The Bahrain Youth Society for Human Rights (BYSHR) releases this report to disclose the concept of ‘impunity’ approached by the Bahraini Authorities with the ‘dead’ victims which was documented by the ‘Bahrain Independent Comission of Inquiry (BICI)’ established by King Hamad bin Isa Al-Khalifa.

The report also includes cases that were documented by the BYSHR and other human rights organizations.

1. 8 cases of murder were referred to court out of 41 cases of death recorded by the BICI.

1-1) The security officers in 3 cases were sentenced with “7 years imprisonment in all cases”
1-2) Security officers were acquitted in two cases.
1-3) Two cases are still in court.

2. Two foreign workers were killed by the security forces and until now no investigation into their deaths was made.

3. Killing by the use of “shotgun”: 4 cases were referred to court; the court acquitted the security officers in two cases; 3 cases were not referred to court.

4. Killing by the use of “live bullets”: one case was referred to court while 4 other cases were not referred to court.

5. Death in prison: 3 incidents were referred to court, while two incidents were not referred to court.

6. Death in separate incidents: 11 cases were recorded by the BICI, however they were outside the specified timeframe, and they were not referred to court.

7. Death incidents that were not included in the BICI report: 11 death incidents that were caused by security forces, some were referred to the Public Prosecution, and the case was closed because the security forces were in the state of “self-defence”.

The Bahrain Youth Society for Human Rights (BYSHR) assures that the report did not include death cases that were caused by the intense use of teargas in closed areas which led to the death of at least 30 people (some of them were participating in protests and the others were randomly targeted in their homes.) (refer to the statement of the BYSHR : http://byshr.org/?p=1292 )

The Bahrain Youth Society for Human Rights (BYSHR) confirms that the Bahraini Authorities protects the human rights violators and practices the policy of “impunity” which leads to the increase of extrajudicial killings.

Report here-PDF

19 November 2012

“The BICI Reforms: Promises of Progress, a Worsening Reality” report evaluates the progress that has been made by the Government of Bahrain towards reforming its record of human rights violations, and marks the one year anniversary of the recommendations presented by the Bahrain Independent Commission of Inquiry (BICI).

The BICI report was a scathing critique of the authority’s behavior in the months following the start of the pro-democracy demonstrations in February 2011. It found that torture, extrajudicial killings, and warrantless arrests were common practice in Bahrain. Specifically in regards to the raids on homes and arbitrary arrests, the BICI report found that these operations involved “unnecessary excessive force, accompanied by terror-inspiring behaviour on the part of the security forces in addition to unnecessary damage to property” and that “the very fact that a systematic pattern of behaviour existed indicates that this is how these security forces were trained and how they were expected to act. This could not have happened without the knowledge of higher echelons of the command structure of the MoI and NSA.” It was never clearer that human rights abuses were a deeply rooted problem within the government.

The King’s promise that he would implement sweeping reforms to address these violations was initially met with a cautious degree of optimism by the authors of this report and many governments and NGOs around the world. Swift and earnest reforms could have represented a strong step forwards towards national reconciliation. One year later, the government has had ample time to act, but has, in general, only made superficial progress. Today, we look at Bahrain and see a government that puts its efforts into presenting the image of reforms, while continuing to commit the same human rights violations; in certain respects, the situation has grown worse.

This report is issued in conjunction with the Bahrain Rehabilitation & Anti-Violence Organization (BRAVO) and the Bahrain Youth Society for Human Rights (BYSHR).

Download Report “The BICI Reforms: Promises of Progress, a Worsening Reality”

15 November 2012

The Bahrain Youth Society for Human Rights (BYSHR) expresses its grave concern for the increasing human rights violations during the past weeks, which confirms that the Bahraini Authorities had been practicing a “state of emergency” or as it was called previously “National Safety State” with an official declaration.

