Government Response

The Government of Bahrain shares with the National Commission this requirement for clarification, and has appointed prominent international jurists from the United Kingdom to study and give advice on the interpretation of Paragraph 1716. The experts will consider other recommendations including Recommendation 1722(B) , to ensure that there is no unnecessary overlapping in implementation. The experts will visit Bahrain during the period 28-29 December 2011.

Government Response

Implemented

The team, comprised Sir Daniel Bethlehem, Sir Geoffrey Jaoal, Professor Adnan Omkhan, Professor Sarah Cleveland, and Mr. David Perry (legal experts). They adduced their recommendation for the implementation through establishing a special unit (the Special Investigative Unit) at the Public Prosecution to be responsible for accountability. This unit:

- Will be under the command of a senior official from the Public Prosecution.

- The senior official will get assistance from independent well-experienced criminal investigators and forensic experts.

- The newly established unit will have an independent consultant for investigation. Appointed by the Higher Judiciary Council, the consultant will be experienced and specialized in investigations and in the prosecution of crimes. They will be familiar with the international standards related to investigations in the field of human rights.

- The unit will be provided with guidance on how to apply the principle of superior responsibility, which is part of Bahraini law.

The recommendations were accepted. On February 28, the Attorney General issued a resolution (the resolution was drafted with the assistance of legal experts), to establish the Special Investigation Unit.

In conjunction with the writing of this report, the Attorney General is following up 107 of the cases involving death, torture and ill-treatment of civilians. Forty-eight security men have been interrogated in those cases so far (the number may increase with the progress of the investigations).

This number represents an increase in the number of prosecutions at the time of conducting the "Report of the Bahraini Independent Commission of Inquiry (BICI)" (20).

Government Response

A meeting was held with a number of National Commission members, namely: Dr. Abdulaziz Abel, Fareed Ghazi, Dr. Hassan Modon, Abdullah Aldarazi, Abdullah Alhowaihi, and Ali Alotaish, with the aforementioned experts Sir Jeffrey Jowell and Sir Daniel Bethlehem on 29 December 2011 in the presence of Obaidali Alobaidali and a Government representative. The members expressed their requirement to obtain a definition of the independent mechanism and the upper leadership accountability and relevant criteria. Inspector general model applications in a number of European countries were requested. The reconciliation processes implemented in Ireland and South Africa were also requested taking into account the social differences between those countries and Bahrain. Moreover, the definition of transitional justice and its implementation was addressed, with a view to benefit from the experiences of others, to meet Bahrain’s requirements. The compensation fund and its use to achieve the objectives of the transitional justice were addressed. It was agreed to meet again later. The experts promised to provide the National Commission with their responses.

Government Response

A copy of the public prosecutor's decision No. (8) for 2012 on the Special Investigative Unit was attached, in implementation of the recommendation in light of the report of legal experts who assisted in the drafting of that decision. Also attached was the speech of the Vice President of the Supreme Judicial Council and the President of the Court of Cassation regarding the appointment of an adviser to the team of national investigators who are charged with investigating allegations of violations during the last period.