CAT/C/BHR/CO/2-3
reported that a number of prisoners were given increased sentences as a result of those
events (arts. 2, 11-14 and 16).
25.
The State party should:
(a)
Ensure that the use of force by security forces in places of detention
during security operations is not excessive and that tear gas is not fired in closed
spaces to quell riots, which endangers the lives of the inmates;
(b)
Ensure that the basic rights of detainees are maintained in all
circumstances and that detainees are not subjected to collective punishment by the
prison administration;
(c)
Ensure that effective investigations are conducted into all cases of
violence and that conditions of detention do not provoke riots by the inmates;
(d)
Ensure that thorough investigations are conducted into all allegations of
torture and ill-treatment committed in detention facilities, punish any perpetrators
who are found guilty and provide redress, including medical and psychological
rehabilitation, to the victims.
Treatment of minors
26.
The Committee is concerned that the minimum age of criminal responsibility is 7
years and that minors over 16 years of age are in fact regarded as adult offenders, which
increases their exposure to the risk of torture and ill-treatment. The Committee is also
concerned at reports that 76 minors were detained during security operations in 2010 and
that, of the cases of torture submitted to a non-governmental organization between 1
January and 26 June 2016, 10 involved individuals who were minors at the time of arrest. It
is also concerned that minors were among the inmates against whom tear gas was used
during the riot in Jaw Prison in 2015. Furthermore, the Committee is concerned that, of
some 200 minors who were incarcerated in 2015, about half were detained in facilities for
adults, sometimes owing to overcrowding (arts. 2, 11-13 and 16).
27.
The State party should:
(a)
Amend its legislation with a view to raising the minimum age of criminal
responsibility to 12 years, as recommended by the Committee on the Rights of the
Child in its general comment No. 10 (2007) on children’s rights in juvenile justice;
(b)
Ensure the full implementation of juvenile justice standards and of the
United Nations Standard Minimum Rules for the Administration of Juvenile Justice
(the Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile
Delinquency (the Riyadh Guidelines) and the United Nations Rules for the Protection
of Juveniles Deprived of their Liberty;
(c)
Ensure that minors are detained as a last resort only and for the shortest
possible period and that they are separated from adults and afforded full legal
safeguards, and use non-custodial measures for minors who are in conflict with the
law.
Independent complaints mechanisms in places of detention
28.
While noting that persons deprived of their liberty can file complaints about torture
or ill-treatment with a number of bodies created pursuant to the recommendations of the
Bahrain Independent Commission of Inquiry, such as the Office of the Ombudsman
(General Secretariat of Complaints) of the Ministry of the Interior, the Directorate of
Internal Investigations of the Ministry of the Interior, the General Directorate of Reform
and Rehabilitation of the Ministry of the Interior, the Ombudsman’s Office of the National
Security Agency, the Special Investigation Unit in the Public Prosecutor’s Office, the
National Institution for Human Rights and the Prisoners’ and Detainees’ Rights
Commission, the Committee is concerned that those bodies are not independent, that their
mandates are unclear and overlap, and that they are not effective given that complaints
ultimately pass through the Ministry of the Interior. It is also concerned that their activities
have had little or no effect, and that the authorities provided negligible information
7