Background:

In March 2011 after hundreds of thousands protested in the Lulu (Pearl) Roundabout (Manama), the King Hamad bin Isa Al-Khalifa issued a “Royal Decree No. 18 of 2011″, and this Decree was a declaration of a State of National Safety, a “state of emergency in the country”, and this continued for three months where the Bahraini Authorities practiced dreadful violations of human rights (refer to the Bahrain Independent Commission of Inquiry – BICI – report which was established by the King to investigate the violations : http://www.bici.org.bh/BICIreportEN.pdf)

Photo: Pearl roundabout after entering the army and the suppression of demonstrators

Photo: King Hamad bin Isa Al-Khalifa

Articles of declaring the State of National Safety “emergency state”:

The declaration of the State of National Safety which was issued by an order from the King consists of 15 articles in which the responsibility of the police, army, and National Guard was specified in Article “5″, where they were given the following measures:

1. Evacuate or isolate certain areas to maintain security and public order.
2. Regulate and ban public gatherings if they are deemed to be a threat to public order or national safety.
3. Regulate traffic and movement; impose curfews and places limits on travel outside the Kingdom whenever this is for the benefit of the citizens.
4. Temporarily regulate access to certain areas whenever it is in the public interest.
5. Organize opening and closing times for shops and public places whenever required by the public interest.
6. Search persons and places when suspicions exist of a violation of the provisions of this Decree or the decision or orders issued by the authority responsible for its implementation.
7. If a foreigner is deemed a threat to public security and safety or citizen, they may be deported or prohibited from entering the Kingdom.
8. If evidence arises that an association, club, union or other legal person is undertaking activity that disturbs public order, or working in the interest of a foreign State, or spreading a spirit of disunity among the citizens to cause disorder or disobedience in the Kingdom, its activity may be suspended.
9. If it appears that some of the printed, audio or visual media or informational networks would prejudice national security or undermine the Constitution, social or economic order of the Kingdom, it may be seized and denied publication or broadcast.
10. Regulate means of transport by land, sea and air and use them temporarily, provided that the owners and users of these means of transport are fairly compensated.
11. Arrest and detain suspects and persons deemed threatening to the security of citizens.
12. Withdraw Bahraini citizenship from all those whose presence is deemed to be a risk to public order and security and expel them from the country or detain them at secure locations.

State of National Safety “emergency state” without an official declaration:

The Bahrain Youth Society for Human Rights (BYSHR) observed increasing violations during the last weeks which confirm that Bahraini Authorities had implemented the “articles of the State of National Safety declaration” against the protestors in Bahrain.

Where the BYHSR observed the following:

1. Besieging the village of “Eker” after the Ministry of Interior claimed the death of a security officer during security confrontations between the riot police and demonstrators. The Ministry of Interior had blocked all the entrances of the village and prevented its residents from entering, and closed the school in the village. (Refer to the joint statement of the Bahrain Youth Society for Human Rights and the Bahrain Center for Human Rights: http://byshr.org/?p=1201)

Besieging the village of “Eker” is considered an implementation of articles (1/5 and 3/5) from the articles of the State of National Safety declaration.

2. The Minister of Interior issued a decision to ban gatherings and demonstrations. (refer to the statement of the Ministry of Interior: http://www.bna.bh/portal/en/news/531098?date=2012-10-30)

Banning demonstrations and gatherings is considered an implementation of article (2/5) from the articles of the State of National Safety declaration.

3. During last week, the Security Forces and a large number of security men dressed in civilian clothes (masked) besieged the area of “Muhazza” in the village of Sitra, where more than 70 houses were raided with the aim of searching and finding the accused, the residents were subjected to mistreatment and breaking house items sometimes. This continued for more than 4 days, and houses were raided more than once. The Bahraini Authorities arrested at least 4 people.

Photo: Houses were raided in the village of Sitra by security forces

At the same time, units of the “National Guard” were dispersed at the entrances of the village of Sitra and other areas of Bahrain. The Bahraini Authorities also arrested dozens of activists from other villages.

Raiding and arresting dozens from the village of Sitra and other areas is considered an implementation of articles (6/5 and 11/5) from the articles of the State of National Safety declaration.

4. The Minister of Interior issued a decision to revoke the Bahraini citizenship from 31 citizen (refer to the joint statement of the Bahrain Youth Society for Human Rights and the Bahrain Center for Human Rights: http://byshr.org/?p=1213)

The decision to revoke the citizenship from citizens is considered an implementation of articles (12/5) from the articles of the State of National Safety declaration.

5. The Bahraini Authorities prohibited several foreign journalists from entering the country and restricted the entry of international human rights organizations.

The decision to prohibit journalists and restrict international organizations is considered an implementation of article (7/5) from the articles of the State of National Safety declaration.

The Bahrain Youth Society for Human Rights (BYSHR) emphasizes that implementing the “articles of the State of National Safety declaration” without an official declaration of “state of emergency / national safety” in the country is with the aim of limiting international criticism towards the human rights violations and avoides the obligations of the Bahraini Authorities before the Human Rights Council and neglecting the Bahrain Independent Commission of Inquiry report which was established by the King.

