E/CN.4/2002/77/Add.2
page 10
2.
Amnesties
20.
The general amnesty (Legislative Decree No. 10/2001) covers all offences falling under
the jurisdiction of the State Security Court other than life-threatening offences covered by
articles 333 and 336 of the Criminal Code. Its effects have been far-reaching because it
accomplished three things: the release of all detainees, whether held in police custody, pre-trial
detention or in prison, serving sentence after conviction; the ending of all proceedings, including
those against individuals still at large and unidentified culprits; and the return home of exiles.
Even the few individuals facing prosecution for or convicted of blood crimes have benefited
from an act of clemency (a pardon), the Amir having decided to defray the costs of compensating
victims.
21.
In its interviews with former detainees, their lawyers and representatives of civil society,
the delegation found that these surprisingly extensive amnesties have been extremely well
received, with only a few reservations:
(a)
The amnesty appears to extend to fines, which have sometimes been very heavy:
the Legislative Decree could usefully have been more specific on this point;
(b)
Logically – though the wording again does not make it clear – the bond posted so
that individuals could be released on bail pending trial ought to be returned;
(c)
Article 3, paragraph 3, of the Legislative Decree proclaiming the general amnesty
states that, without prejudice to the rights of third parties, no action at law based on the
Legislative Decree or related texts may be entertained. Does this mean that:
(i)
The amnesty also covers the perpetrators of serious violations of
individual rights, including acts of aggravated torture?
(ii)
Compensation to former prisoners, including those who, as the delegation
members were able to witness, show indisputable physical or
psychological traces of their ordeal, is ruled out?
How, in other words, is Legislative Decree No. 10/2001 to be construed vis-à-vis those guilty of
aggravated torture, and on the subject of victims’ right to compensation?
22.
On 26 June 2001, speaking on the occasion of the United Nations International Day in
Support of Victims of Torture, the Amir, H.H. Shaikh Hamad bin Isa Al-Khalifa, said: “Torture
is a heinous crime that is outlawed by Bahraini law, just as it is rejected by the teachings of our
Islamic religion and condemned by our traditions and our cultural heritage.”
23.
The delegation members, welcoming the resolute clarity of this statement, feel that the
matter needs to be addressed in the light of the points below:
(a)
Article 19 (d) of the Constitution, prohibiting torture, which remains in force (see
para. 33 below);
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