UN Human Rights Treaties

UNITED    NATIONS
GENERAL ASSEMBLY
 
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Thirty-fifth session Agenda items 02   (a)
TORTURE AND OTHER CRUEL,   IN HUMAN OR DEGRADING TRCATBHT OR PUBLISHMENT
Questionnaire on   the Declaration on   the Protection of all Persons   from Being Subjected to Torture   and  other Cruel,
in human or  Degrading Treatment or Punishment
Report   by   the Secretary General Addendum
CONTENTS
REPABLIS RECEIVED FROM GOVENMENTS
Bahrain             2
Madagascar        38
Thailand        39
Union of Soviet Socialist Republics        42
Venezuela    44
30-23175
 
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BAERALIT
/Origins1:    Arabic/ /6 July 1980/
Question!
Under the terme of the Constitution and other legislative acts, torture and other cruel, inhuman or degrading treatment or punishment is absolutely forbidden whether in pence or war-tire or in exceptional circumstances.     While prohibiting all   forms of torture and acts likely to prejudice or endanger the integrity of the human person for any reason and on any grounds whatsoever, the law only punished
offenders when they have knowingly and willfully committed a crime and offenders ere accorded many rights through which they are able to defend themselves.    The law also asked allowance   for reduced responsibility, valid cotises, excuses, mitigating, circumstances, suspended sentences and pardons in the same way as it takes account
of aggravating circumstances so that the Judge is able, through these controls, to investigate all aspects of the situation of the offender and to   impose the appropriate penalty in all cases
In confirmation of the above, we submit the following texts from the Constitution and other codes of law:
The Constitution protulgated on 6 December 1973
Article 4:
Justice shall be the foundation of government; co-operation and mutual kindness shall be firm bonds among citizens.     Liberty, equality, security, tranquillity, education, social solidarity and equal opportunities for citizens shall be pillars of society assured by the State.
Article 16:
Public appointments shall be a national service entrusted to those who hold them. Public officials, in the exercise of their duties, shall seek to sever the public interest.
Article 1G:
All persons shall be equal in human dignity, and citizens shall be equal in public rights and duties before the low, without discrimination on Grounds of race, origin, language, religion or belief.
Article 19.
(a)    Personal freedom shall be guaranteed in accordance with the law.
(b)    No person shall be arrested, detained, imprisoned, searched or complied to reside  in a specified place,  nor shall   the residence of any  person or his liberty
 
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to choose his place or residence or his liberty of movement be restricted, except in accordance With the provisions of the law and under the supervision of the Judicial authorities,
(c)    No detention or imprisonment shall be imposed in places other than those specified in the prison laws.    In these places health and social welcome shall be observed, and they shall be subject to the supervision of the Judicial authorities.
(d)    No person shall be subjected to physical or mental third decree or to enticement or to degrading treatment and the law shall define the penalty for committing the above.
Any statement or confession shall be null and void if it is proved to have been made under duress or enticement or degrading treatment or threat thereof,
Article 20
(a)    No crime and no penalty nay be established except by virtue of the law, and no penalty any be imposed except for offences committed after the relevant law has come into effect.
(b)    Penalties con only be borne by persons on whom the penalties have been imposed
(c)    AT. accused person shall be Presumed innocent until he has, been proved guilty in a legal trial in Which the necessary Guarantees for him to exercise his right of defence at oil stages of investigation and trial have been ensured for him in accordance with the law.
(d)   No physical or mental third decree shall be inflicted on or. accused person.
(c)    A counsel for the defence of any person accused of a crane shall be
appointed with the approval of the accused.
(f)     The right of litigation shall be Guaranteed in accordance with the lav.
Article 23:
Freedom of opinion and freedom to carry out scientific research shall be guaranteed.    Every person shall have the right to express his opinion.
Article 25:
Places of residence shall be inviolable. They may not be entered or searched without the permission of their occupants except in cases of dire necessity as specified by the law and in the manner prescribed therein.
 
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Article 26:
Freedom of postal, telegraphic and telephonic communications and the secrecy thereof shall be guaranteed, ilo communications shall be censored nor the secrecy there of revealed except in cases of necessity prescribed by the law and in accordance with the procedures and guarantees stated therein.
Article 31:
The rights and freedom laid down in this Constitution shall neither be regulated or defined except by law, or in accordance therewith. Such regulating or defining shall not bear upon the intrinsic nature of the right or freedom.
Article 41:
The Amir may by decree grant a pardon or commute a sentence. However committed shall not be granted except by low and then only in respect of offences committee prior to the proposal of the amnesty.
Article 101:
(a)   The honour of the Judiciary and the integrity and impartiality of Judges ere the bases of rule and a guarantee of rights  and liberties.
(b)     In  the administration of Justice Judges shall not be subject to any authority.     Ho  interference  whatsoever shall be allowed in the conduct of Justice.
The Code of Criminal  Procedure protulgated on 24 April   1966
Article 21:
An arrested person shall not be subjected to Greater constraints  than arc necessary  to prevent his escape.
Article 25:
No person arrested without an arrest warrant nay be detained for core than  a reasonable period based on  the circumstances of the case.     In the absence of an order  from the court or from  the President,  this period shall not exceed 48 hours.
Article 51:
If,  in the opinion of the court or the President   ...  a search or a general investigation would be  in  the interests of the inquiry  or the Judicial  proceedings ...  a search warrant may be   issued authorizing the person in whose name it  is issued to order a search or  a general investigation at the place or places specified is the order.
 
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Article 52:
If the Judge or the officer in charge of a police station ... require a search warrant, they may apply to the court or to the President for the issue of such a warrant under the terms of that article.
Article  54:
(1)    If either the court or the President  (President of the Bahrain, Courts of Justice) ... believes that a person is being detained in conditions which make such detention a crime they nay issue a search warrant ... ordering the detained person to be sought end brought before then ... and the appropriate order must be issued.
(2)    If a verbal complaint is made under oath to the effect that a person has been seized for an illegal purpose or detained in an illegal manner,  the court may, after conducting an investigation, take whatever measures it deems necessary for the  immediate restoration of his  freedom or for his return to his parents, his guardian  or the person in charge of his "welfare  if he is under the age of 14 years.
Article 55:
The search shall be conducted ...  in the presence of the local mayor or of two respectable persons from the neighborhood who shall be summoned by the person to whom the search warrant is issued ... a list must be drawn up giving details of all  items  impounded together with the locations at which they were  found ...  and this list oust be signed or stamped by the local mayor or the two witnesses.
Article  56:
The occupant of the premises... or his representative shall be allowed to be present during the search and shell be provided with a copy of the list of items impoundedÖ
Article 75:
(1)    Ho police officer (any member of the police force of the Government of Bahrain, irrespective of his rank) and no person in a position of authority cay use  force, threats or inducements with  a view to influencing the testimony to be given by any person during an inquiry into the commission of a crime.
(2)    No police officer or other person cay caution or otherwise deter any person   from caking any statements of his own free will during on inquiry into the commission of a crime.
Article 76:
(3)    The Judge shall not record such confessions (confessions by the accused)
unless, having questioned the accused, he is satisfied that the latter's confession
was made voluntarily and of his own free will.
 
English
Article 77:
(1)    If a person is arrested on reasonable suspicion of having committed crime punishable by imprisonment the court or the Judge or the police official nay order him to undergo a medical examination.
(2)    Such medical examination shall not be ordered unless it is desirable in the interests of justice on the grounds that it will indicate whether or not the arrested person committed the crime of which he is suspected.
(3)    The person who is ordered to undergo a medical   examination shall have the right to summon any physician of his choice to attend the examination.
Article 79:
(1)    if it is clearly impossible to complete the inquiry .., within is hours after a person is detained without an arrest warrant or if his continued detention is considered to be in the interests of Justice or security, the officer in charge of the police station   ...  must have him brought before a court or before the President with a report on the progress so far achieved in the inquiry.
(2)    The court or the President  ... may authorize the detention of a Person... for a Period not exceeding seven days or may order his release on bail.
Article 84:
The accused  shall  attend or shall he brought before the court  unfettered  ... the indictment shall  then be read and explained to bin and he shall be asked whether or  not he confesses to the crime or crimes or which he is accused.
Article 90:
If the accused confesses the court must record his confession as being the decision of the courtÖ  provided that,  if the crime  is punishable by execution the court must record a plea of innocence on his behalf.
Article 91:
If the accused refuses to answer the accusation or is unable to answer directly by virtue of a physical impediment, the court must record a plea of innocence to the accusation and shall not commence the proceedings unless it is satisfied that the accused is of sound mind.
Article 93:
When the plaintiff has presented his case the court may of its own accord or at the request or the  accused or his attorney rule that there is no case to be answered by the accused, in which case it shall pronounce him Innocent of the charge brought against him,
 
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Article 94:
If the court finds that there is a case against the accused it is obliged to inform him that he is not required to make any statement but that he has the right to rake statements. The court must then ask him whether he has any witnesses or other evidence upon which to hose his defence,
Article 96:
The accused or his  attorney may being his  defence with a specification of the circumstances or of the legal issues upon which he desires to base his case, and he may make whatever consents he finds necessary on the evidence of the prosecution.
Article 101:
If a verdict of guilty is returned, the accused is asked if he wishes to summon witnesses  to his rood conductÖ.      after these witnesses  if any have been heard he is asked if he desires  to make  any statements with a view to the mitigation of the penalty.
Article 112;
If a person is  accused of committing numerous  crimes of the same type or of c similar type. one and the same court nay indict him and try him for any number of these crimes   on condition that if the court should find. either before the trial or at any store before the pronouncement of the verdict    that the defence of the accused may be impaired or confused by reason of the above-mentioned procedure it may decide to conduct a separate trial on any single indictment or number of indictments, Just as it any do so if it finds it preferable for any other reason.
Article 122:
Any attorney nay be present to act as defence counsel in any proceedings.
Article 123
(c)    In criminal cases the prosecution will be entrusted to   the complainant or his attorney   by declaration of the President or of the Director-General of the police end public security.
Article 124:
Every person arraigned before any criminal court has the right to appoint an attorney to conduct his  defence.
 