The BYSHR demands:

1. Immediately and independently investigate the human rights violations that took place after the “Bahrain Independent Commission of Inquiry” report and to bring forth those responsible for the violations to justice.
2. Not to target political activists and human rights defenders inside Bahrain and in exile, and stop the decision to revoke their citizenship.
3. Implement the recommendations of the Universal Period Review to improve human rights conditions.
4. Release the detainees in cases related to freedom of expression and freedom of gathering.
5. Permit peaceful gathering and not restrict in breach with international conventions.
6. Permit foreign journalists to enter Bahrain to cover the political events and not restrict the international human rights organizations.

Bahraini authorities said that they installing video cameras in police stations to prevent torture and ill-treatment of detainees, But the cameras, introduced after an inquiry by Bahrain Independent Commission of Inquiry (BICI).

BICI Report: (1722/G)- “There should be audiovisual recording of all official interviews with detained persons”

The Bahrain Youth Society for Human Rights (BYSHR) monitored in recent months, cases of allegations of torture took place in the informal centers of riot police, But the detainees said yesterday (March 28, 2012) that they had been tortured in the police station in Isa Town.

The BYSHR met with victims of torture and ill-treatment in the village of Nuwaidrat and confirmed that they were tortured in the “Isa Town Police Station”.

@Isa Town Police Station

“I was beaten, insulted and spit on my face by the policeman at the police station” Mr.Makki Said, Was released after interrogation.

@Mr. Makki

“During the investigation, the officer running the video camera to record the investigation, but minutes later, police closed the video camera and hit me, then he operated the camera again” Mr.Mohammed Said, Was released after interrogation.

@Mr. Mohammed

OFF-CAMERA BEATINGS:

The Bahrain Youth Society for Human Rights (BYSHR) documented allegations of torture of approximately 100 demonstrators informal centers of riot police.

Informal Centers:

1-Chivalry Club ( In the Budaiya)
2-Municipal building ( In the village of Demistan)
3-Sport club ( In the village of Al-Aker)
4-Youth hostels ( In the village of Sanabis)

The Bahrain Youth Society for Human Rights (BYSHR) expresses its deep concern due to torture of demonstrators and demanded an immediate investigation into these allegations.

King Hamad bin Isa Al-Khalifa will today (Tuesday) receive the final report of the National Commission incharge of following-up the implementation of the Bahrain Independent Commission of Inquiry(BICI) recommendations.

Bahrain Youth Society for Human Rights (BYSHR) issued this report to shed light on convicted in the courts of the National Safety (military courts).

“More than 100 demonstrators are still behind bars because of the harsh sentences in the courts of the National Safety (military tribunals)” Mohammed AL-Maskati, president of the BYSHR, said.

Report : Click Here

9 August 2011

Mr. Mohammed Al-Maskati, President
Mr. Nader Al-Salatna, Vice President Bahrain Youth Society for Human

Rights Dear Mr. Al-Maskati, Dear Mr. Al-Salatna

Thank you for your letter of August 6. The BICI sincerely appreciates the cooperation and goodwill shown by you and all other segments of Bahraini society in relation to its work. The BICI will post on its website a statement regarding the nature and method of its work, which addresses the points you and others have raised. The statement is attached. With regard to the points you have raised:

1. The BICI is still at the beginning of its investigations. It has not reached any prejudgments or conclusions. We would like to emphasize that conclusions and recommendations will occur after investigations are completed, and a more complete record is established. Its work continues to be independent and free from any interference, either by the government of Bahrain, any other government, or any interest group, either within or outside of Bahrain. The BICI hires its own staff, conducts its own investigations, has its own budget, and acts in every respect as an independent commission (or as a UN commission would act).

2. In carrying out its responsibilities, the BICI has so far met with a number of government officials, as well as opposition leaders, representatives of civil society organizations, and individual victims and witnesses. It has conducted unscheduled visits to several detention and prison facilities, as well as police stations, and its investigators have spoken to persons detained outside the presence of any public official. It has also reviewed arrest and conviction records and has secured the release of a significant number of those detained with their pending cases dismissed.

3. All of the above has been done in cooperation with individual witnesses and victims, civil society organizations, and the government. The BICI’s chairman has publicly given credit to the Ministry of Interior, the Attorney General, and the Military Prosecutor General for their cooperation, and it is only fair to do so. This should not be interpreted as the BICI covering up, overlooking, or exonerating anyone’s responsibility for any illegal act, and no statements by BICI or any of its members should be construed as such.

