CAT/C/CR/34/BHR
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(o)
The overbroad discretionary powers of the Shariah court judges in the application
of personal status law and criminal law and, in particular, reported failures to take into account
clear evidence of violence confirmed in medical certificates following violence against women;
(p)
Reports of the beating and mistreatment of prisoners during three strikes in 2003
at Jaw Prison, followed by an agreement to establish an investigative commission whose
findings, however, have not been made public.
E. Recommendations
7.
The Committee recommends that the State party:
(a)
Adopt in domestic penal law a definition of torture in terms consistent with
article 1 of the Convention, including the differing purposes set forth therein, and ensure that all
acts of torture are offences under criminal law and that appropriate penalties taking into account
the grave nature of the offences are established;
(b)
Provide complete and disaggregated information about the number of detainees
who have suffered torture or ill-treatment, including any deaths in custody, the results of
investigations into the causes, and whether any officials were found responsible;
(c)
Respect the absolute nature of article 3 in all circumstances and fully incorporate
it into domestic law;
(d)
Consider steps to amend Decree No. 56 of 2002 to ensure that there is no
impunity for officials who have perpetrated or acquiesced in torture or other cruel, inhuman
or degrading treatment;
(e)
Ensure that its legal system provides victims of past acts of torture with redress
and an enforceable right to fair and adequate compensation;
(f)
Ensure that any measure taken to combat terrorism, including the draft law, is
in accordance with Security Council resolutions which require, inter alia, that anti-terrorism
measures be carried out with full respect for the applicable rules of, inter alia, international
human rights law, including the Convention;
(g)
Establish an independent body with a mandate to visit and/or supervise places of
detention without prior notice, and allow impartial and non-governmental organizations to make
visits to prisons and places where the authorities keep detainees;
(h)
Fully ensure the independence of the judiciary and include female judicial
officials in its judicial system;
(i)
Consider adopting a Family Code, including measures to prevent and punish
violence against women, especially domestic violence, including fair standards of proof;
(j)
Ensure that all detained persons have immediate access to a doctor and a lawyer,
as well as contact with their families, and that detainees held by the Criminal Investigation
Department are given prompt access to a judge;