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Article  125:
and the provisions governing evidence arc an follows:
(3)    A witness may not give testimony on matters other than on those of which he has first-hard knowledge. Consequently he is not permitted to transmit the oral or written observations of others.
(4)     The court shall not  return a verdict of guilty on the basis of the testimony of children, or of minors or of an accomplice  in the commission of the crime unless such testimony is supported by independent evidence touching some essential aspect of the case and is not simply to the effect that the crime was committed but also to the effect that the accused committed it.
Article 123:
(l)     In  the presentation of evidence, no confession made by the accused will be  admitted  if  it appears to the court to have been obtained as a result of inducements, threats or promises made by a person in authority in connexion with the  charge against the accused.
(3)    In the presentation of evidence   no confession made to a police officer win be admitted.
(4)    In the presentation of evidence, no confession node by a person while in  the custody   of a police officer will be accepted Unless  it  is made in the presence  and in the proximity of a Judge.
Article 132:
It  is  incumbent  upon the  court to prevent the addressing to witnesses of any expressions observations or gestures which may intimidate then-   and to prevent the posing of any  inappropriate or disturbing Questions,
Article 133:
In every  investigation or trial,  evidence must be heard  in the presence of the accused or of his  attorney,
Article  150:
No attempt shall be made, by way of promise threat or otherwise, to influence the accused in order to induce him to reveal or to refrain from revealing something that he knows,
Article, 155:
(?)    If the accused is in detention he must be brought to hear the verdict, and   if he  is not  in detention he must be requested to attend.
 
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Article 156:
If the decision or the verdict or the order is of such a nature as to allow an appeal, the court must  inform the person against whom it was issued that he has the right of appeal  and must also inform; him of the time-line within which the appeal should be lodged.
Article 158:
Any person 1 who is not satisfied with a preliminary or final decision, verdict or order issued by a court may submit  a petition of appeal against that decision, verdict or order,
Article 159:
The anneal of an accused person who has confessed to the  commission of a crime and who has been  found guilty on the basis of his confession will be accepted only  in respect of the extent or tie legality of the penalty.
Article 160:
(2)     If a person expresses his desire to appeal and has no attorney the clerk of the court must take steps to have the petition drawn up within the period prescribed in this article,
Article l6l:
If the appellant is in prison, he may...or request assistance from the prison warden  in drafting it.
Article  169:
(1)    If the accused has been sentenced to imprisonment, the court which issued the verdict must      issue an immediate commitment order and dispatch the commitment order and the convicted person to the police cells.
(2)    Every such order must be addressed to and lodged with the person in charge of the police cells.
 
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Article 177
His Highness the Ruler nay at any time grant an absolute or conditional pardon to any convicted person.
Article 176
If a person is  sentenced on account of a crime, His Highness the Ruler may at any time, unconditionally or on the basic of conditions accepted by the convicted person suspend the sentence or commute in whole or in part the penalty passed  in sentence upon that person,
Article 179
His Highness the Ruler may, without  the approval of the person upon whom sentence has been passed , commute the death penalty to any other penalty allowed by law,  or may commute  imprisonment to a fine.
Article 181.
1.       If,   in the course of any investigation or trial,  it is  found that there is any reason to believe that the accused is Dentally deficient and consequently unable to defend himself,  the investigation or trial must be postponed.     It is also incumbent upon the court to order that the accused be examined by one or core Government physicians who should submit their report concerning his Dental condition to the court.
2.       If the mental deficiency of the accused is established,  the investigation or trial cu3t be postponed once again until such time as the accused shall have recovered to an extent sufficient to allow him to defend himself.    The State has prepared a new draft of the Code of Criminal Procedure which contains the following provisions;
Art.    The Office of the Public Prosecutor shall be solely responsible for instituting criminal proceedings in respect of felonies and misdemeanours and such proceedings shall not be instituted by other bodies except in circumstances prescribed by law.     Criminal proceedings may not be abandoned, interrupted or deferred except in circumstances prescribed by law.
Art.    The Public Prosecutor, in person or through a member of his staff,
shall initiate criminal proceedings, as prescribed by law, and others may undertake the task of public prosecution in accordance with the law.
Art.   Criminal proceedings shall be terminated by the death of the
accused, the lapse of the specified period, the issuing of a final verdict, general amnesty,  waiver of rights by persons entitled to make such waiver and on other grounds prescribed by law.
 
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Art.    Any person who suffers direct Ions as the result of a criminal net
shall have the right to claim civil damages from the accused while evidence   in being gathered, during the course of the investigation or from the  court before which the criminal proceedings are being conducted, at whatever stage of development they may be, until the decision is taken to terminate the pleading. Such claims  shall not be entertained by the court of appeal.
Art.      Civil proceedings for compensation for damages shall be brought
against the person accused of the crime  ...  civil proceedings may also be brought against the person answerable for civil matters arising out of the act of the accused.
Art. Civil proceedings for compensation for damages resulting from a criminal act may be brought by the insurer before the court which is hearing the criminal proceedings.
Art.        If the plaintiff in a civil suit abandons an action before the civil courts he may plead his ca3e before the civil courts.
Art.  The plaintiff in a civil suit may be sued by the accused in a criminal court  for compensation for damages suffered by him by reason of the civil proceedings brought against him if there  is Just cause therefor.
Art.    Law enforcement officials shall undertake the investigation of
crimes,   the  search for their perpetrators and the collection of such evidence as is necessary to advance the  investigation and the conduct of the proceedings.
Art.      Law enforcement officials in their various spheres of competence arc:
(a)    Members of the Public Prosecutor's Office.
(b)    Officers, non-commissioned officers and members of the public  security forces.
, Art, 1.    Law enforcement officials must take cognizance of notifications and complaints lodged with them in connexion with crimes and they must inform the public prosecutor's office at once of those felonies and misdemeanours which carry a penalty of more than three months'   imprisonment.
2.       It  is  incumbent upon them and upon their subordinates to obtain all the clarifications needed to facilitate the investigation of incidents  which are brought to their attention or of which they have knowledge by whatever means, and they must take all the precautionary measures needed to preserve criminal evidence.
3.     All measures taken by law enforcement officials must be recorded in official reports signed by them and specifying the time and place at which such measures were token.     Such reports must also include the signatures of those witnesses and experts who have been heard.    The reports  should be sent  to the public prosecutor's office together with the documents and other impounded items.
Art.     All those having knowledge of the occurrence of a crime  ... must
inform the office of the public prosecutor or a law enforcement official.

 
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Art,     .All civil servants and all persons employed in the public service
who,  in the course of or as a result of the discharge of their functions come to know of the commission of a crime  ... are obliged to immediately inform the office of the public prosecutor or the nearest low enforcement official,
Anyone who,  by virtue of his occupation, renders assistance  in circumstances which appear to indicate the occurrence of a crime must submit a report thereon to the office of the public prosecutor or to a law enforcement official within 24 hours of rendering such assistance.
Art. The law enforcement official oust listen to the statements of the
accused immediately after the latter is arrested and brought before him and if the accused person does not establish him innocence he must cent him within a period of 24 hours to the office of the public prosecutor,
The public prosecutor Bust interrogate him within a period of 24 hours and then either order him to be detained pending trial or release him with or without bail.
Art.     No  person may be arrested or detained except by order of the
competent authorities designated by low.    Every person arrested shall be informed of the charge made against him, shall be entitled to communicate with whatever relatives he sees fit in order to inform them of what has happened. and shall have the right to avail himself of the services of a lawyer.
Art,       Ho person may be detained other than in the prisons specifically designated for that purpose.  The prison warden shall not admit any person into the prison except in accordance with an order signed by the competent authorities and he shall  not prolong his stay after the  period specified in that order.
Art. The President of the Supreme Civil Court of Appeal and of the
Supreme Civil Court. the supervising Judges and the members of the Public Prosecutor's Office shall have the right, at any time, to visit the prisons in order to ascertain that no detainee is being held in on illegal manner.     They shall have the right to examine the registers of the prison, together with the arrest and detention warrants, to make photocopies of them, to enter into contact with any detainee and to listen to any complaint that he wishes to make to them. The prison warden must render them every assistance in obtaining the information which they require.
Art.     Every detainee shall have the right, at any time, to submit to the prison warden an oral or a written complaint and to request him to transmit it to the President of the Supreme Civil Court of Appeal, to the President of the Supreme Civil  Court or to a supervising Judge or to the public prosecutor, and the warden must  receive such complaints and transmit them immediately to the person or persons to whom they are addressed after recording them in the register maintained in the prison for that purpose.
 
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Any person who knows of a prisoner being held  in an  illegal cornier or in a place not designated for detention must inform a supervising Judge or a member of the Public Prosecutor's Office. each of whom must go immediately following such notification to the place in which the prisoner is  to be found, suet carry out an investigation, oust order the release of the illegally detained person and must draw up a report to that effect to be sent to the public prosecutor so that legal steps can be taken against the person responsible for the prisoner's detention,
If an order is issued to file the complaint,  this must be communicated to the complainant.
Art,     The public security forces shall not be permitted to enter any
inhibited premises except in circumstances prescribed by law ...
Art- Searches shall be conducted in the presence of the accused or his
representative wherever possible, otherwise they shall take place in the presence of two witnesses ... and this shall be entered in the report.
Art.       Every    accused person may plead that a search is invalid on the
grounds of its not    having token place in the manner prescribed by law, even if such
a   search does not    involve his person or his residence, whenever it is in his
interest to do so.
Art. __ Impounded items shall be described and shown to the accused who shall be asked to comment on them, which comments  shall be entered in a  report signed by the accused or recording his refusal to sign.
Art.       The Public Prosecutor's Office shall be obligated to conduct an investigation in the case of felonies and may do so in the case of misdemeanours if appropriate.
Art.  Investigation procedures and the results which they disclose shall be considered confidential and the members of the Office of the Public Prosecutor and their assistants,  clerks,  experts and others connected with or present at the investigation, in an official or professional capacity must not breach this confidentiality.
Art. The accused ... cay be present at all stages of the investigation. Litigants  shall always have the  right to be accompanied by their attorneys at the  investigation.
Art.      Residences shall not be searched except when a person living in the
residence to be searched is accused of committing or participating in the commission of a crime.
Art.      The search shall take place  in the presence of the accused or of
his representative whenever possible. If the search takes place in a residence other than that of the accused, the householder shall be invited to be present, in person or through the intermediary of a representative, whenever possible.
 
