The prohibition on torture has been considered a peremptory norm of jus cogens (Latin for ‘compelling law’) international law since this body of law was first conceived over a century ago...
The prohibition on torture has been considered a peremptory norm of
jus cogens (Latin for ‘compelling law’) international law since this
body of law was first conceived over a century ago.
Body of Ali Saqer, died in custody 9 April 2011
The prohibition on torture has been considered a peremptory norm of
jus cogens (Latin for ‘compelling law’) international law since this
body of law was first conceived over a century ago.
“A peremptory norm of general international law is a norm accepted
and recognised by the international community of states as a whole as a
norm from which no derogation is permitted.”[1]
and recognised by the international community of states as a whole as a
norm from which no derogation is permitted.”[1]
Bahrain ratified the 1984 Convention Against Torture (CAT) in 1998.
Article 2 of the Convention requires states “to take effective measures
to prevent [torture] in any territory under its jurisdiction”. The
effect of peremptory norms in that states will never admit that they
violate such basic moral principles. Which state would admit to piracy,
genocide, slavery, racial discrimination or torture, even if it did in
fact commit such acts?
Article 2 of the Convention requires states “to take effective measures
to prevent [torture] in any territory under its jurisdiction”. The
effect of peremptory norms in that states will never admit that they
violate such basic moral principles. Which state would admit to piracy,
genocide, slavery, racial discrimination or torture, even if it did in
fact commit such acts?
Dr Saqer Al-Khalifa, a member of the royal family, wrote a blogpost
in which he plays down acts of torture as rare and not officially
sanctioned.[2] He tacitly admits that acts of torture occurred in
prison, saying that “We hear a lot of cases of over-reactions on the
street and some times in prisons. Seeing someone detained in jail who
ordered or literally killed a friend dear to you requires an enormous
amount of self-control not to throw a punch at least. It was a mistake
to keep close friends of the deceased policemen near those responsible
for their murder.” This refers to the case of Ali Saqer, the only death
in custody which has been officially investigated, and does not explain
the prevalence of such claims.
in which he plays down acts of torture as rare and not officially
sanctioned.[2] He tacitly admits that acts of torture occurred in
prison, saying that “We hear a lot of cases of over-reactions on the
street and some times in prisons. Seeing someone detained in jail who
ordered or literally killed a friend dear to you requires an enormous
amount of self-control not to throw a punch at least. It was a mistake
to keep close friends of the deceased policemen near those responsible
for their murder.” This refers to the case of Ali Saqer, the only death
in custody which has been officially investigated, and does not explain
the prevalence of such claims.
Because torture is a peremptory norm of international law, Al-Khalifa
frames his admission of torture in a way which makes it seem rare,
justified and an exception to the rule. This denial of a state policy to
torture political opponents can be seen in official government
statements also.[3] Whether or not torture is state sanctioned, states
signatory to the CAT are required to prevent torture occurring within
their borders.
frames his admission of torture in a way which makes it seem rare,
justified and an exception to the rule. This denial of a state policy to
torture political opponents can be seen in official government
statements also.[3] Whether or not torture is state sanctioned, states
signatory to the CAT are required to prevent torture occurring within
their borders.
Since February 14th, four people have died in Bahraini police custody
with obvious signs of torture apparent on their bodies[4] . Human
Rights defenders like Abdulhadi Al-Khawaja, opposition politicians like
Ebrahim Sharif and government critics like Abdulla Isa Al Mahroos[5]
have also been suffered abuse in prison[6]. Furthermore, “Médecins Sans
Frontières (MSF), alleges that security forces... regularly beat
hospital patients who had injuries that could have been sustained during
the rallies that started in February.”[7]
with obvious signs of torture apparent on their bodies[4] . Human
Rights defenders like Abdulhadi Al-Khawaja, opposition politicians like
Ebrahim Sharif and government critics like Abdulla Isa Al Mahroos[5]
have also been suffered abuse in prison[6]. Furthermore, “Médecins Sans
Frontières (MSF), alleges that security forces... regularly beat
hospital patients who had injuries that could have been sustained during
the rallies that started in February.”[7]
In many cases brought against protesters and opposition leaders,
confessions by the accused are the only evidence brought by the
prosecution. Human Rights groups are extremely concerned by the
possibility that many of these are coerced confessions, with one many
who died in custody having made a televised confession that he killed a
policeman.[8] The UK Foreign Office has expressed concern about the
non-transparent nature of trials and apparently coerced confessions.[9]
confessions by the accused are the only evidence brought by the
prosecution. Human Rights groups are extremely concerned by the
possibility that many of these are coerced confessions, with one many
who died in custody having made a televised confession that he killed a
policeman.[8] The UK Foreign Office has expressed concern about the
non-transparent nature of trials and apparently coerced confessions.[9]
The Ministry of the Interior has stated that they will carry out
investigations into the officers responsible for the death of Ali
Saqer[10] , but the majority of less well-publicised cases are not being
investigated whatsoever. Furthermore, 2 months after his death and no
official has been sentenced for the murder of Saqer. On the contrary,
the government has been protecting officers known to have committed
torture by changing their positions[11] , or re-criminalising defendants
previously acquitted of having killed a policeman to protect those who
extracted their confessions under torture.[12]
investigations into the officers responsible for the death of Ali
Saqer[10] , but the majority of less well-publicised cases are not being
investigated whatsoever. Furthermore, 2 months after his death and no
official has been sentenced for the murder of Saqer. On the contrary,
the government has been protecting officers known to have committed
torture by changing their positions[11] , or re-criminalising defendants
previously acquitted of having killed a policeman to protect those who
extracted their confessions under torture.[12]
BCHR calls on the government of Bahrain to allow credible
international human rights investigators from OHCHR and ICRC who
currently have has promises of future visits but without concrete dates.
It is worrying that ICRC[13] , Human Rights Watch and Amnesty
International seem to be prohibited from entering the country to
investigate cases of torture and political imprisonment. Bahrain should
allow these delegations access to prisons and those claiming abuse so
that it can comply with its legal obligations under international
conventions on torture and civil and political rights.
international human rights investigators from OHCHR and ICRC who
currently have has promises of future visits but without concrete dates.
It is worrying that ICRC[13] , Human Rights Watch and Amnesty
International seem to be prohibited from entering the country to
investigate cases of torture and political imprisonment. Bahrain should
allow these delegations access to prisons and those claiming abuse so
that it can comply with its legal obligations under international
conventions on torture and civil and political rights.
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