BICI Reading - Part VI - (Treatment in Custody and Freedom of Expression)

I haven't put any comments in this post. I'm just summarizing the two sections (Treatment of Persons in Custody and Detenation and Prosecution in connection with Expression, Association and

Assembly) in 2 pages. They're self-explanatory and don't need any commentary

Treatment of Persons in Custody

[bici] 1213: BICI medical experts identified 19 different methods of mistreatment, e.g. beatings, head traumas and electric shocks

[bici] 1213: 32 detainees were subjected to mistreatment and traumatic events

[bici] 1213: 15 detainees had significant psychological symptoms or impairments due to mistreatment

[bici] 1213: 34 detainees findings were highly consistent with beatings and blunt trauma

[bici] 1213: 3 cases were highly consistent with cigarette burns

Findings and Conclusions

[bici] 1230: Information regarding physical and psychological abuse indicates clear patterns of behavior

[bici] 1230: I many cases, the purpose of mistreatment was to obtain confessions

[bici] 1230: Mistreatment was also used for the purpose of retribution and punishment

[bici] 1234: The techniques used included: beating, punching, hitting with rubber hoses, cables, whips, metal and wooden objects

[bici] 1234: The techniques used included: electrocution, sleep-deprivation, exposure to extreme temperatures

[bici] 1234: The techniques used: verbal abuse, threats of rape and insulting the detainee’s religious sect (Shia)

[bici] 1235: Detainees were denied access to lawyers

[bici] 1235: GoB failed to acknowledge even the fact of detention for periods of up to two weeks

[bici] 1237: Prolonged incommunicado detention violates the prohibition of inhuman or degrading punishment

[bici] 1238: The physical and psychological treatment (torture) evidences a deliberate practice of mistreatment by MoI and NSA

[bici] 1240: The lack of accountability of officials within the security system has led to a culture of impunity

Recommendations

[bici] 1246: All allegations of torture should be investigated by an independent and impartial bode

[bici] 1247: In the light of “pattern of immunity” for torture, appropriate prosecution should be initiated

[bici] 1248: All victims of torture or mistreatment should receive compensation

[bici] 1249: All victims of prolonged incommunicado detention should receive compensation

[bici] 1251: The State should never again resort to detention without prompt access to lawyers, and without access to the outside world for more than 3 days

Detention and Prosecution in connection with Expression, Association and Assembly

[bici] 1281: Article 165 of the Penal Code infringes upon the freedom of opinion and expression by excluding from the public debate opinions that express opposition to the existing system of government of Bahrain, as well as opinions that call for any peaceful change in the structure of government or for regime change

[bici] 1282: Paragraph 1 of article 168 places broad restrictions on the exercise of freedoms of opinion and expression by criminalizing “any malicious news report, rumors or spreads of adverse publicity”, which are not clear

[bici] 1283: Paragraph 2 of article 168 restricts the freedoms of opinion and expression by infringing the right to seek, receive and impart information

[bici] 1284: Articles 165, 168 and 168 of the Penal Code were applied to repress legitimate criticism of the GoB

[bici] 1286: Article 179 of the Penal Code can be used against persons seeking to exercise their internationally guaranteed right of freedom of assembly, without the need to prove the commission of material or tangible conduct

[bici] 1288: The Attorney General has not provided a reasonable explanation for this disparity in treatment and unequal application of the law

Recommendations

[bici] 1291: The Commission recommends that all persons charged with offences involving political expression, not consisting of advocacy of violence, have their convictions reviewed and sentences commuted or outstanding charges against them dropped