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Art. _ Public prosecutor may seize any letters, correspondence, newspapers, printed matter and packages at port offices and may impound any telegrams at telegraph offices.   They may tap wireless and telephone conversations And record conversations which take place  in private   
Before taking any of the above-mentioned steps and before searching a person other than the accused or a residence other than the residence of the accused,  permission must be obtained from a Judge of a lower court.
Art.    The ascendants and descendants of the accuse his  relatives by
blood and marriage to the second degree and his wife, even after the dissolution of the bonds of matrimony, may refuse to testify against him.
Art.     An expert witness must take an oath before a center of the Office
of the Public Prosecutor to the effect that he will carry cut his  task truthfully and honestly.
Art  Litigants may avail themselves of the cervices of an expert consultant  .
Art Litigants may refuse  the  services of an expert witness  
Art.   When the accused appears before him  for the first time  in an investigation, a amber of the Public Prosecutor's Office must record all of his personal particulars,  inform him fully of the charge made against him and enter in the  report whatever statements he may make with reference thereto.
Art. Except in cases of flagrante delicto or where speed is of the essence to avoid loss of evidence  a member of the Public Prosecutor's Office must not,  in the  case of felonies,   interrogate the suspect or confront him nth other  suspects or witnesses before  inviting his lawyer,  if any,  to be present   ...
Art.     The suspect's lawyer oust be given the opportunity to study his
brief at  least one day before the  interrogation or confrontation  
The suspect and his attending lawyer must not under any circumstances, be separated during the investigation.
Art.   A member of the Public  Prosecutor's Office must  interrogate an apprehended suspect immediately  
Art.  Is it becomes clear from the interrogation of the suspect, or from the fact of the suspect having fled, that there is sufficient evidence and that the incident constitutes a felony or a misdemeanour punishable by imprisonment for a period of more than three months,  a member of the Public Prosecutor's Office may order the suspect  to be remanded in custody.
Art.   Arrest warrants,   summonses and commitment orders,  cannot    be executed after a lapse of six months from the date of their issue unless they ore revalidated by a member of the Public Prosecutor's Office.
 
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Art.     The prison warden must not permit any official who is not authorized to conduct  a search of the prison to enter into contact with a detainee in the prison except with the written Permission of the Office of the Public Prosecutor
Art.   The commitment  order shall be  valid  only for a  period of seven days following the arrest of the accused ... and if the prosecution wishes to prolong the period of detention     the documents must be submitted to a Judge of, lower court so that he can issue   ,he appropriate order after hearing the statements of the  Public Prosecutor's Office Gad of the accused.
Art.  The plaintiff in   a civil  suit who has suffered direct  personal injury as the  result of a misdemeanour may bring a criminal  suit  requiring the accused to present himself immediately before the competent court  . ..    
Art.    A lawyer must attend with every person accused of a  felony and the
lawyer appointed must   then,  if the court ascertains ...  it must appoint a lawyer for him;
Art.  Litigants shall he entitled to examine   the documents   in a case  simply by announcing their presence  before the court.
Art.    The accused shall attend the session without handcuffs or fitters ... And he may not be removed from the hearing while the case  is being heard
Art  At the hearing, the examination shall begin with the calling of the litigants and the witnesses     The accused shall  be  asked his name   and  the charge against him shall be read out  ...
The accused shall then be asked whether he confesses to having committed the act with which he is charged;  if he acknowledges  it     and  if not,  the testimony of the witnesses for the prosecution shall be heard.     Questions shall be asked by ...  then by the accused, then by the person responsible ;or the civil rights of the accused,
Art.       After the testimony of the witnesses for the prosecution has been heard, the witnesses for the defence shall be called and they shall be asked first of all concerning their knowledge of the accused  ..
Art.  The accused shall not be cross-examined without his consent.
If,  during the course of the pleading and courier-argument,  points arise which seem to demand clarification on the part of the  accused in order to bring the truth to light, the Judge shall  draw the attention of the accused thereto and shall allow the latter to provide such clarifications.
Art.        After testimony has been heard   members of the Public Prosecutor's
Office,  the accused and the other litigants in the case shall be allowed to speak provided  that the accused is the last to do so
 
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Art.      If circumstance;- call  for an examination of the dental or psychological state of the accused, the Judge of a lower court may  if the accused has  been  remanded in custody, order  him to be placed under observation in an appropriate therapeutic  institution ...  after hearing the  statements of the Public  Prosecutor's Office  and of the attorney  for the accused.
If the accused has  not been  remanded  in custody,  he may be ordered to be placed under observation  in any other place.
Art. If it  is ascertained that  the accused is not capable of defending
himself! by reason of insanity or Dental deficiency or because of serious mental or psychological debilitation setting in after the occurrence of the crime, his arraignment or trial  shall  be suspended until he  recovers his mental  faculties.
Art.   The court shall not be bound by that  is entered  in the record of
evidence gathered  in the case or in the record of the preliminary inquiry except where the law stipulates to the contrary.
Art.    The Judge shall  reach a verdict  in the case in accordance with
conviction  finely arrived at  and he shall  not, moreover, base his  verdict on any evidence which has not been laid before bin at the hearing  nor upon any evidence obtained as a result of threats or compulsion.
Art.   A procedure shall be null   and void if the  law explicitly stipulates
its   invalidity, or if it is  vitiated in such a manner that  the objectives envisaged in the  procedure cannot be realized.
Art.  If the issue of invalidity  pertains to the general  rules of procedure  it may be used as a basis  for arguments at  whatever stage the case has reached and the court shall  rule accordingly even without being requested to do so,
Art.      In circumstances other than those in which the question of
invalidity pertains to the rules of general procedure, only the litigant in whose interest  the enactment was made may adduce it as  an argument.  unless he himself brought  it about,     The question of invalidity lapses  if he in whose interest the enactment  was made valves consideration of it  cither explicitly or implicitly.
A Judgement of invalidity shall not be pronounced,  even if stipulated,  if it is established that the objective has been achieved in the  form and the manner required.
Art.  The objection of the accused shall be entertained with respect to Judgements  in  absentia.
Art.  In no   circumstances  shall harm befall  a person  by  reason of an objection raised by him,
Art.  _ Both the accused and the Office of the Public Prosecutor may appeal Judgements  rendered  in a case by courts of the  first   instance.
 
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Art.  If the appeal is lodged by other than the Office of the Public Prosecutor, then the court must cither confirm the verdict or amend it to the advantage of the appellant.
Art.   Final verdicts promulgating penalties shall be subject to review upon request...
Art.   The implementation of penalties end precautionary measures shall take place under the supervision of a Judge responsible for the enforcement of Penalties...
Art.  If the convicted person is a woman in the sixth month of pregnancy, implementation of the sentence may be postponed until 40 days after she gives birth.
Art.  If the convicted person is afflicted by an illness which either in itself or by reason of the  implementation of the sentence,  threatens his life, execution of the penalty may be postponed,
Art.  If a man and his wife are both convictedÖ   the implementation of the penalty imposed on one of them may be postponed until  after the other  is released if they have in their care a child under the age of 15
Art.        Every person convicted of a felony or a misdemeanour may have access
to rehabilitation.
Art.    Rehabilitation shall  result  in the expunction of the conviction with
regard to the future and the nullification of all  that   it  entails by way of disqualification,  loss of rights and all other penal  consequences.
The Penal  Code promulgated on 30 March  1976
Article 1.    The law in force at the time of the commission of a crime shall be applied ... on the understanding that if one or more laws are promulgated after the occurrence of the crime and before a final Judgement is rendered with respect to it, that law shall be applied which is to the best advantage of the accused, just as those of their provisions which are most in his interest shall be applied to him, if such distinction is possible.
If, after a final Judgement is rendered a law is promulgated under which the act for which the accused was convicted becomes non-punishable, the execution of the Judgment shall be suspended and the penal consequences shall cease to have effect.
If the new law has the effect of mitigating the penalty, the court which rendered the final Judgement may apply the provisions of the new law at the request of the convicted person or of the Office of the Public Prosecutor.
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Article 11.  -  If an action  is brought in connexion with a crime which occurred outside the country, the Judge shall deduct from the penalty which he imposes whatever penalty or period of remand in custody the convicted person has sustained abroad.
Article 15.   An act occurring in the  fulfilment of an obligation enjoined by law shall  not constitute a crime.
Article 16.       An met occurring in the exercise of a right established by law or custom shall not constitute a crime.
Article 17.   A situation of legitimate self-defence shall be deeded to exist if the  following conditions arc net:
1.      If the person defending himself was faced with danger as a result of a crime against life or property or believed on rational grounds that  such a danger existed.
If it was not possible for him to have recourse to the public authorities  to protect himself against this danger at the time in question.     Such a Situation shall  be deemed to exist  irrespective of whether the danger was directed against  the;  life or property of the person defending himself, or against the life or property of a third party.
Article  18.  - A person exercising the right of legitimate self-defence nay fend off the danger in whatever way and with whatever means necessary to repulse it.
Article 19.  -  If a law enforcement official  exceeds the limits of his authority  in the course of the exercise of his  functions,  thereby giving rise to a danger .Justifying legitimate self defence,  that danger cay not be repulsed except where the public official acts with malicious intent, or where it is feared that  his act night give rise to a crave  danger to life.
Article 20. - Murder in defence of life or property shall not be permitted except in the following circumstances;
1.    An act giving rise to fear of death or grievous bodily harm.
2.    Rape, sexual assault or infringement of liberty.
3.      Arson, malicious destruction or theft.
4.        Illegal entry by night into an inhabited dwelling or its appurtenances.
Article 1.  - Exceeding the bounds of legality with the beat of intentions shall be considered a mitigating circumstance.
A verdict of exoneration ray be returned if the Judge finds, this appropriate.
 
