Bahrain Independent Commission of Inquiry
Encyclopedia
The Bahrain Independent Commission of Inquiry (BICI) also known locally in Bahrain as 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."
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.
as “an impressive line-up of independent international experts”. The BICI is chaired by Professor M. Cherif Bassiouni, a former Nobel Peace Prize nominee, who has led United Nations
investigations into alleged war crimes in Bosnia and Libya
. The four other members are 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
(ICC); 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”.
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:
The Commission is allowed to make any recommendations is deems appropriate in its final report including: recommendations for further official investigation or prosecution of any person, including public officials or employees; recommendations for reconsideration of administrative and legal actions; and recommendations concerning the institutionalisation of mechanisms designed to prevent the recurrence of similar events, and how to address them.
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”.
has criticised BICI's panels members and its activities. In an open letter to M. Cherif Bassiouni dated 9 August, Nabeel Rajab
, president of the Bahraini non-profit organisation Bahrain Centre for Human Rights
, expressed "deep disappointment and regret" at comments made by Bassiouni in an interview with Reuters on 8 August 2011.
In the interview, Bassiouni praised the cooperation that the BICI has received from the Interior Ministry and states that there was never a policy of excessive use of force. Rajab alleges that Bassiouni is "willing to espouse the view of the political establishment whilst paying lip-service to the concept of a fair and independent enquiry." Rajab goes on to "seriously question the legitimacy of this commission and its ultimate findings".
Bassiouni, in an open letter on 9 August, responded to Rajab's allegations in full, and described the BCHR's allegations that the BICI espouses the government's views as an "insult to the Commissioners and staff" of the BICI. He denied Rajab's allegation that the BICI had already reached any conclusions. Bassiouni continues by criticising the conclusions that Rajab drew from his Reuters interview, saying they are "premature", and admits to finding it "disheartening that you (Rajab) deemed it necessary to personally attack me". In a further statement published on the BICI website on 15 August the BICI reiterated that it had not come to any conclusions in its investigations and, as a result of "misleading headlines" and the misrepresentation of Bassiouni's comments "by certain media outlets and activists", will no longer be giving interviews to the media. The statement ends by saying that the BICI "will not allow itself to be used as a political tool for any group".
The head of the Bahrain Human Rights Watch Society
Faisal Fulad
, believe that the continued attempts to discredit the BICI are part of a concerted campaign by the opposition to delegitimise the Commission's findings.
According to a statement released by the BICI on 15 August, individuals "yelled insults, posted threatening messages on the office walls, sent threats via text and email, and even physically shoved and spat at a member of staff". Individuals also continued to photograph and video record people in the office, despite advice from staff that such actions undermine the confidentiality and safety of the many witnesses and victims coming forward.
The report was released 23 November 2011.
Bassiouni also stated that all physical documents, including statements and complaints from Bahrainis and foreigners, would be destroyed when the report is submitted. An electronic copy of the documents will be kept at the Permanent Court of Arbitration
in The Hague
for ten years.
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."
Establishment
The commission was established by King Hamad bin Isa Al Khalifa of BahrainBahrain
' , officially the Kingdom of Bahrain , is a small island state near the western shores of the Persian Gulf. It is ruled by the Al Khalifa royal family. The population in 2010 stood at 1,214,705, including 235,108 non-nationals. Formerly an emirate, Bahrain was declared a kingdom in 2002.Bahrain is...
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
United Nations Commission on Human Rights
The United Nations Commission on Human Rights was a functional commission within the overall framework of the United Nations from 1946 until it was replaced by the United Nations Human Rights Council in 2006...
”. The Commission is notable for its broad Terms of Reference and the expertise of its internationally renowned commissioners.
Members of the Commission
The BICI is described by human rights group Amnesty InternationalAmnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
as “an impressive line-up of independent international experts”. The BICI is chaired by Professor M. Cherif Bassiouni, a former Nobel Peace Prize nominee, who has led United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
investigations into alleged war crimes in Bosnia and Libya
Libya
Libya is an African country in the Maghreb region of North Africa bordered by the Mediterranean Sea to the north, Egypt to the east, Sudan to the southeast, Chad and Niger to the south, and Algeria and Tunisia to the west....
. The four other members are Sir Nigel S. Rodley
Nigel S. Rodley
Sir Nigel Simon Rodley KBE is an international human rights lawyer and professor.-Current positions:Rodley is:*a member of the UN Human Rights Committee, a body of 18 human rights experts that monitors UN member states' compliance with the International Covenant on Civil and Political Rights, and*a...
, a former United Nations Special Rapporteur on Torture and currently a member of the United Nations Human Rights Committee; Justice Philippe Kirsch
Philippe Kirsch
Philippe Kirsch, OC, QC is a Canadian lawyer who served as a judge of the International Criminal Court from 2003 to 2009 and was the court's first president....
