Report of the Bahrain Independent Commission of Inquiry

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Report of the Bahrain Independent Commission of Inquiry (3) Civilian deaths not attributable to a perpetrator 879. The Commission finds that eight civilians died during the relevant period and it was not able to attribute these deaths to a perpetrator. 509 In five cases the Commission was unable to determine the exact circumstances surrounding the death. The Commission finds that in three cases the deaths can be classified as intentional killings. The Commission is, however, unable to attribute responsibility for these deaths to specific persons. In two cases there have been no investigations into the circumstances surrounding the deaths and consequently has not complied with international law. 510 880. As has already been stated, the Commission is of the view that the totality of the evidence, presented by the MoI, indicates that the investigations lacked impartiality, independence and integrity resulting in findings that were, in many cases, flawed and biased in its favour. (4) Deaths of expatriate workers 881. The Commission finds that four expatriate workers died during the relevant period in connection with the events. 511 Two of these deaths are attributable to civilians and are categorised as intentional killings. 512 The MoI has initiated two investigations into the circumstances surrounding these deaths. One of these investigations has resulted in 11 individuals being charged with the murder of Mr Abdul Malik Ghulam Rasool. The MoI conducted an investigation into the death of Mr Farid Maqbul and this concluded that Mr Maqbul’s death was attributable to unknown perpetrators. 882. The death of Stephen Abraham is attributable to the BDF. 513 The Military Attorney General’s investigation found that the calibre and trajectory of the lethal bullet meant that it could not have been fired by the BDF. The investigation concluded that the BDF personnel appeared to have acted in accordance with the law. As has already been stated, the Commission concludes that the Military Prosecution investigations were not effective and consequently they have not complied with international law. 883. The Commission has been unable to attribute the deliberate killing of Mohamed Ikhlas Tozzumul Ali to specific persons or agencies. 514 The Commission considers that it is likely that Mr Ali was run over by a vehicle. The MoI has initiated an investigation into this death. The investigation has not resulted in the prosecution of any individual. 509 Case Nos. 14 to 21. 510 Case No. 18, Case No. 20. 511 Cases Nos. 27 to 30. 512 Case No. 27 and 28. 513 Case No. 29. 514 Case No 30. 226
Chapter VI — Allegations of Human Rights Violations Against the Person (5) Deaths of police officers and BDF personnel 884. Four police officers 515 and one BDF officer 516 died during the relevant period. The deaths of three police officers are attributable to demonstrators. 517 885. Police officer Ahmed Rashid Al Muraysi was run over by a vehicle at the GCC Roundabout on 15 March 2011. 518 Two individuals have been convicted of this murder. A trial took place before the National Safety Court. One individual received a life sentence while the other received the death sentence. 886. Police officers Kashif Ahmed Mandour 519 and Mohamed Farooq Abdul Samad 520 were run over by a vehicle near the GCC Roundabout on 16 March 2011. Seven individuals have been charged with these murders. Three of the accused have allegedly confessed to the crime. 887. The death of police officer Jawad Mohamed Ali Kadhem Shamlan is attributable to the BDF. 521 The Military Attorney General’s investigation found that the death resulted from the deflection of a bullet fired in legitimate circumstances. The investigation therefore concluded that the BDF personnel acted in accordance with the law. As has already been stated, the Commission concludes that, the Military Prosecution investigations were not effective and consequently that it was not in compliance with international law. 888. The Commission has been unable to attribute the death of Lieutenant Aziz Jumaa Ali Ayyad to specific persons or agencies. 522 The exact circumstances of Lieutenant Ayyad’s death are unknown. Consequently the Commission is unable to attribute his death to a particular agency or group of persons. The BDF has not initiated an investigation into the circumstances surrounding this death and consequently there has not been compliance with international law. 889. The number of deaths described above raises many issues about a widespread practice of excessive use of force, failure to conduct effective investigations and failure of those in the higher levels of the command structure to prevent and repress the excessive use of force through effective command and control of their subordinates in the field. 515 Case Nos. 31 to 34. 516 Case No. 35. 517 Case Nos. 31 to 34. 518 Case No. 31. 519 Case No. 32. 520 Case No. 33. 521 Case No. 34. 522 Case No. 35. 227
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Report of the Bahrain Independent Commission of Inquiry

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