A/HRC/31/57/Add.1
42. 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 the Bahamas, by failing to provide adequate
detention conditions and to end the practice of detention of children together with adults,
violated their absolute right to be free from cruel, inhuman or degrading treatment.
Bahrain
(a)
JUA 15/04/2015 Case No. BHR 2/2015 State reply: 18/05/2015 Allegation concerning the
arrest, detention, and torture of human rights defender Mr. Nabeel Rajab.
43.
The Special Rapporteur thanks the Government of Bahrain for its reply, dated 18
May 2015, to the present communication.
44.
The Rapporteur takes note of the information provided by the Government about the
allegation concerning the case against Mr. Rajab. However, the Rapporteur finds that the
Government failed to submit any information regarding the allegations of torture and illtreatment of Mr. Rajab and does therefore not sufficiently address the concerns, legal
obligations, and questions raised in the initial communication, and consequently fails to
fully and expeditiously cooperate with the mandate issued by the Human Rights Council in
its resolution 25/13.
45.
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 failing to protect the physical and
psychological integrity of Mr. Rajab, has violated his right to be free from torture or cruel,
inhuman or degrading treatment, as provided by articles 1 and 16 of the Convention against
Torture (CAT) to which Bahrain acceded on 6 March 1998.
46.
It has come to the attention of the Special Rapporteur that after receiving a pardon
from King Hamad, Mr. Rajab was released from prison on 13 July 2015. The Rapporteur
welcomes the news of Mr. Rajab’s release. The Special Rapporteur calls upon the
government of Bahrain to conduct a fair, impartial and independent investigation into the
allegations of torture and ill-treatment and to hold those responsible accountable.
(b)
JUA 13/05/2015 Case No. BHR 3/2015 State reply: 13/07/2015 Allegation of arbitrary
arrests, charges, detention, torture, and sentencing of 39 minors, aged between 10
years old and 17 years old.
47.
The Special Rapporteur thanks the Government of Bahrain for its reply, dated 13
July 2015, to the present communication.
48.
The Rapporteur takes note of the information provided by the Government
concerning the charges and legal proceedings against 32 of the minors, and the lengthy
terms of imprisonment for several of the minors discussed in the letter, ranging between
seven and fifteen years imprisonment. The Special Rapporteur in particular welcomes the
information provided by the Government regarding the procedures in places for allegations
of torture or ill-treatment at arrest, interrogation or at any stage of the police procedures. In
spite of the information supplied by the Government, its reply fails to inform the
Rapporteur of the results of any inquiry into the alleged physical, verbal, and sexual abuse
the minors have been subjected to while in detention. Similarly, the reply does not address
the allegation that some of the minors have been held in solitary confinement.
49.
The Rapporteur would like to draw the Government’s attention to his interim report
to the General Assembly of 5 August 2011 (A/66/268), in which the Rapporteur 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
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