, a former judge at the International Criminal Court
International Criminal Court
The International Criminal Court is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression .It came into being on 1 July 2002—the date its founding treaty, the Rome Statute of the...
(ICC); Dr Mahnoush Arsanjani, a former UN legal advisor; and Dr Badria al ‘Awadhi, an expert on international and Sharia
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
law at the Freedom House
Freedom House
Freedom House is an international non-governmental organization based in Washington, D.C. that conducts research and advocacy on democracy, political freedom and human rights...
Foundation in Washington, D.C.
On 7 September 2011 the BICI invited Dr Sondra Crosby
Sondra Crosby
Sondra Crosby is an American medical doctor and Professor of Medicine at Boston University, specializing in internal medicine.Crosby is notable for being one of the first doctors allowed to travel to Guantanamo to independently examine a Guantanamo detainees....
, 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 protestors 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 protestors 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.
The Commission is allowed to make any recommendations is deems appropriate in its final report including: recommendations for further official investigation or prosecution of any person, including public officials or employees; recommendations for reconsideration of administrative and legal actions; and recommendations concerning the institutionalisation of mechanisms designed to prevent the recurrence of similar events, and how to address them.
International Reaction to the Establishment of the Commission
US President Barack ObamaBarack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
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
White House
The White House is the official residence and principal workplace of the president of the United States. Located at 1600 Pennsylvania Avenue NW in Washington, D.C., the house was designed by Irish-born James Hoban, and built between 1792 and 1800 of white-painted Aquia sandstone in the Neoclassical...
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
Bahrain national dialogue
- About the National Dialogue :The Bahrain National Dialogue is an initiative instigated by King Hamad bin Isa Al Khalifa to promote reform and encourage discussion on the governance of Bahrain...
”.
In the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, Minister for the Middle East and North Africa Alistair Burt
Alistair Burt
Alistair James Hendrie Burt is a British Conservative Party politician. He is the Member of Parliament for North East Bedfordshire...
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
Arab League
The Arab League , officially called the League of Arab States , is a regional organisation of Arab states in North and Northeast Africa, and Southwest Asia . It was formed in Cairo on 22 March 1945 with six members: Egypt, Iraq, Transjordan , Lebanon, Saudi Arabia, and Syria. Yemen joined as a...
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
High Representative of the Union for Foreign Affairs and Security Policy
The High Representative of the Union for Foreign Affairs and Security Policy is the main co-ordinator and representative of the Common Foreign and Security Policy within the European Union...
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”.
BICI and the Bahrain Centre for Human Rights
The Bahrain Centre for Human RightsBahrain Centre for Human Rights
The Bahrain Centre for Human Rights is a Bahraini non-profit non-governmental organisation which works to promote human rights in Bahrain, which was founded by a number of Bahraini activist in June 2002...
has criticised BICI's panels members and its activities. In an open letter to M. Cherif Bassiouni dated 9 August, Nabeel Rajab
Nabeel Rajab
Nabeel Rajab was one of the founders of the first migrant workers protection committee in the Gulf Cooperation Council countries, the Migrant Workers Protection Group ....
, president of the Bahraini non-profit organisation Bahrain Centre for Human Rights
Bahrain Centre for Human Rights
The Bahrain Centre for Human Rights is a Bahraini non-profit non-governmental organisation which works to promote human rights in Bahrain, which was founded by a number of Bahraini activist in June 2002...
, expressed "deep disappointment and regret" at comments made by Bassiouni in an interview with Reuters on 8 August 2011.
In the interview, Bassiouni praised the cooperation that the BICI has received from the Interior Ministry and states that there was never a policy of excessive use of force. Rajab alleges that Bassiouni is "willing to espouse the view of the political establishment whilst paying lip-service to the concept of a fair and independent enquiry." Rajab goes on to "seriously question the legitimacy of this commission and its ultimate findings".
Bassiouni, in an open letter on 9 August, responded to Rajab's allegations in full, and described the BCHR's allegations that the BICI espouses the government's views as an "insult to the Commissioners and staff" of the BICI. He denied Rajab's allegation that the BICI had already reached any conclusions. Bassiouni continues by criticising the conclusions that Rajab drew from his Reuters interview, saying they are "premature", and admits to finding it "disheartening that you (Rajab) deemed it necessary to personally attack me". In a further statement published on the BICI website on 15 August the BICI reiterated that it had not come to any conclusions in its investigations and, as a result of "misleading headlines" and the misrepresentation of Bassiouni's comments "by certain media outlets and activists", will no longer be giving interviews to the media. The statement ends by saying that the BICI "will not allow itself to be used as a political tool for any group".
The head of the Bahrain Human Rights Watch Society
Bahrain Human Rights Watch Society
The Bahrain Human Rights Watch Society, is a Bahraini human rights organization established in November 2004 which claims to protect housemaids, and to fight for women’s rights....
