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THE Bahrain Independent Commission of Inquiry has been asked to determine whether the events of February and March and the aftermath involved violations of international human rights law and norms, and to make the recommendations which it deems appropriate, writes Stan Szecowka.
Specifically, the Commission has been asked to provide a complete narrative of the events and the context for these events, describe any acts of violence that occurred as well as those involved in such acts and describe instances of alleged police brutality and alleged violence by protestors and demonstrators against the officers.
The Commission has also been asked to explore the circumstances and appropriateness of arrests and detentions, examine allegations of disappearances and torture, probe allegations of media harassment and other pressure tactics used against participants in demonstrations and public protests, discuss the alleged unlawful demolition of religious structures and describe the alleged involvement of foreign forces and individuals.
In an exclusive interview with GulfWeekly, commissioner Professor Sir Nigel Rodley explained why he felt it was important to reflect on and understand what happened during the unrest. He said: “Conflict and mistrust thrive on the unavailability of a version of events that is not rooted in the preferred discourse of competing segments of a population.
“That is why some system of accounting, the integrity of which all sides can have some confidence in, is a common feature of transitional justice arrangements.”
But how can he and his fellow commissioners prevent this from turning destructive and ending up as a ‘blame game’ between pro-government supporters and anti-government protesters?
“The blame game is already there,” he said. “It was on display at the public meeting we held on Sunday afternoon.
“We can’t guarantee that our findings will satisfy everyone, we merely hope that some credence will attach to a report that reflects the understanding of an experienced group of people whose only concern is to offer an independent and impartial account of the tragic events.”
Sir Nigel has been a member of the UN Human Rights Committee since 2001 and a Professor of Human Rights Law and International Law at the University of Essex since 1990, during which time he held the title of Dean of the School of Law for three years.
He also serves as a commissioner on the International Commission of Jurists. Previously, he held the position of UN Commission on Human Rights Special Rapporteur on Torture for eight years. He is well-published in the field of human rights having written and edited a number of works, including two editions of the book Treatment of Prisoners.
Sir Nigel has experience with Commissions of Inquiry having previously served as a member of the International Independent Group of Eminent Persons observing the Sri Lankan Presidential Commission of Inquiry between 2007 and 2008.
The Bahrain Independent Commission of Inquiry welcomes information and testimonies from the public as a central pillar of its work. Accordingly, the Commission will shortly announce dates for public hearings, and will also conduct more in-depth individual private hearings for victims and witnesses.
The Commission’s report will be completed by October 30 for submission to His Majesty King Hamad and it will be made public.
The Royal Order establishing the Commission provides for complete immunity to anyone testifying before, or submitting information to the Commission.
Its chairman Professor Bassiouni believes this new mechanism into looking at unrest is an ‘historic’ measure. “This has never taken place before,” he said. “This is the first time in history that you have a government – and I should emphasise an Arab government and Muslim government – that appoints an international commission to act independently, to look into events that occurred domestically.
“And - if you read the Royal Decree – to act with absolute freedom, to assess the situation and to report on it with complete freedom – quite frankly, I think that this will become a ground-breaking precedent that other governments which find themselves amidst tension, or difficult situations, will find useful to resort to.
“Having an external body of experts, such as those on this panel, whose international reputation is well-known and whose sense of firmness and objectivity is also well-known and well-established, can come and take a fresh look at things and take away the tension that exists and help the country heal.
“It helps bring about reconciliation.
“It also makes it easier for a government to accept recommendations and it gives a level of comfort to people that somebody is looking at things without covering them up.
“So, hopefully this will serve that purpose in Bahrain and, maybe, serve that purpose for other commissions to other countries.”
All dates, contact points and other relevant information is being published on the Commission’s website www.bici.org.bh
