Report of the Bahrain Independent Commission of Inquiry

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).
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