New ruling means status does not provide safety from torture prosecution

Last week a British court published a ruling that could provide justice for victims of torture not just in Bahrain but also across the world.

Prince Nasser bin Hamad al-Khalifa

The ruling, denying immunity to Prince Nasser bin Hamad al-Khalifa, means the prince could face arrest in the UK for his role in the torture of pro-democracy protestors.

Backed by the Director of Public Prosecutions, the decision annuls the prince’s claims of immunity under the State Immunity Act (1978).

The case against the prince, brought to court by an anonymous torture survivor known only as FF, alleges the prince was directly involved in the torture of a group of detained prisoners during the pro-democracy protests in 2011.

FF claims he was beaten and imprisoned for joining the protests. So far, no members of the authorities face prosecution for their role in the ill-treatment, torture and death of dozens of protestors.

In July 2012, a dossier contained evidence that the prince had personally tortured protestors, yet no charges of torture emerged despite the prince regularly visiting the UK.

This ruling gives hope not only to FF, but also to fellow torture survivors who seek prosecution of some of the highest-ranked state figures.

In a press release, FF says the ruling should prompt Britain to “review its policy of co-operation and support for the Bahrain regime.”

Seeking justice is an important step in the rehabilitation of a torture survivor and many survivors of torture view justice proceedings as an integral part of their recovery. Prosecutions and public condemnation of torture also helps prevent the practice and brings to the surface the trauma that torture survivors face.

Also, this ruling shows that perpetrators of torture, no matter who they are, cannot hide forever. Regardless of social class, the message is that torture is a crime and, as with all crimes, there is an expectation of punishment for the perpetrators. No one is, or should be, immune from prosecution for the crime of torture.

Let us hope similar rulings continue to emerge to reiterate that torture and impunity must end.

 

Change in Bahrain is needed now, not in another three years

Despite a strong government crackdown on protestors, over 300,000 people took to the streets of Bahrain’s capital Manama on 14 February to mark the three-year anniversary of the Bahraini protests.

And despite three-years of torture, imprisonment, and even deaths of protestors, the demonstrations against the government do not seem to be slowing down.

The scene at the Bahrain anniversary protests (picture courtesy of BCHR)

But also what is not slowing down is the government’s resistance to relinquishing power to the people. On the anniversary march alone, over 50 people were injured by rubber pellets and tear gas fired by police.

The last three years have seen the Bahraini government, the House of Al Khalifa, use extreme force over protestors whom are campaigning for respect for human rights. In every protest, the government has repelled the protestors with the use of force. The result over three years is shocking: according to data from The Bahrain Center for Human Rights (BCHR), 93 people have died; more than 2,200 political prisoners remain in detention; and torture and enforced disappearances remain widespread on a daily basis.

The Bahrain Center for Human Rights (BCHR) has tracked the uprising since day one and Maryam Al-Khawaja, Acting President of the BCHR following the arrest of President Nabeel Rajab, knows in detail the harm the government can cause.

Her father, prominent human rights defender Abdulhadi al-Khawaja, has been imprisoned since April 2011 for allegedly plotting a coup during the pro-democracy protests. Maryam’s sister Zainab – who was recently released from detention – still faces a string of ‘anti-government’ charges. They are just two cases out of thousands who have been silenced by the government.

“People seem to assume that somehow the Bahrain revolution failed but I do not think it is fair to assess the revolution as ‘failed’,” said Maryam Al-Khawaja in a piece to World Without Torture. “It is just an inconvenient revolution – a revolution which is happening in a country which is solidly linked to the interests of the West in terms of oil, trading and so on that it would prove problematic to recognise as an active, powerful movement.”

Happiness on Bahrain.com, managed by the Bahrain Economic Development Board

Three years on, her assessment certainly still seems accurate. Aside from the occasional news report online, the world seems oblivious to Bahrain: the country is still portrayed as a safe haven for foreign investment and tourism; and large-scale international events, such as the Formula One Grand Prix, still continue to uphold the myth that Bahrain is free from unrest.

Yet the sheer numbers of protestors marking the importance of the ‘revolution’ tell a different story about the realities of Bahrain: its people want a democratic change from the 230-year-old Al Khalifa rule.

With human rights coming into question on a daily basis, it is a change that is needed – now, not in another three years.