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Article 28.  If the criminal is unaware of the existence of ft circumstance aggravating the punishment, he shall not be answerable for such unless the law stipulates to the contrary, but he shall be allowed to profit from factors which preclude the imposition of the penalty and likewise from mitigating circumstances, even if he is unaware of then.
Article 31. - A person who unknowingly or involuntarily commits an act constituting a crime shall not be held responsible.
Article 33.  ñ If, at the time of the commission of a crime-  the person was in a state of diminished consciousness or diminished responsibility by reason of illness, be shall be sentenced to a reduced penalty or committed to a therapeutic institution!
Article 34.  A person who at the time an net was committed was unconscious due to intoxication or narcotization as a result of intoxicating or narcotic substances administered to him forcibly or which he himself took unknowingly, shall not be held responsible.
Article 35.  A person who commits an act to which he is constrained by the need to protect his life or the life of a third party, or his property or the property of a third party, from Brave imminent dancer not intentionally caused by him and which he is unable to avert by any other means   shall not be held responsible  provided that the net is commensurate with the dancer which  it  is intended to avert.
A person who is obliged by law to confront such danger shall not be considered to be in a state of constraint.
Article 55.      Every person sentenced to a penalty depriving him of his freedom shall be required   while in prison, to perform work prescribed by law with due regard for his circumstances and with a view to his reform and social rehabilitation.
Article 60. - If the condemned person is a civil servant or is employed in the public service, his loss of the rights to hold public office shall entail his dismissal there from.
Article 70.   Subject to the conditions prescribed by law, the young ace of an accused person between 15 and 13 years of age and the commission of a crime for honorable motives or objectives, or as a result of extreme and unjustified provocation on the part of the victim, shall also be considered as extenuating circumstances.
Article 71.  -  If an extenuating circumstance is present in the case of a felony punishable by death, the penalty shall be commuted into imprisonment for a limited period, or into detention for a period of at least one year. If the penalty for a felony is imprisonment for life or for a limited period, it shall be commuted into the penalty for a misdemeanour.
 
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Article 72 - If a felony involves a circumstance which, in the opinion of the Judge, warrants leniency towards the accused, the penalty oust be commuted.
Articles 73.  74 stipulate the commutation of penalties in respect of misdemeanour involving mitigating or extenuating circumstances.
Article 75. - The following shall be considered aggravating circumstances;
1.    The commission of a crime by taking, advantage of the  inability of the victim to offer  resistance and in circumstances where there is no possibility for others to come to his defence.
2.    The use  of brutal methods  in the commission of a crime, or the mutilation of the victim.
3.  The commission of a crime by a civil  servant  in the course of  by reason of or on the occasion of the exercise of his functions, unless the law stipulates a special penalty by virtue of his official capacity-Article 07  Any civil servant or person employed in the public service who knowingly searches a person,  his dwelling or his place of business without his consent or in circumstances other than those prescribed by law and without regard for the conditions stipulated by law shall be punished by detention,
Article 207.  Any civil servant who  in person or through the  intermediary of others,  uses torture,  force or intimidation against a  suspect, a witness or an expert in order to induce him to confess to a crime, to make statements or to give information  in connexion therewith,  shall be punished by imprisonment.
If the use of torture or force results in death, the penalty shall be  life imprisonment.
Article 209.  Any civil servant who inflicts or orders to be inflicted upon a convicted person a penalty pore severe than that prescribed by law, or a penalty which has not been imposed upon him, shall be punished by detention.
Article 210. Any civil  servant  involved in the administration or supervision of a prison who accepts the commitment of a person into the prison without an order from the competent authority, or who prolongs his incarceration after the period stipulated in that order or fails to implement the order for his release,  shall be punished by detention for a period of not less than one and not more than five years.
Article 237  anyone who, in person or through the intermediary of others, uses  torture,  force or  intimidation    against a suspect,  a witness or on expert  in order to induce him to confess to a crime,  to make statements or   to give information in connexion therewith shall be punished by detention.
The penalty shall be detention for a term of not less than six months if the torture or force results in actual bodily harm.
 
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The penalty shall be imprisonment if the use of torture or force results in death.
Article 357. - Whoever seizes a person, or places him under restraint or deprives him of his freedom by whatever Deans without legal sanction shall be punished by detention.
The penalty shall  be imprisonment  in the  following circumstances;
2.       If the act is accompanied by the use of force,  by the  threat of death or grievous bodily harm or by acts of physical or mental torture.
3.        If the act  is committed by two or more persons or by one  person armed with a weapon
5.     If the aim of the act is personal gain, revenge, rape or sexual assault upon the victim.
6.      If the act is committed against a civil servant in the course of, or by reason of, or on the occasion of the exercise of his functions,
Article 358. - Whoever, whether in person or through the intermediary of another, abducts a person shall be punished by imprisonment  for a period not exceeding 10 years.    The penalty shall be imprisonment if the victim is a female.
If the abduction takes place by ruse or is accompanied by one of the circumstances  set out  in the preceding article,  this  shall be considered on aggravating circumstance.
Article 359. - If the crime specified in the two preceding articles results in the death of the victim,  the penalty shall  be death or life  imprisonment.
In addition to the  foregoing,   there are  also articles which proscribe and punish:
The setting of a fire likely to endanger life or property (art. 277).
The intentional use or attempted use of explosives in a manner likely to endanger life and property (arts.  280, 281).
Sabotage of a ship or an aircraft or any other means of public transportation (art. 282).
Exposing the lives or well-being of the public to danger by placing substances, bacteria or other materials causing death or grave damage to public health in a well or reservoir or in any other facility destined for the use of the public  (art. 209).
Refusal or reluctance to offer assistance at the site of a drowning or a  fire
or of any other catastrophe (art. 304), end refusal or negligence in going to the aid of the victim of an accident or of a crime (art, 305).
Murder (art,   333).  physical violence leading to death  (art-   336),  the causing of permanent  disablement  (arts.   337,   338),  and assault  (arts.   339   340),
 
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The Prisons Act promulgated OP 22 October 1961.
Article 3.  - A prisoner shall not be admitted into a prison except on the basic of a writ  issued by a court or some other competent authority.     If the authority  issuing the sentence or the writ has laid down or attached special conditions having reference to any matter concerning the term of the sentence, treatment,  food,  clothing, medical care, medication, the use of tobacco or narcotics or the hours and nature of work,  these conditions must be strictly adhered to.
Article 10. - Within the shortest possible time after the admission of the prisoner into the prison he shall be medically examined by a police surgeon  ...  and if the police surgeon prescribes Dedication or orders the adoption and following of a particular course of treatment the prison guard must ensure that the orders of the police surgeon are implemented  and if the prisoner is found to be suffering from a mental illness  the police surgeon must make the necessary arrangements  for the transfer of the prisoner to the mental hospital for further examination.
If a prisoner complains of the state of his health or if a prison official knows that a prisoner is  ill and  in need of medical attention, the prison warden must make arrangements  for a police surgeon to be called to examine the prisoner within the shortest possible time.    If it is decided to transfer the prisoner to a hospital for treatment he must be taken there without delay.
The police surgeon must conduct a health inspection of the prisons and of the prisoners  twice a month.
Article 11.  - If it appears that the death of a prisoner was brought about by violence, accident or suicide, the President of the Courts of Justice must be informed so that he can appoint a Judge to carry out an immediate inquiry      the next of kin of the deceased shall be informed of the inquiry and cay attend  it in person or through the intermediary of a legal representative.
Article 14.  - Sleeping accommodation intended for prisoners must meet public health standards with respect to size, lighting and ventilation.
In warm weather the prison warden cay permit all or certain categories of prisoners to sleep outside their cells,
Article 17.  - Prisoners must bathe at least once a day during the period from the beginning of October to the end of April and twice a day during the period from the beginning of May to the end of September.    The orders of the prison warden must be  followed with regard to the shaving of the prisoners and the cutting of their hair,  and he must take into consideration religious convictions, customs  and special needs.
Article 18 - Food served to prisoners must be nutritious sustaining varied, well-cooked and prepared and sufficient for the maintenance of perfect health and strength.
 
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The State has  prepared a new draft  prisons act which contains  the  following provisions:
Article 8.  - The prison warden shall be responsible for the execution of the orders of investigators or of the court  .,,  and the prison warden must    enable those  upon whoa the  law confers the right to inspect the prison to carry out  their task.
Article 9.  - The prison warden must take steps  to ensure that  the prisoner nay
examine a copy of any Judgement or document  of which he  is notified in the prison and if the prisoner expresses a desire to send a copy of the notification to a designated person it must be sent to that person by  registered mail.
Any legal  petition or appeal which the prisoner wishes  to present through  the intermediary of the prison warden must  be sent  immediately to the competent authority at  the appointed time.
Article  13.  - The prison warden must  take cognizance of any  serious written or oral complaints   from prisoners,  and must  communicate them to the competent authority after entering then in the  register provided  for complaints.
Article 14.   - No person nay be committed to prison except  on the basis  of a written order  signed by the  legally competent authorities, and his  stay  there Dust not be prolonged beyond the period specified in that  order.
The child of a female prisoner nay be allowed to enter the  prison together with  its mother if it  is under five years  of age  and has no guardian,
Article 21-  -  Prisoners of both categories shall be divided  into groups according to age, previous convictions, types of critic, length of sentence similarity of social  and educational background and capacity  for reform-Article  22.  - Prisoners of the  first category shall  be   entitled to wear their own clothing and to have whatever  food they Day need brought  to then  from outside the prison-
Article 23.   -  Prisoners of the  first category may receive  visitors  and correspond with whenever they please . The lawyer of a person remanded in custody cay meet with him alone  provided that he receives  the written remission of the court or of the  investigating official, each in his own sphere of competence.
Article 24.   - Prisoners of the  first category shall  not  be put  to work unless they so desire  ...  and the  regulations shall  specify  the type of work which this category may undertake and  the remuneration which shall   accrue to then in  respect of their work.
Article 25-   -  From the beginning of her sixth month of pregnancy,  a  female prisoner shall  receive special medical Attention with regard to foot!, employment end sleep until  40 days after she has given birth.     All necessary medical  care must be provided  for the mother and her child.
 
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A reduction in the amount of food allotted to a pregnant woman or to a mother shall not be permissible for any reason until after her child is weaned.
Article 27.  The child of a female prisoner shall regain with her until it reaches the age of two, but if she does not with it to regain with her or when it reaches that age,  it shall be handed over to the  father or to whatever relative the mother may choose.    If the child has no father or relatives to care for it, it shall be sent to a child care institution and the mother shall be allowed to see it.
Article 28. - A prisoner of the second category shall be given arterial remuneration for his work in the prison ... and at least one half of his  total remuneration must be set  aside to be handed over to him at the time of his release.
Article 29. - A prisoner of the second category shall be entitled to correspond with his relatives and friends and to receive visitors ...
Article 30.  - The Director of Prisons nay permit the relatives of the prisoner to visit him at tines other than those stipulated in the regulations.
Article 32. - Every convicted person sentenced to a penalty restricting his freedom may be released on parole if three quarters of the term of imprisonment has elapsed and if his conduct during his sojourn in the prison has aroused confidence in his reform
Article 38.  - Upon his release every prisoner shall be given a document specifying his name the penalty to which he was  sentenced,  its duration, the date established for its expiry, the date of release on parole the conditions stipulated  for his release and the obligations imposed upon him.     It shall also be stated therein that any infraction of the conditions or obligations mentioned, or the occurrence of any act suggestive of misconduct shall entail the revocation of his release and his return to prison to serve the remaining portion of the penalty to which he was sentenced.
Article 43. - The Director of Prisons must inform the Ministry of Social Affairs and Labour of the pomes of convicted persons  at least two months before their release so that during this period, they can be socially rehabilitated and prepared for the outside environment through the provision of all the care and guidance necessary to then.
Article 54. - If a prisoner behaves in a reprehensible manner, the guard in question shall bring him before the prison warden  for an investigation of the infringement, and the notification and the results of the  investigation shall be entered in the register designated for that purpose.
Article 55 - The prisoner shall be informed of the infringement with which he is charged before the imposition of the penalty upon him, and he shall be entitled to defend himself and to request that witnesses be called.     His defence shall be thoroughly investigated.
Article 58 - Labour shall not be used as a form of disciplinary action.

