National Institution for Human Rights – Kingdom of Bahrain
moral damage during or by reason of performing his duty, which was caused by
any person, in addition to any other person who suffered material, moral or physical
damage because of these events, or for intervening to assist any of the aforementioned
victims in distress or to prevent victimization.
20. The establishment of the National Fund for Compensating Affected People
pursuant to Decree-Law No. (30) of 2011 is a positive step that enforces the Basic
Principles and Guidelines on the Right to Fair Remedy and Reparation for Victims
of Gross Violations of International Human Rights Law and Serious Violations of
International Humanitarian Law. This Decree-Law was followed by Decree No. 13
of 2012 concerning the Regulation of the National Fund for Compensating Affected
People, whereby a committee was established to consider the compensation claims
submitted to the committee and pay compensation for victims in accordance with
the provisions of the law. The Decree states that the committee will be composed of
five members, two of whom will be judges, two members to be selected from civil
society organizations, and one member from the government. The members should
be recognized for independence, objectivity, competence and integrity. However, no
resolution has been issued so far to nominate the members of this committee.
21. The Ministry of Justice, Islamic Affairs, and Endowment, in response to the
NIHR inquires in this regard, reported that, upon the recommendation of the
National Committee concerned with the recommendations of the report of Bahrain
Independent Commission of Inquiry, the Government created alternatives to resolve
the situation of affected people through the most prompt procedures, by adopting
the Civil Settlement Initiative, without prejudice to the right of those who do not
accept the proposed settlement to have recourse to the civil courts, and without
affecting any criminal accountability. Special courts have been established to hear
cases of compensation for 2011 events.
22. In compliance with this recommendation, the Ministry reported that it has received
requests for civil settlement since March 18, 2012. The Settlement Office of the Ministry
received nearly 84 settlement requests for death cases, and 420 settlement requests
related to injuries. The committee formed to consider requests for civil settlement
decided to compensate all death cases stated in the report of Bahrain Independent
Commission of Inquiry which totaled 35 cases, in addition to four other cases which
were not mentioned in the report. The compensation budget was approved in two
phases in the total amount of Two Million, Eight Hundred and Forty Thousand
Dinars, at the rate of Sixty Thousand Dinars per death case. The amounts were paid
to the eligible persons who have accepted civil settlement in full. With regard to
injury cases, the Committee began its consideration of the applications submitted
to the Civil Settlement Office totaling four hundred and twenty applications. The
applications were considered and entitlement to compensation was determined. 116
cases were identified in the first stage, and were referred to forensic examination in
order to indicate the injury rate. 75 applications were received in respect of these cases
up to date. The necessary measures are taken to determine the ratio of compensation
and commence compensation.
23. Concerning NIHR competence to receive complaints related to the right to physical
and moral integrity, NIHR, during the period from January to December 2013,
received 27 complaints, which included repeated allegations of acts amounting to
torture and other cruel, inhuman or degrading treatment or punishment. The number
of complaints received regarding exposure to torture and other forms of ill-treatment
during arrest was eight complaints. Seven complaints were received concerning
allegations of torture sustained in police stations, while ten complaints were received
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