E/CN.4/2002/77/Add.2
page 25
delegation visited. Prisoners serving long-term sentences are housed at Jaw prison, where there
were 253 inmates. All women deprived of their liberty are held at Isa Town prison, which
housed 24 inmates on the day of the visit, of whom six had been convicted. Convicted prisoners
are segregated from the other categories of detainees (remand prisoners and foreigners being
held pending expulsion).
90.
The prisons are not overcrowded owing to the amnesty mentioned earlier, and as a result
conditions of detention are on the whole satisfactory. On the day of the visit to “Dry Dock
Camp”, which used to house several hundred political prisoners, there were a mere four
foreigners in administrative detention, all of whom were serving light sentences and awaiting
expulsion from Bahrain. Prison visits and communication with family members and lawyers are
permitted, and medical coverage is theoretically available. All the inmates are in prison pursuant
to a decision by a court that they should be deprived of their liberty.
91.
The provisions of the Penitentiary Code are somewhat obsolete and no longer reflect the
reality of conditions of detention in Bahrain. The authorities intend to promulgate a new code
reflecting the new methods of dealing with offenders and in keeping with the guidelines
contained in the booklet distributed to prison officers, a copy of which was passed to the
delegation. This booklet reflects contemporary thinking on the rehabilitation and reabsorption of
prisoners into society, and stresses that their dignity must be respected.
3.
Imprisonment for insolvency
92.
Imprisonment for debt is particularly common. Under Legislative Decree No. 5
amending article 170 of the Code of Criminal Procedure, anyone sentenced to pay a fine may be
imprisoned for up to one year to compel performance. Moreover, the Code of Civil Procedure
contains a provision stating that, against a daily payment of 45 dinars to the State, a creditor is
entitled to have a recalcitrant debtor imprisoned for up to three months to compel him to pay is
debt.
93.
Imprisonment for contractual debt is a breach of international law (article 11 of the
International Covenant on Civil and Political Rights) even if, as here, the Penitentiary Code
specifies that this category of prisoners must be treated in the same way as remand prisoners and
minors under 16. Article 170 of the Code of Criminal Procedure outlines a whole procedure for
effecting this type of imprisonment, but according to sources questioned by the delegation, the
duration of imprisonment to compel performance is specified in the judgement and the measure
is applied immediately and systematically even if the convicted person is genuinely insolvent.
The provisions on imprisonment to compel performance remain unaltered in the draft code of
criminal procedure, except that the judgement is no longer enforced by the court handing down
the decision but is handled by the judge responsible for the execution of sentences. Such
detainees may be divided into three categories:
(a)
Insolvent detainees unable to pay a fine imposed on them by a court;
(b)
Detainees remaining in pre-trial detention because of inability to post bail;
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