4. The BICI wishes to acknowledge with appreciation the hundreds of victims and witnesses who have come forward with their information, and we understand that there are many others who for various reasons do not feel comfortable doing so. The BICI wishes to reassure them and others of the safety and privacy of these communications. We have taken and will continue to take all possible measures to safeguard the confidentiality of all information received, and we sincerely believe that there is no reason for anyone to believe otherwise.

5. One of the main objectives of the BICI is to investigate violations of international criminal law and international human rights law. Once we have concluded our investigations, it will be possible to determine whether such a large number of violations are the product of “state or organizational policy” (see the definition of crimes against humanity in the ICC’s Art. 7, para. 2; see also M. Cherif Bassiouni, Crimes Against Humanity: Historical Evolution and Contemporary Application (Cambridge University Press, 2011). This is separate from the individual determination of individual cases of torture under the Convention Against Torture to which Bahrain is a state party. (See Nigel Rodley & Matt Pollard, The Treatment of Prisoners Under International Law (Oxford University Press, 3d ed. 2009), and M. Cherif Bassiouni, The Institutionalization of Torture by the Bush Administration (Intersentia, 2010)).

6. Each of these crimes has separate legal elements that need to be established. There are also legal differences between individual criminal responsibility and the responsibility of superiors, which is more difficult to establish. In particular with respect to the latter, we need to establish whether superiors in the chain of command failed to take appropriate measures to prevent torture when they knew or should have had reason to know that torture took place. There is also command responsibility, when those in the chain of command failed to investigate and prosecute those who commit such a crime.

7. These considerations of international criminal law are not exclusive, since the Bahrain criminal code contains two provisions criminalizing torture (namely, Arts. 208 and 232). These provisions also apply with respect to torture and other forms of physical mistreatment which may be of a lesser nature, and we are not ignoring this source of national criminal responsibility. The BICI is diligently pursuing all of these leads, and it is premature at this point to reach any valid legal conclusions.

Lastly, please know that every Commissioner and staff member of the BICI is a dedicated worker in the field of human rights and international criminal justice. We look forward to the continued cooperation of all parties concerned, and we hope that the heightened level of anxiety that exists in Bahrain society does not carry anyone to any unfounded conclusions or judgments on the BICI and its work. We remain committed to the truth, and to continuing our work on the basis of impartiality, fairness, and neutrality.

Sincerely,

M. Cherif Bassiouni
Chair, Bahrain Independent Commission of Inquiry

Open Letter:

Mr. Cherif Bassiouni

Head of the Bahraini Independent Commission of Inquiry (BICI)

Dear Sir,

Subject: Questions Relating to Your Interview with Reuters on 05/08/2011

WE, at the Bahrain Youth Society for Human Rights (BYSHR), along with many people in Bahrain, had been very skeptical upon receiving news that a commission of inquiry, appointed by the King of Bahrain, had been established. Especially, since we were expecting one to be set up by the High Commission for Human Rights at the United Nations. This was until we heard the names of the individuals who were charged with the commission, for they were renowned for their work in international justice and human rights. We then became hopeful, that this may present itself as an opportunity for the victims of the latest human rights violations, to have their cases heard, documented and reported by a commission run by individuals whose reputation precedes them.

We therefore welcomed the commission from the start (http://byshr.org/?p=662), and encouraged people to cooperate by testifying to your investigators, although many had been skeptical and frightened from coming forward.

Consequently, you cannot imagine our disappointment upon reading the content of your interview with Reuters (http://www.msnbc.msn.com/id/44031665/ns/world_news-mideast_n_africa/#.Tj24QmHihWB). There are several points we wished to bring to your attention:

1. You stated in your interview that: “It’s totally untrue that people are afraid of coming forward. It’s not the case that they don’t have anxieties, but that’s because they’ve had bad experiences and they don’t know where this is going.” WE, at the BYSHR work directly with victims, and have been active the entire period following the February unrest in documenting cases of torture, abuse and mistreatment. We do not hesitate in stating that from our deliberations with victims, many, if not most, have told us that they are genuinely afraid of the consequences of their testifying once your esteemed Commission has left. Yet they came forward, despite that fear, in hope that this may help the situation and document the mass violations that took place. This is also despite the fact that we could not provide any real guarantees for their safety other than, as you mentioned, “the kings promise” which for many victims is no protection.

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