 
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Article 61 - Disciplinary action shall not delay the release of the prisoner beyond the time fixed for his release.
Article 62.  - Food which in served to prisoners must he generally nourishing. varied, well prepared and sufficient  to maintain health and strength,
Article 64 1, The doctor shall care for the health of the prisoners and shall submit a monthly report to the Director or Prisons en their health and treatment, containing whatever suggestions he sees fit to make.
2.    The doctor shall visit the prison at least once a week and at those times when he is summoned to the prison to attend a patient or for any other reason.
3.    The doctor shall examine every prisoner on admission to the prison and immediately before his release and shall record any observations and suggestions concerning his state of health in the register maintained for that purpose,
Article 65  - If a prisoner dies, the doctor shall  examine the body and submit a report to the prison warden containing
Article 66. - If the doctor considers it necessary to conduct an autopsy on the prisoner in order to determine the cause of death, he shall submit a report to that effect to the Director of Prisons  
The autopsy shall take place in the presence of another doctor appointed by the Ministry of Health.
Article 68.   A.     If the doctor determines that the health of a prisoner has deteriorated to a dangerous extent, he shall submit a report  
B.    The report shall be sent to the Minister of Health so that a committee may be forced to examine the prisoner.    If the committee endorses the report of the doctor  it shall decree his release  for reasons of health and the decision shall be implemented after it is approved by the Minister of the Interior.
Article 69 - The administration of the prison shall educate the prisoners with due regard for their age aptitude and the term of the penalty and the Minister of the Interior in agreement with the Minister of Education shall draw up the programme of academic and vocational study  for the prisoners,
Article 70. - In every prison a library shall be set up containing books of a religious, scientific and ethical nature, and the prison administration shall encourage the prisoners to take advantage of them in their free time.   Prisoners may have books, newspapers and periodicals brought in at their own expense  ...
Article 71 - If a prisoner is enrolled in an educational institution, he must be  supplied with the text books which he needs to pursue his studies,
He may take examinations at the institution in which he is enrolled ,..
 
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Article 72 - The prison must have at its disposal one or more ministers of religion to exhort the prisoners to virtue and to urge them to observe religious duties,  as  it must also have one or more specialists in the social and psychological sciences ...
Article 75. - The Director of Prisons shall be entitled to inspect prisons at any time and    by prisoner shall be entitled to meet with him during the inspection and  to submit to him any complaints.     The Director shall investigate any serious complaints submitted to him and shall take measures to remedy their underlying causes
Article 76 - The Director of Prisons shall appoint talc and female inspectors to inspect the prisons, to verify the implementation of the law and the regulations and to ensure that standards of security, cleanliness and health arc complied with  
Article 77 - The Public Prosecutor and the Director and members of Criminal Investigation Department  shall be entitled to enter the prisons at  any time in order to ascertain that:
1.    The orders of the investigating officials and the decisions and Judgements of the court arc being implemented in the manner laid down therein.
2.    No person is  imprisoned without legal cause.
They must take cognizance of, and investigate the complaints of prisoners they must also investigate whatever seems to them to constitute an infringement.
Article 78. - Presidents and agents of the appeal courts and of the courts of first instance and investigating Judges shall be entitled to enter the prisons at any time.
It should be evident from the foregoing provisions that Bahrain is fervently dedicated to the dignity of the individual  to the betterment of his position in society and to respect for him rights in all their forms.    The State condemns all types of compulsion, torture, intimidation, coercion, molestation, abduction and infringement of liberties end impose appropriate penalties for these combining deterrence with the desire for rehabilitation and reform.    In addition to this, the State grants malefactors unimpeded rights to defend themselves and enables them to exercise these rights in a spirit of absolute commitment to human dignity and in such a way as to achieve absolute equity.
In these provisions Bahrain adheres strictly to the magnanimous teachings and precepts of Islam which are conducive to equality end fair treatment in the interests of Justice.
Question 2 and Question  3
Jurists and public security officers responsible for investigations and the pronouncements of verdicts study at law colleges and police colleges.    They are
 
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taught and ore fully aware of the basic legislative acts prohibiting torture and other cruel, inhuman or degrading treatment or punishment.   These legislative acts arc published and their details are known to everyone without exception.   Training courses are organized for other members of the public security forces who also receive instruction in these fundamental principles.    Furthermore, the standing regulations orders and instructions which are issued and communicated to everyone stipulate that every person must be    treated in a humane and dignified manner, forbid the use of violence, compulsion, threats and all forms of harsh, inhumane or degrading treatment and draw attention to the legislative acts under which such actions are punishable,   The case procedure is followed when new legislation is promulgated,
The State Civil Service Commission also issues standing instructions regarding the manner in which civil servants suet treat citizens and other persons and the best way to discharge their functions and to carry out the duties required of them by virtue of the nature of their positions in direct contact with the public.
Questions 4
The constitutional and legal provisions governing this matter have already been explained in our answer to the first question in which it was categorically stated that the accused is innocent until proved guilty, that he has the option as  to whether or not he wishes to cake statements, that he is not compelled to make any statement against his will and that he is not obliged to confess to ft crime.    An attorney appointed by hip or assigned by the court must be present in cases involving felonies.     He also has the right to appoint an attorney in cases involving a misdemeanor.    His confession to, or in the presence of, a police officer is not admitted as evidence.    He attends the trial proceedings unfettered, the charge is read and explained to him and he is asked whether he confesses to the crime or critics of which he  is accused.     If,  after the  investigation, the court believes that there is a case against the accused,  the court oust inform him that he has the right to make statements but he is not obliged to do so.    He is then asked whether he has any witnesses or other evidence on which to base his defence.    He is completely  free  to defend himself and,  if he is  found guilty, he is asked whether he wishes to summon witnesses to his good character and whether he wishes to make any statements to mitigate the penalty,     His confession is not admissible as evidence against him if it was node under duress, torture, threats or inducement and not of his own free will.    When passing sentence, the court must take account of extenuating and mitigating circumstances and cay decide to suspend the sentence.    If the convicted person is of good conduct, he is released before completing his sentence and he may also be released on medical grounds if he is sick.   During his imprisonment, he is treated in a humane manner conducive to the preservation of his dignity and he enjoys general rights.    He is allowed to receive visitors and to correspond with his family and in well treated from the medical, social and cultural points of view.     He is able to continue his studies and is remunerated  if he works in prison.    He is prepared for reintegration in public life after his release since the objective is not only deterrence but also correction, reform and rehabilitation so that he can lead an upright life based on religion and ethics.
These regulations are known to everyone and they are re-emphasized from time to time.    in the discharge of their functions, public officials are subject to strict supervision.

 
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Question.5.
In the reply to Question 1, we referred to the provisions of the Penal Code under which acts of torture are punishable.
Article 208:    Any public official who, in person or through on intermediary, uses torture, force or threats against an accused person, a witness or an expert in order to induce him to confess  to a crime, to   make statements or to provide information concerning such crime shall be punished by imprisonment.
If the use of torture or fore, results in death, the penalty shall be imprisonment for life,
Article 232:     Any person who,  in person or through an  intermediary, uses torture, force or threats against an accused person,  a witness or on expert  in order to induce him to confess to a crime, to make statements or to provide  information concerning such crime shall be punished by imprisonment.     If such torture or force affects the physical well-being of the person against whom it is used, the penalty shall be  imprisonment  for a period of not  less than  six months.
If the use of torture or  force leads to death, the penalty shall be imprisonment!
Reference has already been made to the articles which provide for penalties if  any  person   is   imprisoned  without   an  order   from   the   responsible   authority, arrested, detained or deprived of his liberty in on illegal scanner or kidnapped.
With regard to the question concerning participation in, complicity in, incitement to or the attempt to commit torture, we refer to the provisions  of the Penal  Code regarding these natters.
Criminal participation
Article 43     The perpetrator shall be considered  to be  the person who,  through his behaviour, brings into being the elements of a critic,
An instrumental perpetrator shall be a person who incites another person to commit a crime  for which the latter person is not held responsible.
Perpetrators shall  be considered to be persona who, with Joint  intent,  carry out acts which constitute ft crime or which directly result  in  its  commission.
Article 44    An accomplice in a crime shall be considered to be:
1.       Any person who incites another person to commit  a crime which takes Place as a result of much incitement,
2.    Any person who agrees with another person to commit  a crime which takes place as a result of such Agreement.
3.    Any person who, in any way, knowingly assists the perpetrator to commit a crime which takes place by virtue of such assistance.
 
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Article 45.    Any person who participates In a crime in the capacity of perpetrator or accomplice  shall be liable to the penalties  laid down for such crime, unless otherwise stipulated by lav.
Attempted crime
Article 36   An attempted crime shall be ft crime which does not    make place although the perpetrator with the intention of committing it, carries out in act- which is likely to lend directly to its commission.
The mere intention to commit a crime, acts in preparation therefore or an endeavour to commit the crime shall not constitute an attended crime.
Article  37.     Attempted crimes shall be punishable by the following penalties  unless otherwise stipulated by law:
Imprisonment for life if the crime carrier  the death penalty.
Imprisonment for a limited period if the crime is punishable by imprisonment for life-
If the crime is punishable by imprisonment for a limited period, the attempt to commit such a crime shall be punishable by imprisonment for a period not exceeding half the maximum period stipulated there for or by detention for a period of not less than three months.
Article  30.     An attempt to commit a misdemeanour shall  not  be punishable except  in cases stipulated by law.
Article 39    A person who voluntarily refrains from completing a crime the commission of which he has already begun shall  not  be  run-shed unless his behaviour constitutes  another punishable crime.
Article 40.    If all the acts aimed at the remission of the crime have taken place without achieving the intended result,  the perpetrator shall fee liable  to the penalty for the crime which he intended to commit.
Nevertheless, in such cases the Judge nay impose the penalties for attempted crime. The latter penalties must be imposed if the criminal, wilfully or through him own intervention, prevents the achievement of the result which he had intended,
Article  41     If the realization of the crime which the perpetrator  intended to commit is rendered impossible by virtue of the  inadequacy of the means or the absence of the object,  the penalties  for attempted crime must be  imposed.
Question 6 and Question 7
The Criminal Investigation Department, the Department of Public Prosecution, the Minister of the Interior and the Minister of Justice are the authorities competent to receive and examine complaints from alleged victims that torture or other cruel, inhuman or degrading treatment or punishment have been inflicted upon them by or at the instigation of public officials.
 
