CAT/C/BHR/CO/2-3
regarding the outcome of their activities. The Committee is further concerned about the
loopholes in the existing complaints mechanisms whereby prison inmates have to submit
complaints regarding torture or ill-treatment through prison wardens, the prison Director or
Deputy Director, which does not guarantee that the complaints will be submitted to the
competent authorities (arts. 2, 4, 11-14 and 16).
29.
The State party should:
(a)
Ensure that all mechanisms empowered to consider complaints by
pretrial detainees and convicted prisoners in all places of detention are independent;
(b)
Ensure that all reports of torture or ill-treatment are investigated
promptly, effectively and impartially by an independent mechanism in which there is
no institutional or hierarchical connection between the investigators and the alleged
perpetrators;
(c)
Ensure that all persons under investigation for having committed acts of
torture or ill-treatment are immediately suspended from their duties and remain so
throughout the investigation, while ensuring that the principle of presumption of
innocence is observed;
(d)
Facilitate the submission of complaints by victims of torture and illtreatment, including by obtaining medical evidence in support of their allegations
from competent and independent doctors, in keeping with the Manual on the Effective
Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (the Istanbul Protocol);
(e)
Ensure in practice that complainants in all places of detention are
protected against any reprisals as a consequence of their complaint.
Monitoring of places of detention
30.
While noting that visits to places of detention can be undertaken by the President of
the Supreme Court of Appeal, the President of the High Criminal Court, the sentencing
judge, the President of the Juvenile Court, the public prosecution and the accountability
mechanisms created pursuant to the recommendations of the Bahrain Independent
Commission of Inquiry, the Committee is concerned that law enforcement and prison
officials continue to engage in conduct that is contrary to the Convention (arts. 2, 11 and
16).
31.
The State party should:
(a)
Ensure that an effective and independent monitoring system regularly
inspects all places of detention, without prior notice, and is able to meet in private
with detainees, receive complaints and conduct investigations into alleged conduct by
law enforcement and prison officials that is contrary to the Convention;
(b)
Strengthen cooperation with the United Nations human rights
mechanisms by permitting visits as soon as possible by special procedure mandate
holders who have requested them, in conformity with the revised terms of reference
for country visits by special procedure mandate holders of the United Nations Human
Rights Council (based on E/CN.4/1998/45, appendix V);
(c)
Consider ratifying the Optional Protocol to the Convention against
Torture, which provides for international and national mechanisms for the prevention
of torture in places where persons are deprived of their liberty.
Reprisals and alleged torture and ill-treatment of human rights defenders and
journalists
32.
The Committee remains concerned at numerous and consistent allegations of serious
acts of intimidation, reprisals, threats, revocation of citizenship as a reprisal and arrests and
arbitrary imprisonment of human rights defenders, journalists and their relatives in
retaliation for their work. It is also concerned that many such individuals have reportedly
faced arrest on criminal charges and have been placed on trial without due process of law
8