Report of the Bahrain Independent Commission of Inquiry

Chapter VI — Allegations of Human Rights Violations Against the Person
time period between the alleged incidence of torture and the medical
examination.
1217. In four cases, the experts concluded that the injuries detected were
non-specific lesions and had no correlation with torture. However, the experts
noted that the absence of external injuries does not exclude the possibility of
torture.
1218. In one case, the medical expert concluded that the increased levels of
creatinine kinase enzyme and the various small contusions detected on the
body suggested that the detainee had been subjected to trauma by an
instrument with localised striking surface and moderate momentum. The
expert also concluded that the detainee’s positive lesions displayed a moderate
level of consistency with torture, and that the rounded dark brown areas
scattered over most of the body were probably caused by electro-shock
devices. However, the expert could not exclude dermatological disease as a
possible cause of these injuries.
2. Applicable Law
a) International Law
1219. Article 1 of the UN Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (CAT) provides:
For the purposes of this Convention, the term “torture” means any
act by which severe pain or suffering, whether physical or mental,
is intentionally inflicted on a person for such purposes as
obtaining from him or a third person information or a confession,
punishing him for an act he or a third person has committed or is
suspected of having committed, or intimidating or coercing him or
a third person, or for any reason based on discrimination of any
kind, when such pain or suffering is inflicted by or at the
instigation of or with the consent or acquiescence of a public
official or other person acting in an official capacity. It does not
include pain or suffering arising only from, inherent in or
incidental to lawful sanctions.
1220. Article 7 of the ICCPR provides: “No one shall be subjected to torture
or to cruel, inhuman or degrading treatment or punishment.” Article 8(1) of
the Arab Charter essentially mirrors this prohibition.
1221. Article 10(1) of the ICCPR provides: “All persons deprived of their
liberty shall be treated with humanity and with respect for the inherent dignity
of the human person.” Article 20(1) of the Arab Charter essentially mirrors
this prohibition.
1222. Furthermore, article 9(1) to (4) of the ICCPR provides:
1. Everyone has the right to liberty and security of person. No one
shall be subjected to arbitrary arrest or detention. No one shall be
deprived of his liberty except on such grounds and in accordance
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