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The Minister of the Interior refers the complaint to the bodies concerned, the Minister of Justice refers the complaint to the competent examining Judge.
The purpose of the investigation conducted by the competent authorities  is to ascertain the nature  of the crime committed, the  identity of its perpetrators and the extent of the evidence in connexion therewith.
If,  in the opinion of those authorities,  the crime may be rightfully attributed to a particular person, the Department of Public Prosecution initiates criminal proceedings
As has already been explained in the replies to other questions, the competent court conducts a full investigation into the  incident  and bases its verdict on the investigations which it has conducted in  its capacity as the competent  investigating and sentencing authority.    The function of the authorities previously mentioned is to conduct inquiries,  to establish the occurrence of the crime and to collect evidence in connexion therewith,
The same procedures bay be  adopted,  even without the submission of a complaint, provided that the responsible persons, irrespective of the body to which they belong, are satisfied that a crime has taken place since the investigation and Judgement of this  type of crime does not require the  submission of a complaint by the victim,
In prison, the convicted person has the right to submit a complaint concerning any matter.     The complaint must be  investigated,  appropriate action must be taken in connexion therewith and the convicted person must  be informed of the result.
Prisons are liable to be inspected at  any time and without prior notice.     Any prisoner has the right to submit a complaint to the persons carrying out the inspection.
Question 8
The general rule  in  all crimes  is that the Department of Public Prosecution i3 responsible for bringing criminal  actions before the various courts  if  it  is satisfied that the occurrence of the act may be  imputed to a particular person and that there  is ample evidence against that  person.     When considering the case, the court conducts a full investigation into the matter on the basis of the evidence submitted by the Department of Public Prosecution.     If the court  finds  against the accused, the latter is pronounced guilty and sentenced  in accordance with the legal provisions applicable to the case  in the manner already indicated in the reply to Question 1.     The court has  the right to commute or suspend the sentence in accordance with the following provisions of the Penal Code.
Extenuating and mitigating circumstance:
Article 68. Extenuating circumstances Day cither mitigate or except from the penalty, Extenuating circumstances shall be admissible only under conditions prescribed by law.
 
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Article 69.    Extenuating circumstances which provide grounds for exception preclude the imposition of any primary or secondary penalty except confiscation.
Article 70.     Subject to the conditions  prescribed by law mitigating circumstances include the fact that the accused person is a minor over the age of 15 but under the age of 18 years and that the crime was committed for honorable motives or purposes or  as a result of serious and unwarranted provocation on the part of the victim
Article 71.     If there are mitigating circumstances  in a  felony which carries the death penalty, the penalty shall  be commuted to imprisonment  for a limited period or to detention for a period of at least one year, If the penalty is imprisonment for life or  for a limited period,  it shall be commuted into the penalty  for a misdemeanour unless otherwise specified by lav.
Article 72.    If the felony involves circumstances which, in the opinion of the Judge, call for leniency in favour of the accused, the penalty must be commuted,    If the felony carries the death penalty, this penalty may be commuted into imprisonment for life or for a limited period and, if the penalty is  imprisonment  for life,  it may be commuted into imprisonment for a limited period or to detention for a period of not less  than six months.     If the penalty  is  imprisonment   for a limited period, the Judge shall  not impose the maximum penalty and cay commute it  into detention for a period of not less than three months.
Article 73.     If there are mitigating circumstances  in a misdemeanor, the penalty shall be commuted as follows:
If there is a minimum penalty,  the Judge shall  not be bound by it when passing sentence.
If the penalty is detention together with a fine,  the Judge  shall  impose only one of these penalties,
If the penalty is detention for a period of time  for which  a minimum in  not specified, the Judge may impose a fine  instead of detention-Article  74-.     If there are mitigating circumstances  in a case involving a misdemeanor, the Judge may apply the provisions of the previous article.
Suspended  sentences
Article 8l,     In criminal cases, when  imposing a fine or sentencing the accused  to detention  for a period not exceeding one year,  the Judge any order the sentence to be  suspended if he is  satisfied that the moral character of the convicted person,  his past  record,  the circumstances of his crime or his age give cause to believe  that he will not commit another crime.     The reasons  for the  suspension of sentence must be recorded in the Judgement.
The Judge may order the suspension of sentence to include any secondary penalty except confiscation,
 
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Article 82.    When suspending the sentence, the Judge may order the convicted person to pay oil or part of the stipulated compensation, within the period specified in the Judgement, to the person who suffered injury as a result of the crime.
Article 83.     Penalties shall be suspended for a period of three years  from the date on which the Judgement becomes final.
Article 84    The suspension may be revoked in any of the following cases:
1.    If the convicted person does not fulfil his obligation as stipulated in article 82.
2.    If  during the period of probation specified in the previous article, the convicted person commits an intentional crime for which he is sentenced to deprivation of liberty for core than two months irrespective of whether he is convicted during the said period or after its expiry provided that the proceedings are initiated during the said period.
3.    If during the period of probation, a sentence is passed in accordance with the provisions of the previous paragraph without the knowledge of the court.
The decision to revoke the suspension is taken, at the request of the Public Prosecutor, by the court which ordered the suspension or by the court before which the grounds for revocation arc established, without prejudice to spheres of Judicial competence.
In addition to the above, there is also the system of pardon the provisions of which are laid down in the Constitution and in the Penal Code.
Pardon in the Constitution
Article 41.     The Amir may,  by decree,  grant a pardon or commute a sentence. However, amnesty shall  not be granted except by law and then only in respect of offences committed prior to the proposal of the amnesty.
In the Penal Code the provisions concerning pardon arc as  follows;
Article 89.     Amnesty shell be granted under the terms of a legislative act and shall have the effect of terminating proceedings or abolishing convictions pronounced in  such proceedings,     It shall not affect penalties which have already been executed,
Amnesties shall not affect the rights of third parties.
Article 90.     Pardons  shall be granted by decree of the Amir of the country and shall have  the effect of cancelling all or part of the penalty or confuting it into a legally less severe penalty.
Unless otherwise stipulated  in the decree, such pardons shall not result in the cancellation of secondary penalties or legal effects.
 
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Article 9X.     Cancellation of a penalty by a pardon shall be regarded as equivalent to the execution of such penalties
These rules apply to ell crimes without exception,
Furthermore, reference has already been node to the provisions of the Prisons Act concerning release of the convicted person before completion of his sentence. Under article 24 of this Act:
A prisoner who is serving a single sentence or several consecutive sentences of imprisonment for a period exceeding six months may by virtue of his good conduct and diligence while in prison, be entitled to release after serving all but one sixth of the total period or periods to which he was sentenced.
If he believes that there are special reasons which justify such action, the Chief of Police may recommend that His Highness the Ruler grant the prisoner a further reduction not exceeding 30 days of his sentence.
Under the new draft legislation the prisoner is released after serving three quarters of his sentence and may also be released on medical grounds if his continued detention would endanger his life.
Although the Department of Public Prosecution is the authority responsible for bringing criminal actions before the   various courts, article 123 of the Code of Criminal Procedure allows the following other persons to bring actions before the courts;
1.    The complainant or his attorney with the approval of the President  of the Bahraini  Courts of Justice  (the Minister of Justice) or of the over-oil head of the police and public security  (the Minister of the Interior).
2.    Any person employed by the Government or by a local  authority,  in connexion with any case or type of cases in which such person is authorized to bring actions by the President of the Bahrainian Courts of Justice  (the Minister of Justice) or under the terms of any legislative act in force at the time.
Under the  new draft legislation, any person who has suffered direct injury as a result of a misdemeanor may bring an action directly before the competent court,
Question 9
Articles 49 and 50 of the Penal Code stipulate the penalty of loss of civil rights  for a period of from 3 to 15 years  in the case of felonies and from one to three years in the case of misdemeanors.
Article 53 of the  Penal Code defines loss of civil rights as depriving the convicted person of all or some of the  following rights  and privileges:
1.       The right to hold public office and be employed in the  public service.
2-       The right to elect or be elected  to public councils,
 
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3.      The right to elect or be elected to professional and trade union associations.
4.       The ability to be a director or a member of the board of directors of a Joint-stock company.
5.    The ability to be an expert witness,
6.    The ability to be a director or a publisher of a newspaper.
7.    The ability to be the principal of a school or scientific institute,
8.    The right  to wear national or foreign medals.
Article 59 stipulates that:
A sentence of imprisonment  shall result  in loss of all rights and privileges specified in article 53 from the date of Sentencing until the  sentence  is completed
or otherwise terminated.

Article 60 stipulates that:
If the convicted person is a public official or a civil servant his loss of the right to hold public office shall entail his dismissal there from
Under article 6l, if the accused is found guilty of a felony, the Judge must order the convicted person to be stripped of one or more rights or privileges specified in article 53 for a period of not less than one year and not more than 10 years with effect from the date on which the penalty is executed or otherwise terminated.
If the penalty imposed is detention, the loss of civil rights  shall apply during the entire period which  the convicted person  spends in prison.
Under the terms of article 62,  if a public official  is sentences to detention for a crime in which  it is stipulated that the perpetrator must be a public official, an order dust be issued  for his dismissal  for a period of not less than one year and not more than three years.
Under the terms of article 63 if the accused  is  found guilty of a misdemeanor for which the law stipulates the penalty of loss of  civil rights.  the Judge must deprive the convicted person of a right or privilege specified in article 53 with effect from the date of sentencing and for a period  of not less than one year and not core than three years after the penalty is executed or otherwise terminated, unless otherwise stipulated,
The limits laid down in the previous paragraph apply to cases in which the law stipulates the penalty of dismissal for misdemeanors,
These provisions cover all the points included in Question 9.
 
