Bahrain Independent Commission of Inquiry
The Bahrain Independent Commission of Inquiry, also known locally in Bahrain as the Bassiouni Commission, was established by the King of Bahrain on 29 June 2011 tasked with looking into the incidents that occurred during the period of unrest in Bahrain in February and March 2011 and the consequences of these events.
The commission released a 500-page report 23 November 2011, which took 9,000 testimonies, offered an extensive chronology of events, documented 46 deaths, 559 allegations of torture, and more than 4,000 cases of employees dismissed for participating in protests. The report criticized the security forces for many instances when "force and firearms were used in an excessive manner that was, on many occasions, unnecessary, disproportionate, and indiscriminate;" and found that certain abuses, such as destruction of property, "could not have happened without the knowledge of higher echelons of the command structure." The report also stated that the violence in Bahrain "was the result of an escalating process in which both the Government and the opposition have their share of responsibility in allowing events to unfold as they did".
The report confirmed the Bahraini government's use of systematic torture and other forms of physical and psychological abuse on detainees, as well as other human rights violations. It also rejected the government's claims that the protests were instigated by Iran. It has been criticised for not disclosing the names of individual perpetrators of abuses and extending accountability only to those who actively carried out human rights violations.
Establishment
The commission was established by King Hamad bin Isa Al Khalifa of Bahrain by Royal Decree 28 of 2011. The King said that "the Commission had been set up after broad consultation, including with the United Nations Commission on Human Rights". The commission is notable for its broad Terms of Reference and the expertise of its internationally renowned commissioners.Members
The BICI was described by human rights group Amnesty International as "an impressive line-up of independent international experts". The BICI was chaired by Professor M. Cherif Bassiouni who had led United Nations investigations into alleged war crimes in Bosnia and Libya. The four other members were Sir Nigel S. Rodley, a former United Nations Special Rapporteur on Torture and currently a member of the United Nations Human Rights Committee; Justice Philippe Kirsch, a former judge at the International Criminal Court ; Dr Mahnoush Arsanjani, a former UN legal advisor; and Dr Badria al 'Awadhi, an expert on international and Sharia law at the Freedom House Foundation in Washington, D.C.On 7 September 2011 the BICI invited Dr Sondra Crosby, an expert on hunger strikes, to join its team in order to monitor those prisoners on hunger strike in the Kingdom. Her appointment was instigated on "humanitarian grounds due to the deep concern of the BICI with the plight of the prisoners and detainees who are on hunger strike".
Terms of reference
According to Article 4 of Royal Decree 28, the commission's mandate is to "engage in fact finding". and it will have access to all officials and official documents that it considers relevant as well as access, in secret if necessary, to alleged victims and witnesses of alleged violations of the law perpetrated by both the protesters and the government.The commission's total independence is outlined in Article 3 and Article 6 of Royal Decree 28. It will determine its work on its own and without any interference by the government, which is prohibited from interfering in the commission's work.
According to Article 9 of Royal Decree 28, the commission's final report should include the following:
- A complete narrative of the events that occurred during February and March, 2011.
- The context for these events.
- Whether during these events there have been violations of international human rights norms by any participants during the events or in the interaction between the public and the government.
- A description of any acts of violence that have occurred including the nature of the acts, how they occurred, who the actors were and what consequences derived therefrom, in particular at the Salmaniya Hospital and the GCC Roundabout.
- Instances of alleged police brutality and alleged violence by protesters and/or demonstrators against police and others, including foreigners.
- The circumstances and appropriateness of arrests and detentions.
- Examination of allegations of disappearances or torture.
- Ascertain whether there was any media harassment, whether audiovisual or written, against participants in demonstrations and public protests.
- Examination of alleged unlawful demolition of religious structures.
- Ascertain any involvement of foreign forces and foreign actors in the events.
International reaction to the establishment of the commission
US President Barack Obama praised the establishment of the commission on 2 July 2011 and said that, "by providing an independent assessment of what happened and identifying those responsible, the Royal Commission will play an essential role in advancing reconciliation, justice, and peace in Bahrain." White House Deputy Spokesman Mark Toner welcomed the announcement of the establishment of the commission on 1 July 2011, adding that it was a "step in the right direction". Toner was pleased that the government of Bahrain was "taking significant and positive steps and hope that these efforts... will help restore confidence and trust as Bahrain moves towards the beginning of the National Dialogue".In the United Kingdom, Minister for the Middle East and North Africa Alistair Burt said: "We welcome the establishment today by His Majesty the King of an independent commission, composed of international figures, to look into the events of recent months and into allegations of abuses of human rights. It is our hope that this promising and significant step will lead to concrete progress in addressing the recent serious concerns about the human rights situation in Bahrain, reiterated by the Foreign Secretary yesterday. We also hope these developments will be complemented by all sides participating in a successful and peaceful commencement of the National Dialogue."
The Arab League General Secretariat hailed the establishment of the commission as a step that will "meet Bahrain people's aspirations and bolster constitutional establishments beyond any foreign interference to subvert the Kingdom's independence, sovereignty and stability and undermine its Arab identity."
EU High Representative of the Union for Foreign Affairs and Security Policy Catherine Ashton said on 1 July 2011 that the "establishment of an independent commission, composed of international members, to investigate the origins, causes and facts behind the many allegations of human rights violations in recent months in Bahrain. This is a step in the right direction, which we hope will shed full light on those events. I expect the independent commission to be in a position to carry out its work freely and thoroughly and I look forward to its final report due to be released at the end of October 2011."
Amnesty International labelled the commission as "a significant step forward but must lead to justice for the victims". Malcolm Smart, Director of Amnesty International's Middle East and North Africa programme, said, "moreover, the terms of the King's decree make clear that they will have the authority to carry out a full investigation" and added that "appointment of this international commission appears to represent nothing less than a sea change in Bahrain".
Implementation of the BICI's recommendations
The BICI report gave a series of recommendations to the government of steps that it believed would improve accountability and bring government practice in line with international standards. The government gave itself a target of implementing these recommendations by the end of February 2012. The implementation progress of these recommendations is recorded on the govactions website. As far as the general recommendations are concerned, the government claims that it has implemented the following recommendations:- 1715: the implementation program. A royal order on 26 November 2011 established the implementation commission, which was independent and consisted of 19 members.
- 1716: creating a government accountability mechanism. A team comprising Sir Daniel Bethlehem QC, Sir Jeffrey Jowell QC, Professor Adnan Amkhan, Professor Sarah Cleveland and David Perry QC provided their advice on the establishment of a Special Investigations Unit that is tasked with determining accountability.
- 1717: to create an ombudsman at the Ministry of Interior and a police Code of Conduct. A decree establishing both the Ombudsman and the Internal Affairs department was issued on 28 February 2012.
- 1718: reorganisation of the National Security Agency and National Safety situations. A decree on 28 November 2011 made the NSA an intelligence gathering agency with no law enforcement and arrest powers. In December 2011 the cabinet approved legislative amendments that ensure that arrests of persons will be in accordance with the Code of Criminal Procedure even in the state of national safety.
- 1719: to undertake investigations into torture claims. On 8 January 2012, the Cabinet approved legislative amendments "that give the Attorney General the exclusive jurisdiction to investigate claims of torture and other forms of inhuman treatment"; and "protecting persons from any retribution for raising a claim of torture or other forms of cruel or inhuman treatment". Technical assistance is provided by the UNODC, amongst others.
- 1720: to review all convictions and sentences rendered by the National Security Courts. All live cases are "being reviewed in the ordinary courts to ensure fair trial rights have been complied with in cases before the National Safety Courts ".