The National Commission assigned to Follow-up the BICI Recommendations

عربي

Progress & Actions Taken

1722(k) - To compensate and provide remedies for all victims of torture, ill-treatment or prolonged incommunicado detention. In this connection, the Commission welcomes the Royal Decree Law N0. 30 of 2011 for the establishment of the National Fund for the Reparation of Victims on 22 September 2011.

Progress & Actions

Resolutions of the National Commission

Providing the National Commission with the actions taken or to be taken in the future to implement this recommendation.

Government Response

There are three mechanisms set:

1- Issuing the Decree No. 13 of 2012, dated January 26, 2012, on the establishment of a national fund to compensate victims. The fund will be managed by a new committee composed of five persons who are appointed by the Higher Judiciary Council. The Committee will receive and consider all applications for compensation. It is also authorized to grant any form of compensation as it deems appropriate: It may grant financial compensation, request the submission of a formal apology to the victim, or request taking steps by the concerned party to make sure that these attacks will not occur again.

The Decree was designed based on the best international practices for compensating the victims all over the world, the United Nations Basic Principles, and the guidelines on the right to treat fairly and compensate victims of violations of the international human rights and serious violations of international humanitarian law.

In response to the recommendations of the National Committee to speed up the compensation for those affected:

2- The Higher Judiciary Council announced, on February 27, the establishment of specialized courts to entertain claims for compensation. The compensation fund will have to present a criminal report on anyone before accepting their compensation request. But, with regard to the complaints filed against the State (without knowing any defendant personally), a civil settlement will be required from the concerned commission that will take a long time.

These courts will speed up the process of the filed cases against the State.

3- To speed up the settlement of claims outside the courts, the Ministry of Justice and Islamic Affairs and Endowments launched the civil settlement initiative, which enables those affected to settle their requests in a satisfactory way.

The beneficiaries of this initiative are the families of the deceased and people with physical injuries from the last year, or any person who must resort to the civil courts against the State for obtaining any compensation whatsoever.

This initiative aims at settling claims as soon as possible within months. The compensation process will be based on the amounts approved legally for the death or injury cases.

Resolutions of the National Commission

To ask the government when will the decree specifying the working mechanism be issued, and when will be Commission be allowed to review the decree to ensure that it conforms to the recommendation, as well as the government’s response that it is being implemented is in accordance with best international practices. To form a court charged with reviewing the cases of persons who have sustained damages to ensure prompt resolution of those cases. To recommend the development of a mechanism to urgently compensate persons who have sustained damages, on all sides.
To inform the National Commission of the possibility of implementing the following proposals, or whether other approaches could be developed to ensure expediting compensation. These recommendations are as follows:
1. To create a specialized chamber in civil courts to review claims for compensation.
2. If required, the Commission recommends possible consideration of required legislation for an appellate chamber to review claims for compensation.
3. The Commission finds that the legal action related to provisional compensation claims cover practical requirements to receive compensation as soon as possible.
4. The Commission recommends that the Higher Judicial Council follow up the course of justice in those cases to expedite resolution.
5. To reach amicable settlements with the claimants.
Recommendation for quick formation of the Commission – As provided in Article 2 of Decree 13 for 2012 on the National Compensation Fund – in respect to the management of the Fund, to decide on claims for compensation submitted to it, and to train the Commission’s team members.

Government Response

A copy was attached about the steps that the Government of Bahrain has taken to implement the recommendation, which also responds to other recommendations and inquiries mentioned:

1- The national plan for social and economic reconciliation which is prepared by the Ministry of Human Rights and Social Development.

2- The Memorandum of Understanding signed between the Ministry of Education and the International Commission on Education, a unit of UNESCO, which responds to the recommendation No. 1725, paragraph (a) as well.

3- Media reform plan prepared by the Commission of Public Information, which responds to the recommendation No. 1724, paragraphs (a), (b), and (c) as well.

The initiative of civil settlement undertaken by the Ministry of Justice and Islamic Affairs and Endowments, which respond to the recommendation No. 1722 paragraphs (j) and (k) as well.

Relevant Legislation / Documents

Most Recent Actions Taken