Torture in Bahrain - The "Amnesty Decree", Decree 56 of 2002

The "Amnesty Decree", Decree 56 of 2002

The state's obligation to provide an effective remedy and the need for torture survivors to receive compensation and other forms of reparation was stressed by the United Nations Working Group on Arbitrary Detention. The views of civil society have also emphasised the need for effective and enforceable remedies for torture.

Nevertheless, no alleged perpetrator has been tried for torture or ill treatment despite the practice of torture in Bahrain during the 1980s and 1990s being well documented. In one case in 2001 an individual who suffered torture while in police custody was reported to have been personally compensated by the Emir. In November 2002, 8 torture victims lodged complaints relating to their treatment with the Directorate of Public Prosecutions requesting effective investigation and the prosecution of one of the alleged perpetrators, Adel Felaifel, who was already being investigated on relation to fraud and embezzlement charges. There have been numerous demonstrations and calls from the public for such a prosecution to be initiated. Nevertheless no formal investigation of these cases has been reported and calls for the investigation and prosecution of such crimes has been met with stiff opposition from the Government.

Decree 56 of 2002, which purports to grant a blanket amnesty for any case (civil or criminal) lodged by persons accused of or convicted of “offences that endangered or pose a threat to state/national security” which fell within the jurisdiction of the State Security Court, effectively extends Decree 10/2001, the general amnesty of February 2001, to cover human rights violations committed by government and security officials as well as offences by political opponents of the government. It appears to be in direct contravention of the provision of Article 89 of the Penal Code that only allows amnesty laws which do “not affect third party rights,” and contrary to the prohibition of torture by the National Charter, which provides that:

“No person shall in any way be subjected to any kind of physical or moral torture, inhumane, humiliating indignant treatment… Law ensures punishment of those who commit an offence of torture, a physically or psychologically harmful act”.

Despite petitions to the King to repeal Decree No. 56, the Decree remains in force.