Report of the Bahrain Independent Commission of Inquiry

Report of the Bahrain Independent Commission of Inquiry
arise from a reasonable use of force producing unintended consequences. In
addition, there were instances where government forces were ordered to
restrain forcefully the crowd or to remove the crowd from the GCC
Roundabout, and in these situations excessive force was used, as evidenced by
some of the deaths described in Part 2 of this Section.
867. The Commission was unable to establish whether the deaths that have
been categorised as intentional killings were carried out by individual police
officers, acting on their own initiative, or whether they were the result of a
policy of lethal use of force against demonstrators.
868. The Commission is unable to reach conclusions in relation to the
adequacy and effectiveness of the individual MoI investigations. However the
Commission considers that the totality of the evidence, presented by the MoI,
indicates a lack of impartiality, independence and integrity resulting in
findings that are, in many cases, flawed and biased in its favour.
869. The Commission finds that the death of Mr Abdulredha Buhamaid
may be attributable to the BDF and may have resulted from the use of
excessive and unnecessary lethal force. 498 The Military Attorney General
purports to have conducted an effective investigation, which found that
although the BDF did fire warning shots at the time, the calibre and trajectory
of the lethal bullet meant that it could not have been fired by the BDF. The
investigation concluded that the BDF personnel appear to have acted in
accordance with the law.
870. The Commission finds that the death of Ms Bahiya Alaradi is
attributable to the BDF and may have resulted from the use of excessive and
unnecessary force. 499 The Military Prosecution again purports to have
conducted an effective investigation, which concluded that the death was the
unintended consequence of a legitimate use of force.
871. The Commission concludes that in general the BDF did not use
excessive force. The BDF did not have a policy of the arbitrary deprivation of
life and, on the whole, it complied with the rules of engagement by using
minimal force in dealing with civilians. The Commission concludes that the
Military Attorney General’s investigations were not effective, did not satisfy
international standards and consequently they were not in compliance with
international law. This conclusion was reached on the basis that the Military
Prosecution investigators failed to interview civilian personnel outside of the
BDF, for example civilian witnesses to the shootings.
872. The Commission finds that the death of Jaafar Abdulla Ali Mayoof is
attributable to security forces but the Commission is unable to attribute it to a
specific government agency. 500 The MoI has initiated an investigation into the
circumstances surrounding Mr Mayoof’s death. The investigation is pending
498 Case No. 8.
499 Case No. 12.
500 Case No. 10.
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