of the CAT.
(d)
JAL 25/11/2015 Case No. BHR 8/2015 State Reply: None to date Allegations concerning
detention conditions in Jaw Prison in Bahrain, among them inadequate or no access to
medical care, as well as torture and ill-treatment suffered during and following the
crackdown of a prison protest, and the absence of any investigation into these
allegations.
57.
The Special Rapporteur regrets that the Government of Bahrain has not replied to
the present communication, thereby failing to cooperate with the mandate issued by the
Human Rights Council in its resolution 25/13. In particular this third communication
related to the Jaw prison expressed grave concerns regarding the detention conditions in
that facility. Earlier government replies did not sufficiently address the concerns, legal
obligations, and questions raised in the initial communications.
58.
Regarding the use of solitary confinement, in the Rapporteur’s interim report to the
General Assembly of 5 August 2011 (A/66/268), the Special Rapporteur on torture and
other cruel, inhuman or degrading treatment or punishment defined solitary confinement, in
accordance with the Istanbul Statement on the Use and Effects of Solitary Confinement, as
the physical and social isolation of individuals who are confined in their cells for 22 to 24
hours a day. He observed that while solitary confinement for short periods of time may be
justified under certain circumstances, with adequate and effective safeguards in place, the
use of prolonged (in excess of 15 days under conditions of total isolation) or indefinite
solitary confinement may never constitute a legitimate instrument of the State, as it may
cause severe mental and physical pain or suffering, a point which has been reiterated in
paragraph 28 of the General Assembly resolution 68/156. Prolonged or indefinite solitary
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