E/CN.4/2002/77/Add.2
page 24
must immediately go to the place indicated, verify the information and, if necessary, order the
release of the person arbitrarily detained. Those responsible for the arbitrary detention must be
prosecuted.
Other guarantees enshrining universal standards are envisaged. They show that the legislative
reforms set in motion by the authorities have - at least on paper - become a reality.
85.
This belief is shared by many of the people whom the delegation met. But whereas no
one took issue with the underlying principles, there was criticism of the methods adopted by the
authorities, including their failure to involve civil society enough in drafting the proposals. For
this reason, while welcoming the steps taken by the authorities, the Working Group stresses the
need to involve civil society, those working alongside the legal system and everyone else
concerned in drafting proposals so as to secure their backing for the venture and guarantee it
every chance of success.
E. Organization and operation of the prison administration
86.
The prison administration is part of the Ministry of the Interior and is managed by
specially trained police officers. The 1964 Penitentiary Code lays down the rules governing
penitentiaries and defines conditions of detention applicable to all persons deprived of their
liberty. It should be noted that only persons given custodial sentences by the courts are held in
prisons. Under the Bahraini system, remand prisoners are detained in police stations and
foreigners are held in administrative detention at a special unit. However, women in police
custody and pre-trial detention are housed in the women’s prison.
1.
Police custody and pre-trial detention at police stations
87.
As it is the police that handle prosecutions and investigate cases, detainees in police
custody and pre-trial detention are held at police stations. The conditions of detention at the
police stations which the delegation visited meet international standards. With rare exceptions,
the sources questioned by the delegation acknowledged that they had been informed of the
grounds for their arrest with reasonable promptitude and had been allowed to communicate with
their families.
88.
On the other hand, a person being held in police custody is not allowed a lawyer. It is
rare for counsel to be present during the investigation, and even in criminal cases counsel is not
mandatory until the case comes to trial. One anomaly mentioned by a number of detainees is
that interviews with lawyers are not confidential, taking place in the presence of a guard who
refuses to leave the room and listens to what is said: this violates international standards. The
Working Group urges the authorities to remedy this state of affairs, especially given that, under
the planned reform, counsel will be permitted to be present as soon as a person is taken into
police custody.
2.
Serving of sentences in prisons
89.
Male prisoners are divided into two categories. Those serving short-term sentences (less
than 12 months) are housed at Manama prison. There were 53 inmates there on the day the
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