Report of the Bahrain Independent Commission of Inquiry

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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. 224
Chapter VI — Allegations of Human Rights Violations Against the Person and the Commission has not received any indication as to when it might conclude. 501 (2) Deaths attributed to torture 873. The Commission finds that five persons died as a result of torture. 502 Three of these deaths occurred while the deceased persons were in the custody of the MoI at Dry Dock Detention Centre. 503 The MoI conducted investigations into the circumstances surrounding all three of these deaths. The Commission concludes that all three deaths are attributable to mistreatment while in custody. 874. The MoI investigation into the death of Hasan Jassim Mohamed Maki concluded that his death was caused by medical negligence. 504 A prosecution was initiated against one doctor involved in Mr Maki’s case. The Commission concludes that this death can be attributed to his mistreatment whilst in custody. 875. The MoI investigation into the death of Ali Isa Ibrahim Saqer has resulted in the prosecution of five individuals. 505 On 25 May 2011, the MoI referred charges of manslaughter against two MoI personnel to a military court. A further three MoI personnel have been charged with failing to report this crime. The Commission concludes that this death is attributable to Mr Saqar’s mistreatment while in custody. 876. The MoI investigation into the death of Zakariya Rashid Hassan Al Asheri has resulted in the prosecution of five individuals. The Commission concludes that Mr Al Asheri’s death is attributable to his mistreatment while in custody. 506 877. The death of Abdulkarim Ali Ahmed Fakhrawi occurred at the BDF Hospital after he had been transferred from the custody of the NSA. 507 The NSA conducted an investigation into the physical abuse of Mr Fakhrawi but not into his death. The NSA investigation resulted in the prosecution of two individuals for physical abuse. The Commission considers that the NSA failed to conduct an effective investigation into Mr Fakhrawi’s death, which would satisfy the relevant obligations under international law. 878. The death of Jaber Ebrahim Yousif Mohamed Alawiyat occurred four days after he was released from the custody at the MoI Dry Dock Detention Centre. 508 The MoI failed to conduct an investigation into the death of Mr Alawiyat, and consequently has not complied with international law. 501 Case No. 10. 502 Case Nos. 22 to 26. 503 Case Nos. 22 to 24. 504 Case No. 22. 505 Case No. 23. 506 Case No. 24. 507 Case No. 25. 508 Case No. 26. 225
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Report of the Bahrain Independent Commission of Inquiry

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