Manama, Dec. 4 (BNA): The attention accorded to human rights in the criminal justice system is the way to the rule of law, the head of the Special Investigation Unit has said.
“The presence of the Unit in Bahrain’s judicial system is the mainstay for eliminating all forms of torture or ill-treatment and achieving criminal justice, based on its independent nature and its unique competence to determine criminal liability against government officials who committed illegal acts that caused crimes of torture, abuse or ill-treatment”, Mohammed Khalid Al Hazaa said.
As Bahrain is unique regionally and internationally, it is distinguished by its human rights strides, regulatory and judicial institutions, which were set up to protect the rights of accused and convicted persons in the system, from the initiation of evidence and investigation procedures until the execution of legal penalties, he added.
The Ombudsman, the National Institution for Human Rights (NIHR), the Prisoners and Detainees Rights Commission (PDRC) and the Special Investigation Unit (SIU), established are interlinked and reinforce each other, Al Hazaa said at a press conference marking the International Human Rights Day and the SIU 10th anniversary.
The Special Investigations Unit has been, since its establishment in 2012, taking all the measures required to conduct investigations in cooperation with all the competent authorities in the Kingdom.
The Unit endeavors over the years have resulted in a noticeable decrease in the number of allegations of torture and ill-treatment.
This reflects that the Unit has earned the trust of the commUnity and that it has achieved the purpose of its establishment thanks to its success in dealing transparently and firmly with all the legal and human rights abuses that came under its review over the years. civilization of our society.
It also reflects the legal and rights awareness of the public security members in light of the constitutional and humanitarian foundations and principles upon which the civilized development of our society is based.
Internationally, the Unit won wide acclaim during the conference on the protection of human rights in the criminal justice system, organized by the Unit in cooperation with the United Nations Development Program.
The United Nations Resident Coordinator in Bahrain affirmed that the Special Investigation Unit is a unique experience regionally and internationally.
The resident representative of the United Nations Development Program praised Bahrain’s efforts in human rights protection and the development of the Special Investigation Unit. He called for the regional generalization of Bahrain’s experience in establishing national institutions concerned with the promotion of human rights.
Moving forward, the Unit seeks to establish more international partnerships with all parties concerned with human rights in the criminal justice system.
It also aims to enhance awareness about the rights within the community and prepare educational workshops, materials and programs to help eliminate all forms of torture or ill-treatment. More than 20 training programs and visits have been organized and prepared by the Unit so far.
The International Human Rights Day, celebrated on December 10 annually, was proclaimed by the United Nations General Assembly on the same date as the adoption of the Universal Declaration of Human Rights, one of the major achievements of the United Nations, being the basis of international human rights norms.
Al Hazaa stressed that the protection of human rights and public freedoms represents one of the basic rules upon which the Kingdom of Bahrain was built in order to achieve its goals and future vision
He said that the SIU has legal powers and procedural powers to protect victims of torture or ill-treatment and their families and anyone who provides information in related cases, within the framework of recent legislative amendments and structural and administrative updates.
The SIU’s work is in line with the international principles on the effective investigation and documentation of torture enshrined in the Istanbul Protocol.
Al Hazaa stressed the Unit’s full commitment to relevant international conventions and standards, especially with regard to caring for children’s rights and protecting them from abuse, as established by the Restorative Justice for Children and Protection from Abuse Law, according to which the best interests of the child are the starting point in all provisions, decisions and procedures.
He indicated that Unit is an independent judicial body within the judicial system in the Kingdom, established as per edict issued by Attorney General, Dr. Ali bin Fadl Al Buainain in 2012.
The independent unit is specialized in investigating, disposing and initiating criminal proceedings in all crimes of torture, ill-treatment or punishment cruel; committed by members of the public security forces, because of, or during the performance of their duties, and its jurisdiction with respect to these crimes extends to the rest of the Kingdom’s territory.
Al Hazaa pointed out that the International Principles for the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment recommend prompt and impartial investigation whenever there are reasonable grounds to believe that an act of torture has been committed, through an investigative entity independent of any institution or an entity or person who is the subject of investigation into alleged torture or ill-treatment.
The establishment of the Unit as an entity independent of all executive or judicial authorities entrusted with questioning, prosecuting, or supervising the claims of torture or ill-treatment, or supervising the execution of the punishment is the main guarantee for this.
The Unit performs all its legal competencies under the full authority of its head. The attorney general supervises its work administratively, and the investigators are free to work in it, and they may not be excused from their work or transferred to other judicial authorities without justification except based on their wishes.
