CAT/C/BHR/CO/2-3
and without benefiting from fundamental legal safeguards. The Committee is deeply
concerned by reports that numerous persons who were deprived of their liberty have been
subjected to torture or ill-treatment. It is particularly concerned about the situation of
Abdulhadi al-Khawaja, Naji Fateel, Nabeel Rajab, Abduljalil al-Singace, Hussain Jawad
and Abdulwahab Hussain, especially with regard to their access to medical care (arts. 2-3,
11-14 and 16).
33.
The State party should:
(a)
Implement recommendation No. 1722 of the Bahrain Independent
Commission of Inquiry with regard to the use of force, arrest, treatment of persons in
custody, detention and prosecution in connection with the exercise of freedom of
expression, assembly and association;
(b)
Release from detention human rights defenders and journalists who
have allegedly been detained and imprisoned in retaliation for their work, including
Abdulhadi al-Khawaja, Naji Fateel, Nabeel Rajab, Abduljalil al-Singace, Hussain
Jawad and Abdulwahab Hussain;
(c)
Investigate promptly, thoroughly and impartially all allegations of
harassment, arbitrary arrest, torture or ill-treatment of human rights defenders and
journalists, prosecute and punish appropriately those found guilty while ensuring that
they have access to justice and are guaranteed fundamental legal safeguards, and
provide redress to the victims;
(d)
Refrain from using revocation of citizenship as a form of reprisal against
human rights defenders, journalists and any other critics who are political activists
and not in favour of the authorities.
Violence against women, including domestic and sexual violence
34.
The Committee is concerned that violence against women, including marital rape
and domestic violence, are not separate crimes in the Criminal Code, and at the delay in the
adoption of legislation in that regard. It is particularly concerned that article 353 of the
Criminal Code exempts perpetrators of rape from prosecution and punishment if they marry
their victims, and that article 334 reduces the penalties for perpetrators of crimes committed
in the name of so-called honour (arts. 2, 12-14 and 16).
35.
The State party should:
(a)
Define and include domestic violence, including sexual violence and
marital rape, as specific criminal offences in its Criminal Code, with appropriate
sanctions;
(b)
Amend the Criminal Code in order to repeal articles 334 and 353;
(c)
Expedite the adoption of the bill on domestic violence, on which drafting
began in 2007;
(d)
Ensure that all allegations of violence against women, including domestic
and sexual violence, are registered by the police and that all allegations of violence are
promptly, impartially and effectively investigated and the perpetrators prosecuted
and punished;
(e)
Ensure that victims of domestic violence benefit from protection,
including restraining orders, and have access to medical and legal services, including
counselling, redress and rehabilitation, as well as safe and adequate governmentfunded shelters throughout the country;
(f)
Provide mandatory training for police and other law enforcement
officials, social workers, prosecutors and judges on the vulnerabilities of victims of
gender-based and domestic violence.
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