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Question 10
The  reply to Questions 3 and  9 also answers Question 20.
Question 11
Since the adoption of the Declaration, no investigations have been carried out in the State of Bahrain and no proceedings have been instituted in connexion with allegations of torture or other forms of cruel , inhuman or degrading treatment or punishment
Question 13
Yes.    The law does ensure redress and compensation to the victim of acts of torture or other cruel,  inhuman or degrading treatment or punishment.
Article 3 of the Civil Code promulgated on 1 March 1970 stipulates  that any person who suffers  injury or  loss as a result of a civil offence committed  in Bahrain shall be entitled  to redress  in accordance with  the Code  from the perpetrator or the  person responsible  for the offence.
Article 2 defines injury as  "illegal  infringement of a local  right".     It defines damage as  "death, deprivation or loss affecting property,  peace of mind, health or reputation or other similar deprivation or loss",    It defines material damage as "any loss or actual expense the value of which can be estimated in cash and the details of which can be explained".
Article 10 stipulates that,  if two or both persons are Jointly responsible  for an act under the provisions of this Code and  if that act constitutes a civil offence,   those persons  shall be held Jointly liable  for that act  and proceedings may be instituted against them cither Jointly or separately.
In this connexion, the Code specifies the following civil offences:
Article 24.    Aggression is the intentional use of any kind of force against another person  irrespective of whether this  is done by means of striking  touching, movement or  in any other way whatsoever, directly or  indirectly, without  the consent of the victim of the aggression or with his consent  if such consent was obtained through deception and trickery, or the attempted use of such force or threats against another person by act or gesture if the person coking such attempt or threats has led the other person to believe, with Just cause,  that the intention was earnest and that. he possessed  the ability to carry out  the threat.
Article 27     Unjust detention is to entirely deprive any person of his liberty  in an  illegal manner for  a period of time by any material Deans or by demonstrating authority.
Article 60.     All  the regular courts of law in  Bahrain have the right, within the scope of their competence,  to order redress   in cases  involving civil offences.
 
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In Addition to the above-mentioned Code, in the reply  to Question 1 we explained the provisions of the new draft Cede of Criminal   Procedure relating to this matter.     These provisions stipulate that:
-    A civil action  for compensation for damage arising  from a criminal act, irrespective of the value of such damage, may be brought before  the criminal courts to be heard together with the criminal action.
-    Any person who has suffered direct personal damage as a result of a criminal act shall be entitled to claim his civil rights  free the accused during the collection of evidence, during the investigation or at any stage of the criminal proceedings before the court until such time as it is decided to terminate the pleading.
-    A civil action may also be brought against the person responsible  for the civil rights of the accused.
-    A civil action for  compensation  for damage arising our, of a criminal act may also be brought by the insurer before the court which is hearing the criminal action.
-    If the person claiming civil rights  abandons his action before the criminal courts,  he may initiate proceedings  in the civil courts.
-    If A person who has  suffered damage as a result of a criminal act brings  a suit  for compensation before  the  civil court and if criminal  proceedings  arc subsequently  initiated,  he may, alter abandoning his suit in the civil court, bring a civil action during the  investigation or before the court which is hearing the proceedings  in accordance with the circumstances.
-    If a civil  action is  brought before a civil court,  the decision must be postponed until  the final  verdict is given in a criminal suit which has been brought before the court prior to or during the course of the civil proceedings.
Question 13
This question has already been answered in our reply to Question 1. Paragraph  (d)  of article 19 of the Constitution stipulates that  "Any statement or confession shall be null  and void if it  is proved to have been made under duress or enticement or degrading treatment or threat  thereof".     The first paragraph of article 128 of the Code of Criminal Procedure  stipulates that  no confession by the accused shall be admissible as evidence if,  in the opinion of the court,  such confession has been made as a result of enticement,  threat or precise on the port of a person in authority in connexion with the indictment.
Question  14  and 15
As indicated in our reply to Question 1, the provisions laid down in the Declaration arc perfectly consistent with the Constitution and with the laws  in force in the country-    All of these  laws  are published and known to everyone  from the time of their publication  in the Official  Gazette.
 
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Furthermore, the legislation relating to employment stipulates that citizens must be treated in an extremely honorable and proper manner. In the case of the public security forces, in addition to the above-mentioned legislative acts, regulations promulgated free time to time emphasize the desire of the responsible authorities to ensure the total prevention of torture and other cruel, inhuman or degrading treatment or punishment.
The State of Bahrain has encountered no difficulties  in  implementing the Declaration since the State applies  the laws  in  force  in the country which are in conformity with the Declaration-
 
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Page  38
 MADAGASCAR
/Original:    French/ /22 August 1980/
1.    with record to legislative Measures, Malagasy  legislation has always generally proscribed nil  forms of torture, and cruel,  inhuman or degrading treatment or punishment, whether these concepts, deeded to be contrary to the dignity of the individual  and the country's  traditional rules,  apply to the detention or the imprisonment of the offender.
2.    Such concepts would be tantamount to disregarding respect  for human dignity and human  rights and would constitute a  retrograde and abhorrent  attitude  towards civilization.
3.    As  regards  the present  status of legislation,   it may be noted that article 42 of the Constitution of 11  December 1975  lays down that:
"So one  may be prosecuted,  arrested or detained save  in the  cases determined by the law and  in accordance with the procedures which  it prescribes.
"No one may be punished save by virtue of a law promulgated and published before the commission of the offence.'
4..      It is on these two complementary principles that all criminal legislation is founded:     no court,  no police  force, no enforcement agency  can transgress then without   becoming liable  to  the penalties prescribed,  particularly  in the event of psychological  pressure or physical brutality, by articles  309,  310 and  311 of the Criminal Code, covering correctional and criminal penalties  for wounding, mutilation and battery,  and articles 3l6, on castration, and  341 on  illegal arrest  and detention  and kidnapping, which lay down penalties of  forced labour  for a stated period or for life, which can be increased to the death penalty if bodily torture occurred, for those guilty of the offences.
5.    Provision is made, as in all legislation, for certain extenuating circumstances in articles   321,  325,  327 and 328 of the Criminal Cede, but  these provisions relate to special' situations  arising out of provocation, self-defence or the need to maintain public order and can be  invoked only  in the  form of a reasoned ruling by the Judge.    In all cases they exclude torture proper and cruel,  inhuman or degrading treatment.
6.    At the penitentiary level,  if the  regime applicable to detained persons differs from that  applied to untried prisoners,  especially with regard to the organization of work, both nay be  visited by  the counsel, relatives  and Berbers of their  families on days and at  times  laid down by  the  statutory regulations of the penitentiary service.
7.    Moreover,  the inspection of prisons and houses of detention by specialized personnel and by Judges  has  been so organized that  any  failure to observe the rules in  force,  any negligence and any abuse can be stopped and punished.
 
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THAILAND
/Original:    English/ /26 August 1980
1.       1.1    Legally, they are provided under section 10 of the Criminal Code of 1956.
1.2    There are not any measures  in such  circumstances.
1.3   There are none since the adoption of the Declaration.
2.      To some extent, they are included in the training programme for the would-be police officers and correctional officers.
3.      They are incorporated in the sense that the principles of Thai  Penitentiary Act of 1936 which governs the Thai  Correctional System is in many ways consistent with those of the United Nations Standard Minimum Rules  for the Treatment of Prisoners.
4.      By availing the victim of the right of filing complaints to the higher
authority for immediate and fair action.    In addition, the victim or prosecutor can bring the matter to the court.
5.       Yes,  they are,
6.    The higher officer in that particular case after receiving complaints from the victim.
7.    Yes,  they do.
8.    8.1     Yes,  they ore.
8.2   The main aspects of the procedure is similar to the procedure for
general officers.
8.3   Generally speaking, whether convicted persons may benefit from pardon,
confutation of sentences or amnesties or not  depend mainly on their
behaviour in the prison.
9.      9.1   Usually by removal from the office and subject to be prosecuted.
9.2   Practically yes, if the person guilty of torture is sentenced to
imprisonment, he will be banned from serving in civil services.
9.3   Apparently not.
10.    They are applied basically the same.
11.    Data on this natter arc not available.
12.    In Thailand, a system of compensation provided by Government for victims of crime has not yet been enacted.     However, a victim has  a right  to sue an offender and claim for dotages  in civil  court.
13.    That cannot be provided.
 
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14.    The principles of the Declaration has been stated in every Thai Governmentís Policy which is publicized to the public.
15.     Since  the adoption of the Declaration. it is too short a time to evaluate the results.
Explanation to the above  replies
1,    The Thai  Penal Code, states that whoever causes injury to the other person in body or wind is said to commit crime against bodily harm and shall be punished with different degree of punishment depending upon the seriousness of the offence.     There are  five decrees of punishment, Capital Punishment, Imprisonment, Confinement, Fine and Forfeiture of property,
2,    The Thai Law Enforcement Officers have been intensively trained and educated on the treatment of the offenders.
3,    The person who has suffered from bad treatment by the policeman or law enforcement officer, has the right to appeal for the review of interrogation on such incident.
4.       The  acts of torture, as well as participation  in, complicity in,  incitement  to or the attempt to commit torture are punishable under criminal law.
5.    Any police station con receive and examine complaints  from alleged victims that torture or other cruel, inhuman or degrading treatment  or punishment has been inflicted upon them by or at the instigation of public officials.     The competent officer will gather and collect evidence if he finds enough evidence against the offender, he shall send the ease to the public attorney for further action.
6.    If there is  a reasonable ground to believe that an act of torture has been committed, the competent authorities can make on investigation, even if there is no formal complaint.    The officer in charge will gather information on evidence of the case after that he shall send the offender to court, if there is enough evidence to believe that ouch crime has been committed by the offender.
7.    The offender will be detained for interrogation.    The officer in charge  needs permission from the court to detain the offender in case the investigation is not completed.    When the police officer has enough evidence, he shall indict the offender.
8.      The police officer who is found guilty of torture shall be barred or suspended from public service.
9.       There are many policeman who have been punished by court or barred from work, when he was  found guilty of police brutality-
10.    The Thai Civil Code ensures redress end compensation to the victim of nets of torture.
 