The Unit has specialized divisions, headquarters, and means to receive reports and conduct training programmes with local and international bodies, completely independent of all executive or judicial bodies in the Kingdom.
This is in accordance with international conventions and protocols relevant to its work, including as an important component of the Istanbul Protocol for the Investigation and Documentation of Torture Cases.
Al Hazaa said that the Unit relies in carrying out its work on several basic national and international legal references, including instructions governing work, which is an integrated guiding and practical document, in line with its nature and objectives and the authorities entrusted to it.
The competencies, formation, tasks of its departments and divisions, and means of collecting evidence are drawn up in light of the provisions of the law and the new legal principles, based on the rules established in the Istanbul Protocol for the investigation and documentation of cases of torture and ill-treatment.
“The Unit also takes into account national and international codes of conduct and professionalism and relevant international conventions and protocols”, said Al Hazaa, citing the Code of Conduct for Policemen, the Code of Conduct for Law Enforcement Officials, the Basic Principles on the Use of Force and Firearms, and the Declaration on the Protection of All Persons from Torture and Other Treatment or cruel, inhuman or degrading punishment.
Regarding the Unit’s commitment to the principles of the Istanbul Protocol to investigate and document cases of torture, Al Hazaa said that the Istanbul Protocol, which was adopted by the United Nations in 1999, is the most important document dealing with international principles in the investigation of cases of torture and other cruel, inhuman and degrading treatment and punishment, adopted by the United Nations in 1999.
The protocol stipulates guidelines that are the fruit of diligent work and continuous effort that lasted more than three years of research, study, practical analysis and accurate formulation conducted by more than 75 experts in law, health and human rights from 15 countries belonging to 40 organizations and institutions concerned with human rights.
Al Hazaa shed light on the internal structure of the Unit which includes the Investigation Division, the Forensic Medicine and Psychological Support Division, the Communication and Media Division, the Information and Administrative Business Division, the Judicial Police Division – each staffed with a sufficient number of members, experts and specialists.
The Victims and Witnesses Affairs Division was added to the Unit at the beginning of this year in order to continue carrying out its work in accordance with the provisions of the law and international conventions and relevant protocols related.
The move also aims to enable the Unit to keep pace with legislative development, especially the amendments made by the legislators to the Code of Criminal Procedure and related to the protection of victims and witnesses from the dangers and risks they may have to confront.
The new division communicates with the victims, their families, witnesses and anyone who gives information in the cases the Unit is concerned with, in order to familiarize them with the legal procedures taken and the progress of the investigation and its final disposition.
It receives requests for imposing protection measures stipulated by law and implementing the orders issued for protection. This is in a manner that ensures the safety of the aforementioned groups from any risks that may befall them.
It also contributes to raising the psychological and material damage that may befall them by providing them with the necessary psychological support and guiding them on legal means of compensation.
Al Hazza highlighted the role of the Unit in implementing the new Law on Restorative Justice ratified by His Majesty King Hamad bin Isa Al Khalifa in February.
He stressed the importance of the law to protect from ill-treatment, which represents a pioneering step forward in the justice system and the protection of children’s rights and a leading addition to the ongoing human rights and development process.
Attorney General Dr. Al Bouainain, pursuant to Resolution No. 45 of 2021, added instructions for conducting investigations into complaints submitted by children, so that the best interests of the children are the basic premise for protecting them and safeguarding their rights in all procedures.
SIU Chief Al Hazza said that procedure takes into account their social and psychological conditions, and in no way negatively affects their upbringing or their future, adding that communication with the Unit is available through all direct and indirect legal means.
“In contrast to complaints received from the Public Prosecution, the courts, or any of the human rights or monitoring bodies concerned with the protection of human rights, the Unit receives complaints through written, electronic or telephone communications from the complainant himself or through SIU monitors, the Information Division”, he said.
“Any facts or allegations of torture, abuse or cruel treatment that are published or broadcast by any means of the media, or circulated on social networking sites and the Internet are also probed”, he added.
Al Hazza stressed the significance of the SIU’s national and international partnerships to enable it to develop its members’ legal and technical competences, highlighting in this regard memoranda of understanding with the Ombudsman and the National Institution for Human Rights (NIHR) to exchange expertise and support practices.
The Unit has also signed an agreement with the Bahrain-based United Nations (UN) Office, regarding the SIU capacity-building project.
Supported by the United Nations Development Programme (UNDP), the scheme aims to develop the Unit’s capabilities to carry out its tasks in accordance with international standards and attain the highest levels of efficiency, justice and transparency and the latest international investigation methods adopted in combating torture, through the assistance of international experts.
AHN