E/CN.4/2002/77/Add.2
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(b)
Chapter I, article 2.3, of the National Charter, reading: “No person shall be
subject to any kind of moral or physical torture, or to any inhuman, degrading or humiliating
treatment, under any circumstances. Any confession or utterance obtained under torture, threats
or persuasion shall be null and void. An accused shall not be subjected to physical or moral
harm. The law guarantees punishment of those who commit torture or physically or
psychologically harmful acts”;
(c)
Regarding those who commit torture: acts of torture did not fall within the
jurisdiction of the State Security Court, and their perpetrators would therefore not appear to be
covered by article 1, paragraph 3, of Legislative Decree No. 10/2001, which uses the criterion of
the Court’s jurisdiction to determine the scope of application of the amnesty;
(d)
One may therefore deduce that, applicable statutory periods of limitation
notwithstanding, because acts of torture are covered by the ordinary law their perpetrators cannot
claim that proceedings against them cannot be entertained by virtue of article 3 of Legislative
Decree No. 10/2001, since that article applies only to judicial proceedings based on the
Legislative Decree.
24.
In actual fact, however, the delegation had the impression during its interviews that the
prevailing opinion in many parts of civil society is that, the current process being still so fragile,
priority should be given less to judicial proceedings of this kind than to the removal from office
of Bahraini or foreign police officers to whom acts of torture are manifestly attributable. As just
mentioned, mainstream opinion puts the highest priority on victims’ right to compensation,
inter alia for torture, and in particular to medical care with specific physical and psychological
attention.
3.
Return home of exiles
25.
The return, announced in the interests of national reconciliation, took place in phases
depending on the legal status of the various categories of people concerned. It is now complete,
in the sense that to the delegation’s knowledge the only people continuing to live abroad are
those exiles who have, for the time being, given up the idea of returning to Bahrain for personal
reasons (family, career etc), and they – according to the authorities – can return later to settle
permanently or stay as long as they like.
26.
The few difficulties that the delegation did come across related to the issuance, renewal
or return of passports, and these matters have been put before the Shura Council’s Human Rights
Committee.
27.
The question of the cancellation of international search warrants, which is linked to the
effects of the amnesty, was raised at the hearing granted to the delegation by the Foreign
Minister in view of its international or, rather, bilateral ramifications. Lists of (now amnestied)
individuals were previously sent to neighbouring countries (chiefly Saudi Arabia and Kuwait).
Just before the delegation’s visit, a person mentioned on one such list had been imprisoned in
Kuwait. The Minister, who knew of the problem, assured the delegation that instructions had
been given to cancel the lists, and that odd delays here and there were due solely to the fact that
they were being handled bilaterally.
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