Faisal Fulad
Faisal Fulad
Faisal Hassan Fulad is a member of Kingdom of Bahrain's upper chamber of parliament, the Consultative Council, since 1996. Fulad was appointed to parliament by King Hamad bin Isa Al Khalifa since 2002–present....
, believe that the continued attempts to discredit the BICI are part of a concerted campaign by the opposition to delegitimise the Commission's findings.
Storming of the BICI Offices
On 15 August 2011 a group of protestors stormed the BICI offices, having been angered by the inaccurate reporting of the supposed 'conclusions' reached by Bassiouni. The move was encouraged by activists online and the activist group "Return to Work is My Right", who defended their decision to congregate at the BICI offices. As a result of the intrusion, the BICI offices closed.According to a statement released by the BICI on 15 August, individuals "yelled insults, posted threatening messages on the office walls, sent threats via text and email, and even physically shoved and spat at a member of staff". Individuals also continued to photograph and video record people in the office, despite advice from staff that such actions undermine the confidentiality and safety of the many witnesses and victims coming forward.
Activities
According to a statement issued on 10 August 2011, the BICI has:- Met with over 200 persons in prisons and detention facilities and injured persons in hospitals; 50 senior government officials, including several members of cabinet; 18 opposition parties and civil society organizations; 90 students who have been suspended from their studies; and 105 persons who have been arbitrarily dismissed from their work positions.
- Received 300 complaints from dismissed employees.
- Recorded 140 allegations of physical abuse and torture in prisons and police stations.
- Secured the release of 151 persons from prisons or detention facilities. This number includes 137 persons who were charged with misdemeanors and were pending trial. These cases were transferred from the military court system to the civilian court system by a Royal Order at the request of the BICI chairman.
- Instigated an investigation by the Ministry of Interior into 2 police officers and 10 police personnel charged with physical abuse and torture.
- Received statements from 348 witnesses and victims of alleged arbitrary arrest and detention, physical abuse, and torture.
- Received over 900 emails, many of them containing information about events, and alleged victimization, either by the sender or claimed to be known by the sender.
The report was released 23 November 2011.
BICI Report Submission Delay
The BICI announced on 20 October that King Hamad had allowed the submission of the report to be delayed from 30 October to 23 November. The delay was requested by Bassiouni in an audience with the king on 18 October. He said that the BICI needed more time to investigate the large numbers of reports that had been submitted. While expressing its appreciation for the cooperation of government agencies, Bassiouni also noted that the BICI still needed some information from certain government ministries.Bassiouni also stated that all physical documents, including statements and complaints from Bahrainis and foreigners, would be destroyed when the report is submitted. An electronic copy of the documents will be kept at the Permanent Court of Arbitration
Permanent Court of Arbitration
The Permanent Court of Arbitration , is an international organization based in The Hague in the Netherlands.-History:The court was established in 1899 as one of the acts of the first Hague Peace Conference, which makes it the oldest institution for international dispute resolution.The creation of...
in The Hague
The Hague
The Hague is the capital city of the province of South Holland in the Netherlands. With a population of 500,000 inhabitants , it is the third largest city of the Netherlands, after Amsterdam and Rotterdam...
for ten years.
Cases
- Zakariya Rashid Hassan al-AshiriZakariya Rashid Hassan al-AshiriZakariya Rashid Hassan al-Ashiri , also spelled Al Asheri and Aushayri, , a forty-year-old Bahraini blogger and journalist, worked as an editor and writer for a local blog news website in Al Dair, Bahrain. He was killed on April 9, 2011 while in custody of the Bahraini Government...
, a journalist and blogger, who according to the Committee to Protect JournalistsCommittee to Protect JournalistsThe Committee to Protect Journalists is an independent nonprofit organisation based in New York City that promotes press freedom and defends the rights of journalists.-History:A group of U.S...
was the first journalist to die in Bahrain since 1992 when the organization began keeping records. - Ahmed Jaber al-QattanDeath of Ahmed Jaber al-QattanAhmed Jaber Ali al-Qattan was a 16 or 17-year-old Bahraini teenager who died in a hospital on 6 October 2011 after reportedly being hit in chest, abdomen and upper limb by bird pellet gunshots fired by Bahraini security forces during the 2011 Bahraini uprising...
was a 16-or-17-year-old boy who was killed from a shot to the abdomen at a protest. - Ali Jawad al-SheikhDeath of Ali Jawad al-SheikhAli Jawad al-Sheikh was a 14-year-old Bahraini who died in hospital on 31 August 2011 after reportedly being hit in the head by a tear gas canister shot by Bahraini security forces during the 2011 Bahraini uprising. The Bahraini government denied security force involvement in his death and offered...
was a 14-year-old boy who was killed at a protest from a head wound.