CAT/C/BHR/CO/2-3
confessions, the fact that some individuals are reported to have been sentenced to 25 years
of imprisonment on the basis of confessions made under torture, and the refusal of judges to
take into account in court visible signs of torture shown by the defendants. It is particularly
concerned that the sentences of the three persons who were executed on 15 January 2017
are reported to have been based on confessions extracted under torture (arts. 2 and 12-16).
17.
The State party should implement the relevant provisions of its Code of
Criminal Procedure, including article 253, and ensure that evidence obtained through
any form of coercion or torture is inadmissible in all judicial proceedings, in line with
article 15 of the Convention. It should enact legislation providing for inquiries into
well-founded allegations of torture that are brought to the judge’s attention by the
defendant or their counsel. Judges should review cases of convictions based solely on
confessions, since many may have been based on evidence obtained through torture
and ill-treatment, and the State party should inform the Committee of the results of
the review. The State party should conduct prompt and impartial investigations into
such cases, take appropriate remedial measures and provide the Committee with
information on whether any officials have been prosecuted and punished for
extracting such confessions.
Duration of pretrial detention
18.
While noting that the Code of Criminal Procedure stipulates that law enforcement
officials should hand suspects over to the public prosecution within 24 hours of
apprehension and that detention warrants issued by the public prosecution are valid for
seven days only following the handover of the suspect, the Committee is concerned that the
public prosecution can submit an application to a lower court judge to issue a warrant for
up to a further 15 days, or for successive periods amounting in total to not more than 30
days. It is also concerned that article 147 of the Code of Criminal Procedure allows for
detention on remand that can be imposed by a lower court for a period or consecutive
periods of up to 30 days on condition that no period exceeds 15 days. It is particularly
concerned that chapter I of the special section of the Criminal Code concerning State
security offences allows the public prosecution to detain a suspect for an initial period of 28
days or for up to six months under the Act on the Protection of Society from Terrorist Acts
(arts. 2, 4, 11 and 16).
19.
The State party should:
(a)
Ensure that persons who are arrested on criminal charges, including
under the Act on the Protection of Society from Terrorist Acts, are brought before a
judge within 48 hours;
(b)
Amend its legislation and take all necessary measures to shorten the
duration of pretrial detention, which should be used as an exception, as a measure of
last resort and applied for limited periods of time;
(c)
Ensure that pretrial detention is regulated clearly and subject to judicial
supervision at all times in order to guarantee fundamental legal safeguards;
(d)
Consider replacing pretrial detention for minor crimes with noncustodial measures, in accordance with the United Nations Standard Minimum Rules
for Non-custodial Measures (the Tokyo Rules);
(e)
Ensure that redress, including compensation, is provided to victims of
unjustified prolonged pretrial detention.
Solitary confinement
20.
While national law has prescribed since 2014, under the Reform and Rehabilitation
Institution Act, that solitary confinement should not last for more than seven days, the
Committee is concerned about the actual use of solitary confinement in different detention
centres as punishment for prolonged periods of time. It is particularly concerned about the
solitary confinement of Nabeel Rajab, which is reported to have exceeded nine months and
during which he has been denied adequate medical care. The Committee draws the State
party’s attention to the fact that excessive use of solitary confinement constitutes cruel,
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