Report of the Bahrain Independent Commission of Inquiry

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d. Deaths of expatriate workers Report of the Bahrain Independent Commission of Inquiry Four expatriate workers died during the relevant period. 467 Two of these deaths are attributable to civilians. 468 One death is attributable to the BDF. 469 The Commission has been unable to attribute the death of one individual to a perpetrator. 470 e. Deaths of police officers and BDF personnel Four police officers 471 and one BDF officer 472 died during the relevant period. The deaths of three police officers are attributable to demonstrators. 473 The death of one police officer is attributable to the BDF. 474 The Commission has been unable to attribute the death of one BDF officer to a perpatrator. 475 849. In addition to these 35 deaths which occurred within the relevant period, there were a further 11 deaths that are potentially linked to the events in February/March 2011. 476 These 11 deaths are examined independently in Part 2 of this Section. 850. The Commission’s investigators met with the families of deceased individuals and documented their statements. The investigators collated photographic and video evidence from the families, witnesses, the GoB and from publically available sources. In addition, information relevant to these deaths was received from political parties, 477 NGOs 478 and from the legal representatives of the families of the deceased. The Commission investigators also reviewed the information submitted by the MoI, Attorney General and the Military Attorney General. b) Applicable law (1) International Law 851. The following provisions of international legal instruments are relevant to the considerations contained within this chapter. Article 6(1) of the International Covenant on Civil and Political Rights (ICCPR) 479 provides: 467 Case Nos. 27 to 30. 468 Case Nos. 27 and 30. 469 Case No. 29. 470 Case No. 30. 471 Case Nos. 31 to 34. 472 Case No. 34. 473 Case Nos. 31 to 33. 474 Case No. 35. 475 Case No. 35. 476 Case Nos. 36 to 46. 477 For example, Al Wefaq National Islamic Society. 478 For example, The Bahrain Center for Human Rights (BCHR), Bahrain Human Rights Society (BHRS), Bahrain Human Rights Watch Society (BHRWS). 479 International Covenant on Civil and Political Rights 1966, entered into force 23 March 1976. 220
Chapter VI — Allegations of Human Rights Violations Against the Person Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life. 480 852. Article 7 of the ICCPR provides: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. 853. The Arab Charter on Human Rights (Arab Charter) is also relevant to a consideration of the deaths during the relevant period. 481 Articles 5 and 8 of the Arab Charter mirror Articles 6 and 7 of the ICCPR set out above. 854. Other relevant international instruments include the Code of Conduct for Law Enforcement Officials, 482 the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, 483 the Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions 484 and the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). (2) National Law 855. Relevant national laws include the Bahrain Penal Code, the Code of Criminal Procedure and the Public Security Forces Law. The deaths attributable to military forces are subject to the Bahrain Military Penal Code. Chapter III(E)(2) contains a detailed discussion of these laws. 856. The majority of deaths of protesters identified in paragraph 848 are attributable to the excessive use of force. An analysis of the applicable law governing excessive use of force in the context of demonstrations is contained in Chapter VI, Section B. 857. A number of the deaths that occurred in connection with the events of February/March 2011 may constitute homicidal offences under Bahrain criminal law. Article 333 of the Bahrain Penal Code provides for the punishment of anyone who wilfully kills another individual. Article 342 provides for the punishment of anyone who unintentionally causes the death of another person. Articles 22 and 23 set out the principle of causation. 480 The obligation to protect life includes the obligation to investigate plausible allegations of unlawful deprivation of life, to carry out a prompt, effective and impartial investigation of arbitrary or unlawful deprivation of life and to bring to justice those who may be responsible for such deprivation. It also requires the relevant agencies to ensure that their personnel are sufficiently trained and their operations sufficiently planned such that they can ensure compliance with the prohibition on arbitrary deprivation of life. See ECHR McCann and Others v United Kingdom Series A, No 324, Application No. 18984/91(1995); Human Rights Committee Amirov v Russian Federation UN Doc. CCPR/C/95/D/1447/2006 2 April 2006. 481 Arab Charter on Human Rights 2004, adopted by the Council of the League of Arab States on 22 May 2004, UN Doc. CHR/NONE/2004/40/Rev.1, entered into force 15 March 2008. 482 Adopted by GA res 34/169 (1979), 17 December 1979. 483 Adopted by the Eighth UN Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990. 484 Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions, E.S.C. res. 1989/65, Annex, 1989 UN ESCOR Supp. (No. 1) at 52, UN Doc. E/1989/89 (1989). 221
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a. March 2011 Report of the Bahrain
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Report of the Bahrain Independent Commission of Inquiry

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