E/CN.4/2002/77/Add.2
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Society. This point is all the more telling since the Working Group recommends that
civil society should be called upon to play an ever greater role in the process of transition
launched by the Amir.
4.
This being the Working Group’s first visit to a Muslim-law country, the presence
of a member from the region, Mrs. Zerrougui, who knew Islam and Arabic, made it easier
to appreciate and take account of local circumstances; this made it possible to forge
bonds of great trust with women detainees and with women’s non-governmental
organizations.
5.
Lastly - in a development unprecedented in the Working Group’s history - the
release of all the prisoners, including those on whose circumstances the Group had
commented, set the seal on a successful visit.
The Working Group wishes to indicate once again its deep satisfaction at the decisive scale and
scope of the reforms that have been undertaken and the accompanying acts of clemency.
VI. RECOMMENDATIONS
Recommendation 1
113. Incarceration for insolvency: the Working Group has noticed that people are extremely
often detained for failure to post bond or pay a fine. The Government should see to it that
account is taken of insolvent debtors’ good faith and fair allowance is made for the small
incomes of the less well-off. As regards imprisonment for contractual debt, the Government
should arrange to have the laws permitting incarceration for failure to pay civil debts repealed.
The Working Group points out in this connection that article 11 of the International Covenant on
Civil and Political Rights prohibits such incarceration.
Recommendation 2
114. The “free visa” scheme: the Working Group realizes that holding employers responsible
for the entry and exit of workers allows the authorities to control the flow of migrants; it is,
nonetheless, concerned at the scale of migration and the resulting insecure status of foreigners.
This situation merits close consideration, and might be assigned for that purpose to the Shura
Council’s Human Rights Committee with a view to better safeguards that foreigners’ rights,
including their economic and social rights, are respected. The Group also recommends the
Government to give effect to articles 198 and 302 bis of the Criminal Code, bringing to justice
those “sponsors” who all too often break the rules and abuse the scheme.
Recommendation 3
115. Courts martial: remedies against decisions handed down by courts martial should be
brought into line with international standards. The Working Group recommends the
Government to review the legislation governing courts martial and bring it into line with
universal standards, in part by allowing appeals to the Court of Cassation against the decisions
that courts martial hand down.
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