National Institution for Human Rights – Kingdom of Bahrain
of torture and other forms of ill-treatment. According to its establishment resolution,
the unit will carry out its duties independently under the supervision of the
Attorney General, and will be chaired by a public prosecutor, assisted by a number
of experienced investigators. The unit will be supported as necessary to carry out its
tasks.
10. However, the said Special Investigation Unit, in its current form, does not have
the aspired independence and impartiality to ensure effective investigations. The
assignment of investigation into allegations of torture and other forms of ill-treatment
to the public prosecution may not be consistent. The public prosecution initiates
investigation with an individual who is accused of committing acts of criminal
law, while being at the same time a victim subjected to torture or other forms of illtreatment.
11. Nonetheless, the Special Investigation Unit commenced its functions since its
inception. According to the public prosecution response to NIHR inquiries, it has
investigated into 21 complaints, which included nine death cases that were referred
to the courts. The number of accused persons from members of the security forces
was 37, including six officers, with ranks ranging from lieutenant to major. However,
NIHR did not obtain confirmed information about the nature of the judgments
awarded on these cases, whether acquittal or conviction judgments, and the terms
for which the convicts were sentenced, since the Institution did not receive a response
to its communications from the unit in this regard.
12. Although the public prosecution, represented by the Special Investigation Unit,
made periodic statements through the local press about its work and the procedures
carried out regarding the allegations of torture and other forms ill-treatment, which
fall within the jurisdiction of the Unit, and the consequences arising therefrom,
these statements are brief and do not rise to the level of public reports which must
include the minimum information referred to in the Istanbul Protocol. Accordingly,
the statement-making methodology adopted by the Special Investigation Unit in this
regard should be reconsidered.
13. According to NIHR follow-up of the published judgments in the cases referred by the
Public Prosecution (Special Investigation Unit) to the competent criminal courts, it is
noted that there is discrepancy between the judgments awarded against the accused
persons in security cases, such as enticement of violence, riots, or other similar acts,
in which terms of imprisonment are usually long, and the judgments awarded
against the accused persons in cases of torture and other forms of ill-treatment by
the employees of the Ministry of Interior. The punishment in these cases is usually
diluted, which is not commensurate with the offense committed, or acquittal may be
awarded. Such approach, if proven, promotes impunity policy.
14. In order to complement the institutional structure in the field of protection of the right
to physical and moral integrity, and implement the recommendation of the report
of Bahrain Independent Commission of Inquiry No. 1717, which states that “The
Office of the Inspector General in the Ministry of Interior should be considered
a separate and independent unit of the Ministry organizational structure. The
duties of the Office of the Inspector General include receiving complaints and
grievances just as is the case in other countries”, Decree No. 27 of 2012 was issued,
as amended by Decree No. 35 of 2013, on the Establishment of an Independent Office
of the Secretary General of Grievances at the Ministry of Interior. This Office was
mainly mandated to receive and examine complaints made by any party against
any officer of the Ministry of Interior, whether civilian and military, and wherever
his work location is. In addition, the Office has absolute authority to visit prisons,
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