Government Response

The Supreme Judicial Council issued a statute regulating visits and inspections of prisons, detention centers and places where precautionary measures are taken. The statute provided that the Chief Justice of the Court of Appeals, the Chief Justice of the High Court, penalty enforcement judges, Juvenile Court judges, and relevant members of Public Prosecution shall be assigned the tasks of visiting prisons, review incarceration orders and arrest warrants, and ascertain fair treatment, and health and social conditions of inmates.

The Statute provided rules of implementation of those tasks by inspecting prison cells, ascertaining proper health conditions, ensuring that inmates are properly classified and segregated, and that each category of inmates is treated commensurate with the status of that category, in addition to inspecting food and clothing of inmates, inspection of work areas of convicts who are carrying out sentences with labor, and ensuring that convicts are working in a proper environment under suitable conditions. talking to inmates, listening to their grievances, and examining any complaints they have, and in particular abuse related complaints, and taking immediate legal action to resolve them. The office of the Prosecutor General shall be notified of violations or comments found during inspections. It shall also be ascertained that no one is imprisoned without legal grounds, and that Prosecution General orders and court sentences are being carried out as stated, and that records required by law are being used regularly.

The Supreme Judicial Council sent the Statute to the National Commission along with a letter stating that inspections and visits were being conducted continuously since the ratification of the Criminal Code.

Government Response

With regard to paragraph (b), the legal experts recommended that "the effective supervision by the Permanent Commission" for the detention centres could be implemented by the National Foundation for Human Rights, in accordance with the standards of Paris.

The Council of Ministers is considering the draft legislation for the establishment of the National Foundation for Human Rights in accordance with the standards of Paris. This legislation shows clearly in paragraph 5 (b) that the National Foundation for Human Rights will oversee the detention centres.

The Interior Ministry signed a memorandum of understanding with the International Committee of the Red Cross on December 8, 2011. The International Committee of the Red Cross will visit all detention centres and will be providing advice and assistance to the Ministry of Interior in its reform efforts.

A new provisional detention centre has been opened on January, 2012 in the Dry Dock Prison. This centre will be for the detention of all persons charged with crimes, but not yet convicted. The Inspector General at the Ministry of Interior will oversee the centre until its management is transferred to another body outside the Interior Ministry in a timely manner according to the recommendations of legal experts.

With regard to the paragraphs (a) and (c), and further order of the Interior Minister in December 22, 2011, new procedures were included to obligate any detainee (and the officer who arrests him) to sign a document that includes the rights of the arrested. The document contains a list that reminds the security personnel of the following:

(A) Showing the warrant of arrest.

(B) To guarantee quick communication with their attorneys.

(C) To allow family visits for them, according to the criminal law in Bahrain.

This list is soft-copied and saved in a central network. It will be reviewed anytime by the officials.

Government Response

Note: The Commission was provided with the report of the Foreign Affairs, Defence and National Security Committee of the Shura Council, along with the draft law of reform and rehabilitation institutions.

Government Response

Attached is a copy of the Ministerial Order issued on 24 December 2011 by H.E. Minister of Interior to the Inspector General, providing as follows:

In implementation of the BICI recommendations related to the Ministry of Interior, you are required to implement the following:

(a) To enlist the help of experts and specialists to develop the Inspector General Office, currently reporting to the Minister of Interior. The detention center shall be placed under the supervision and control of the Inspector General. Employee dismissal cases shall be reviewed to ensure compliance with applicable laws.

(b) To issue a code of conduct for public security forces.

(c) To take necessary action to safeguard all the rights of the detailed in accordance with the Bahraini criminal procedures code, including the appointment of a lawyer.

(d) To study the establishment of a central detention facility under the supervision of Public Prosecution.