E/CN.4/2002/77/Add.2
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Parliamentarians, in Geneva; and to consider any matters referred to it by the Amir, to
whom the Committee reports directly every year. Among the recommendations and
opinions brought to the Committee’s attention, the delegation dwelt in particular on an
opinion relating to a bill that would do away with the requirement for prior authorization
from the husband before a wife could be issued a passport, and a recommendation
concerning the ratification of the Convention on the Elimination of All Forms of
Discrimination against Women. The Committee also has powers similar to those of an
ombudsman. At the time of the delegation’s visit it was officially dealing with some
sixty applications for reinstatement at work and a further ten or so requesting the return
of a passport.
(c)
Strengthening the independence of the judiciary (Charter, chap. II, para. 6) by the
establishment of a Constitutional Court and a Higher Judicial Council, and by making the State
prosecution service a part of the Ministry of Justice, rather than the Ministry of the Interior;
(d)
Establishing a committee to give effect to the National Charter, under the
chairmanship of the Crown Prince, to supervise the implementation and follow-up of the reforms
called for in the Charter during the transitional period.
B. Repeal of emergency legislation
17.
These reforms consist in the repeal of the emergency laws of 1975 and abolition of the
State Security Court, and the associated positive effects of releasing prisoners and allowing
exiles to return by means of an amnesty. The delegation also considered the question of the
compensation due to victims of human rights violations and the role of civil society.
1.
Repeal of emergency legislation and courts
18.
The Working Group has been especially pleased to learn of the repeals of two crucial
pieces of legislation, since they have put an end to the violations that have been brought to its
attention in recent years. They amount to a major political shift in favour of human rights.
(a)
Abolition of the State Security Court: the delegation took care to see for itself and
take official note that the premises in which the Court formerly sat are now closed;
(b)
Repeal of the emergency legislation referred to in paragraphs 8 and 9 above,
rejected by the National Assembly before its dissolution in 1975, adopted at that time by
legislative decree, then amended in 1982 and 1996 to enlarge its scope; it was this legislation that
gave rise to most of the cases of detention that the Working Group ruled arbitrary.
19.
It will also be noted that Bahrain has, as it promised the Sub-Commission on the
Promotion and Protection of Human Rights, withdrawn its reservation to article 20 of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
calling for an inquiry if the Committee against Torture receives information indicating that
torture is being systematically practised in the territory of a State party.