Unit highlights BICI report implementation success.

BAHRAIN's success in ensuring accountability of offenders, the right to compensation and freedom of expression in the aftermath of the unrest was highlighted yesterday.

The unit following up implementation of Bahrain Independent Commission of Inquiry (BICI) recommendations said the Special Investigation Unit (SIU) took over 122 cases referred to it by the Interior Ministry and National Security Agency.

Unit head Dana Al Zayani said it also directly received 45 complaints. Seventy-seven accused were questioned directly and investigations resulted in charges made against 21, including officers, and referral of 13 cases, including murders, to civil courts. They were re-investigated.

In an interim report, she said the government prepared key changes to the Penal Code and Code of Criminal Procedure to ensure offenders are punished. The most significant one was the definition of torture, which criminalises acts of inflicting pain or suffering on a detainee by or under supervision of a civil servant or a serving officer to extract information, confession or terrorise or coerce the detainee or any other person.

It emphasises that the statute of limitations does not apply to torture.

In addition, a draft amendment has made the threat accompanied by a demand or order to prevent or affect a testimony before an investigative authority or a court, an aggravating factor.

To ensure compensation for injuries, an article has been added to the Code of Criminal Procedure, allowing any person who claims to have suffered a vengeful act as a result of a previous claim of torture or any form of inhumane or degrading treatment or punishment, to file a civil action suit against the accused while evidence is being gathered during investigation or before the court trying the case if the vengeful act is considered a crime. If it is not a punishable felony, civil courts will have jurisdiction.

Ms Al Zayani said prior to the BICI report, the government prepared changes to Penal Code provisions related to freedom of expression, which were approved by the Shura Council and parliament.

The most important one is constraints on implementation of a provision which provides for punishment for broadcasting false news, on condition that such act is deliberate and harms national security and public order or health.

Also, a new article stresses that interpretation of restrictions on the freedom of expression in this or any other code remains within the framework of a democratic society and exercising the freedom within it is exempt from punishment.

The Public Prosecution, prior to ratification of changes, dropped all charges which overlapped with the freedom of expression in 334 cases.

Ms Al Zayani said an international expert has been appointed as a permanent adviser to the Higher Judicial Council to develop the judicial system and is scheduled to submit a preliminary report covering challenges and best practices in August.

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