CAT/C/BHR/CO/2-3
(b)
Strengthen measures to prevent acts of torture and ill-treatment in all
places where persons are deprived of their liberty;
(c)
Take vigorous measures to eliminate impunity for acts of torture by
holding alleged perpetrators accountable for such acts;
(d)
Establish a plan for the implementation of the recommendations of the
Bahrain Independent Commission of Inquiry.
Military courts and the National Security Agency
10.
The Committee is concerned about:
(a)
The amendment made in March 2017 to article 105 (b) of the Constitution
and the amendments made in April 2017 to the Military Justice Code allowing for civilians
to be tried in military courts for cases concerning a threat to national security, which
appears to be contrary to recommendation No. 1720 of the Bahrain Independent
Commission of Inquiry;
(b)
Allegations that trials that took place in military courts during the state of
national safety were unfair and that the judgments reached were often based on coerced
confessions;
(c)
The restoration of law enforcement and arrest functions to the National
Security Agency (arts. 2, 11-13 and 15-16).
11.
The Committee recommends that the State party:
(a)
Consider repealing the legislative provisions concerning the trial of
civilians by military courts and repeal the recent amendments to the Military Justice
Code;
(b)
Implement recommendation No. 1720 of the Bahrain Independent
Commission of Inquiry and make subject to full review in the ordinary courts all
convictions and sentences rendered by the National Safety Courts in which the
fundamental principles of a fair trial, including prompt and full access to legal counsel
and inadmissibility of coerced testimony, were not respected;
(c)
Implement recommendation No. 1718 of the Bahrain Independent
Commission of Inquiry and ensure that the National Security Agency is an intelligence
gathering agency without law enforcement and arrest authorities.
Resumption of the application of the death penalty
12.
The Committee is gravely concerned about:
(a)
The interruption by the State party of the de facto moratorium that had been
in place since 2010 on the application of the death penalty, which led to the execution by
firing squad on 15 January 2017 of Abbas al-Samea, Sami Mushaima and Ali al-Singace;
(b)
Reports that the trials of the three men convicted of killing three police
officers in 2014 were based on confessions obtained under torture, and the fact that the
reports were not properly investigated by the competent authorities;
(c)
The situation of Mohammed Ramadhan and Hussain Ali Moosa, who face
the death penalty and are said to have been convicted on the basis of confessions extracted
under torture (arts. 2, 11-13 and 15-16).
13.
The State party should:
(a)
Consider the prompt re-establishment of a moratorium on the use of the
death penalty;
(b)
Consider, in that context, pardoning and reprieving all inmates
currently on death row and commuting their sentences;
(c)
Ensure that allegations by defendants that their confessions have been
obtained under torture are properly investigated by competent bodies. No court
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