A/HRC/34/54/Add.3
on account of the fact that he was the only detainee in the detention facility; and that he
was transferred to a hospital for two days’ observation.
38. The Special Rapporteur however finds that the Government, in its reply, does not
sufficiently address the allegations that Mr. Rajab was placed in prolonged solitary
confinement; denied access to a lawyer and family visits aside from one fifteen-minute
visit; and of his deteriorating health status, which may require specialized medical
attention. Therefore, the response does not sufficiently address the concerns, legal
obligations, and questions raised in the initial communication, and consequently fails to
cooperate fully and expeditiously with the mandate issued by the Human Rights Council
in its resolution 25/13.
39. The Special Rapporteur draws the attention of the State to the Standard Minimum
Rules for the Treatment of Prisoners (reviewed on 5 November 2015 and renamed the
“Mandela Rules”) and in particular the clause that provides that all prisons shall ensure
prompt access to medical attention in urgent cases. Prisoners who require specialized
treatment or surgery shall be transferred to specialized institutions or to civil hospitals.
Where a prison service has its own hospital facilities, they shall be adequately staffed
and equipped to provide prisoners referred to them with appropriate treatment and care.
40. In the absence of information to the contrary, the Special Rapporteur concludes that
there is substance in the allegations presented in the initial communication, available via
the link above, and 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 cruel,
inhuman and degrading treatment, as provided by articles 2, and 16 of the CAT, and has
failed to comply with its obligation to investigate, prosecute and punish all acts of
torture and other cruel, inhuman or degrading treatment or punishment, as provided by
articles 1, 2, and 16 of the Convention against Torture (CAT) to which Bahrain acceded
on 6 March 1998.
JAL 15/08/2016 Case No. BHR 6/2016 State reply: 4/10/2016 Allegations concerning
the lack of investigation into complaints of torture and ill-treatment of Mr.
Mohammed Ramadan, resulting in a false confession that led to his conviction and
the imposition of the death penalty.
41. The Special Rapporteur thanks the Government of Bahrain for its reply, dated 14
October 2016, to the present communication, available via the link above.
42. The Special Rapporteur takes note of the information provided by the Government
that an examination by the medical examiner confirmed the existence of an injury on
Mr. Ramadan’s leg, of whose cause Mr. Ramadan reported being unaware. The Special
Rapporteur further notes with concern the information that Mr. Ramadan, who did not
confess to having committed the crimes of homicide, attempted homicide, and
triggering an explosion, was sentenced on the basis of his admission that he participated
in a demonstration, and on the basis of confessions made by other accused persons.
43. In spite of the information supplied by the Government, its reply fails to respond to
the allegations that Mr. Ramadan was subjected to various forms of torture and illtreatment by security forces for four consecutive days, leading to his forced confession,
and to allegations of a lack of investigations into these allegations. The Special
Rapporteur hence finds that the Government, in its reply, does not sufficiently address
the concerns, legal obligations, and questions raised in the initial communication, which
prompts him to conclude that the Government fails to fully and expeditiously cooperate
with the mandate issued by the Human Rights Council in its resolution 25/13.
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