Report of the Bahrain Independent Commission of Inquiry

Report of the Bahrain Independent Commission of Inquiry
5. Conclusions
125. The above review of the legal framework of Bahrain leads to the
following conclusions:
a. There exists in Bahrain a multiplicity of organs holding law
enforcement powers. The authority that they exercise derives
from a number of statutes, including the Code of Criminal
Procedure, the Military Penal Code, the PSF Law and the
Decree Establishing the NSA.
b. The Code of Criminal Procedure remains the generally
applicable law during the execution of law enforcement
powers, unless otherwise indicated in other statutes.
c. Administrative control of law enforcement officers during the
execution of their duties is exercised by their respective
agencies.
d. There is a duplication of responsibility for the conduct of law
enforcement officials. According to the Code of Criminal
Procedure, the Attorney-General is responsible for overseeing
law enforcement officials and investigating allegations of
violations committed during the execution of their duties.
However, according to the Military Penal Code, the PSF Law
and the Decree Establishing the NSA, each organ is also
required to oversee the execution of law enforcement powers
by its officers, to investigate allegations of violations arising
out of the exercise of law enforcement powers and to take
criminal and disciplinary action against those law
enforcement officials under its administration and control who
are found to have violated an applicable law or procedure.
e. A similar duplication exists regarding the responsibility to
oversee the administration of detention facilities. According
to the Code of Criminal Procedure, these facilities are subject
to judicial oversight. Other statutes, however, particularly the
PSF Law, grant executive organs the authority to oversee the
administration of detention facilities, and more importantly,
vest these organs with the authority to hold their own law
enforcement officials accountable for violations committed
during the execution of their powers.
f. In the case of the PSF Law, which also applies to the NSA,
the decision to initiate criminal or disciplinary procedures
against law enforcement officials ultimately lies with the
Minister of Interior and the NSA Director in relation to their
respective agencies, and not with the judiciary or the legal
affairs departments of those agencies.
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