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11.   The Thai low "Criminal Procedure" Article 133, states that the police officer cannot say, warn, precise or do anything in anything to  lure the offender to speak or give a statement against himself or herself.
'Criminal Procedure Article 226"
Evidence of documents or eye-witness is acceptable in court but  excludes  from evidence in any proceedings  a  statement extracted under torture,  promise lure or any other unlawful acts.     Any statements give under torture or as above-mentioned is not acceptable in court.
A/35/369/Add.1
UNION OR SOVITE SOCIALIST REPUBLICS
/original:    Russian/ /30 June 1980/
1.    Soviet  legislation totally excludes the possibility  of the subjection of any person whatsoever to  torture and other forms of    cruel,  inhuman or degrading treatment or punishments  and contains all the necessary legal guarantees for this purpose.
2.    The Constitution of the USSR provides,  in article 4   that  the Soviet ,,,,, and all its bodies function on the basis of socialist law, ensure the maintenance of law and order, and safeguard the interests of society and  the rights and freedoms of citizens,    Article 54. of the USSR Constitution states that citizens of the USSR are guaranteed inviolability of the person.    Article 57 of the USSR Constitution affirms  the rights of citizens  to protection by the
courts againts encroachments on their honour and reputation,  life and health, and personal  freedom and property.    Article 8' of the USSR Constitution further stipulates that actions by officials that contravene the  law or exceed their powers and infringe the rights of citizens ray be appealed against in a court in the manner prescribed  by law.     Citizens of the USSR have the  right to compensation for damage resulting  from unlawful actions by State and public organizations,  or by officials in the performance of their duties.
3.    Elaborating upon the provisions of the Constitution,  the criminal  legislation
of the USSR provides  for  liability  in the cane of knowingly unlawful arrest or
knowingly unlawful  punishment   (art.  178 of the Criminal  Code of the RSFSR and  the
corresponding articles of the Criminal Codes of the Union  Republics).     It  is
also a criminal offence to extract evidence by threats, by the use of force or by mockery of a person  under interrogation,  and likewise  to compel  a witness, victim or expert to offer false testimony or false conclusions to organs of Judicial investigation by threatening such persons or persons close to then with murder, violence or the destruction of property  (arts.  178 and  103 of the Criminal Code of the RSFSR).    There are in addition provisions concerning the liability of officials of organs of Judicial investigation, as well as other official::, who exceed their authority or official powers by the use of violence or the use of weapons or by acts which  inflict pain or are an affront  to the personal dignity of a victim.
4.       Under article 160 of the USSR Constitution, no one nay be adjudged guilty of a crime and subjected to punishment as a criminal except by the sentence of a court and in conformity with the law.     In accordance with  article 20 of the Principles of Criminal  Legislation of the USSR aid the Union Republics and articles 1 of the Corrective  Labour Legislation of the USSF and  the  Union  Republics, the  imposition of sentences by a court of law,  and their execution,  not only constitute a penalty  for  the crime committed but also have the aim. of correcting and  re-educating convicted persons  in the spirit of an honest  attitude to labour, strict observance of the  laws and  .respect for the rules of socialist society, and of preventing the commission of fresh crimes by the convicted person or by other persons.    Punishment and its execution do not have the purpose of inflicting physical suffering or degrading human dignity.
 
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5.      Consequently, Soviet legislation and practice arc in complete conformity with the principles of the declaration  the adoption or which by  the General Assembly has not necessitated any regulations or additions to existing laws and regulations  in the Soviet Union.
 
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VENEZUELA
/Original:    Spanish/
/31 July 1980/
Question  1
One of the purposes of our Rations! Constitution, set forth in its Preamble is to uphold "human dignity".
Article 60 later provides as follows:    "Personal liberty end safety are inviolable and consequently    3.    It shall not be lawful to hold any person incommunicado nor subject him to torture or other treatment which causes physical or moral suffering,    If any person inflicts physical or coral hurt on a person subjected to restriction of his liberty he shall be liable to punishment
Article 220 provides as follows: "The State Legal Department shall have the following functions; 1. To ensure that constitutional rights and guarantees arc respected ... To supervise the correct enforcement of the laws and the guarantee of human  rights  in Jails  and other prison establishments."
Act adopting the American Convention on Hunan Rights  (Gaeta Official No.  31.256 of 14 June 1977).
Act adopting the  International  Covenant on Civil  and Political  Bights (Gaeta Oficial  No,  2146 of 2C January 1978).
Administrative measures
Regulations concerning persons in custody (2 September 1975), article 3 of which provides  as follows:
"Bo disciplinary punishment shall  to applied which consists of ill-treatment in word or deed or of any other measures or acts which are detrimental to personal dignity."
Internal regulations of the State police
with regard to the last port of question 1 of the questionnaire we Rust point-out that no measures have been contemplated to prohibit torture in exceptional circumstances such as a state of war, etc.    Nevertheless, article 60 ensures that, even in such circumstances, the general  criteria protecting human rights shall remain ii; force.
Question 2
Trainees attending the training schools of the State security authorities and schools for prison personnel are given instruction on the respect of fundamental rights.    They are also apprised of the existing Juridical system.
 
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Question   3
This prohibition is included in our Penal Code as an offence against individual liberty (art.  162, already submitted).
Question 4
The method used is that of visits to Jails.    In that connexion, article 6 of the Organic Law of the State Legal Department provides as follow
"The  following are the functions of the State Local Department ...     13-     To ensure that the human and constitutional rights of persons in custody and minors  are respected in police premises, prison premises, detention premises of military commands, labour camps, Jails and penitentiaries, correction institutes for minors and other establishments of detention or internment ...
"In carrying out this constitutional function the officers of the State Local department shall have access to all the aforesaid establishment.
Chapter IX of the Code of Criminal Procedure refers to  'visits to prisons and special penal establishments", article 404 of which provides as follows:
''The visits referred to in the previous article shall be made by each Judge or tribunal in respect of persons in custody with whose cases they are dealing
Article 405 provides as follows:
"Visits to penal establishments shall have as their purpose to investigate ... 2-    Any complaints which they may have against their warders, guards, counsel   for the defence, court-Appointed officers for the defence or prosecutive counsel."
Visits by members of the judiciary and counsel appointed by the court or by the State Local Department are governed by articles 6l  to 65 of the Regulations concerning persons in custody.
There is an Inspectorate-General of Prisons, attached to the Directorate of Prisons of the ministry of Justice.
Question 5
Acts of torture arc punishable in accordance with our criminal legislation fart.  182 of the Penal Code).
Question 6
The following authorities ore competent to receive and examine complaints: the State Legal Deportment the Inspectorate-General of Prisons and the Inspectorate-General of Police.
 
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Question 7
The competent authorities ore entitled to proceed to an investigation ex officio.    In the case of an Inspectorate, the appropriate administrative procedure will be followed;  in the case of a judge, the Judge will issue an order to proceed and will  initiate the investigation.
Question 8
Criminal proceedings arc instituted following an investigation of the tare facts  (preliminary proceedings on the merits of the case), if the alleged offender is a public official.    The penalties incurred are of a disciplinary and penal nature (imprisonment).
The sentence may be suspended by virtue of the Act on Indictment and the Conditional Suspension of Sentences (Gaeta official No 2529 extraordinary, of 31 December 1979), provided that the requirements set forth in this Act are fulfilled.
Under article 190 of the national Constitution, "The President of the Republic  shall have the following functions and duties ...     21,     To grant pardons,'4
In this connexion, article 104 of the Penal Code sole paragraph, provides as  follows:
"A pardon or act of clemency in respect of a sentence shall render it ineffective together with all its accessory penalties.    when a pardon counting the sentence into a lesser sentence is granted, the latter shall be served together with the accessory penalties pertaining thereto."
Article 312 of the Code of Criminal Procedure provides as follows;
'Suspension is permissible during the investigation, after the order of detention or indictment has been issued, and in any court sitting in plenary session ...    2.    With record to amnesty or pardon,  in accordance with the terns thereof ...
Article 34 of the Organic Law of the Central Administration (Gaeta Official to. 1932 extraordinary, of 23 December 1976) provides as follows:
"The Ministry of Justice shall ...    5.    Take the accessory action in respect of pardons and the serving, conversion and commutation of sentences.
Question ft
Disciplinary sanctions;    a physician or lawyer may be suspended from practicing his profession and, in every case, during the serving of a sentence.
Guilty persons may be barred  from occupational  associations.
 
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Question 10
we have  no information on other forms of cruel inhuman or degrading treatment or punishment.
Question 11
Investigations have been carried out and proceedings hive been  instituted in connexion with police and prison officials.
Question 12
Article 113 of the Penal Code provides us follows:
"Any person who is responsible under the criminal law Tor an offence or misdemeanor shall he held responsible also under the civil law.
"Civil responsibility arising out of penal responsibility shall not cease because the latter or the sentence has lapsed;  is shall continue as a civil obligation subject to the provisions of civil law.
'Nevertheless, in the absence of any express reservation, a pardon by the aggrieved party in respect of the criminal proceedings shall have the effect of a waiver of the civil proceeding:;.
the period of prescription for civil  proceedings to be instituted aginst
public officials for acts committed in the performance of their duties shall be ten years."
Article 120 of the Penal Code provides as follows:
'"The civil responsibility referred to in the Preceding articles shall include:
'1,    Restitution
2    Reprising the damage caused
3.     Compensation for damages.
Article 13 of the Act on Indictment and the Conditional Suspension of Sentences provides as follows;
"The order granting conditional suspension of a sentence may require the offender   to repair the damage to cake restitution or to pay compensation to the victim of the offence  this may to carried out gradually or in installments during the probationary period depending on the economic situation of the offender.
The State or other public entities may be held liable to pay for such compensation.     we have no  information as to whether such redress  has been afforded or compensation (given sinner the adoption of the Declaration.
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Question  13
According to article 247 of the Code of Criminal Procedure:
ìStatement made by a defendant to the court during the proceedings either before or after the detention order or in plenary sessions ª shall constitute evidence against him, provided that the following; conditions ore fulfilled:
1.      That they were freely made and not under oath.    ... and if the conditions in paragraphs 1 and 2 ore not fulfilled, they shall have no value as evidence or even as circumstantial evidence."
Question 14

Officials of the State bodies responsible for the protection of human rights and police officials have been apprised of the contents of the Declaration.
Question 15
The progress made is apparent from the reduction in the number of cases of torture, find the difficulties encountered are due to the persistence of a repressive mentality which has to be reformed.