As part of the world’s celebration of the 75th anniversary of the Universal Declaration of Human Rights, which is one of the most important major achievements of the United Nations; As it is the basis of international human rights rules, we had this meeting with the Acting Attorney General and Head of the Special Investigation Unit, Mohammed Khaled Al-Hazza, which is published by “Al-Bilad” newspaper in two episodes, to shed light on this device, which is considered one of the most prominent pioneering human rights achievements in ensuring public rights and freedoms in the Kingdom of Bahrain.
In the context of the meeting, Al-Hazza stressed the pivotal role of the Special Investigation Unit in protecting human rights in the criminal justice system, as it protects the rights of accused and convicts in the criminal system, from initiating evidentiary and investigation procedures until the implementation of legal penalties, in partnership with all national mechanisms, agencies and institutions concerned.
First, what are the specializations of the Special Investigation Unit and the goals it aims to achieve in the criminal justice system?
The Special Investigation Unit was established pursuant to a decision by Attorney General Ali Al-Bouainain in 2012. It is specialized in investigating, acting on, and initiating criminal proceedings in crimes of torture or inhuman or degrading treatment committed by members of the Public Security Forces during, due to, or on the occasion of the performance of their duties, with the aim of detecting its reality and identify those responsible for committing it as original perpetrators or accomplices, in light of the principle of command responsibility and pursue their criminal and disciplinary prosecution.
The Unit’s jurisdiction with regard to criminal proceedings in crimes subject to its jurisdiction extends to representing the prosecution before the courts, preparing pleadings, responding to defenses, and appealing judgments, as the case may be.
Through its work as an independent judicial body, the Unit seeks to protect human rights in the criminal justice system by affirming the rule of law, ensuring the accountability of perpetrators of crimes of torture or ill-treatment, and gaining the trust of litigants through the Unit’s independence and professionalism.
What is the purpose and concept of the Unit independence?
The International Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment recommend that: A prompt and impartial investigation shall be conducted whenever there are reasonable grounds to believe that an act of torture has been committed, through an independent investigative body, of any institution, entity or person who is the subject of investigation with the allegator of torture or ill-treatment.
The establishment of the Special Investigation Unit was judicial in nature, independent of any other party. It is the main guarantee for this, as the Unit exercises its legal powers under the full authority of its head, and the Attorney General supervises its work administratively. Investigators are also full-time to work in it, and they may not be exempted from their work or transferred to other judicial authorities without justification except based on their desire.
The Unit also has an independent headquarters, specialized divisions, means of receiving reports, and training programs with local and international bodies, completely independent of all parties, in accordance with international conventions and protocols relevant to its work, including the Istanbul Protocol to Investigate and Document Cases of Torture.
What are the standards of transparency that the Unit presents to the local and international communities, and the mechanism for announcing its procedures and publishing periodic statistics?
The Special Investigation Unit has followed the principle of transparency since its establishment, as it publishes periodic reports, which were monthly and then issued every 4 months, in which everyone is informed of the details of its work, the number and types of complaints it has received, the number of victims, witnesses and accused who have been questioned, and who has been investigated, they are presented to the Forensic Medicine and Psychological Support Division, and the report is also highlighted by publishing reports on the decline in the number of cases handled by the Special Investigation Unit, noting that the continued decline in the rates of crimes of torture and ill-treatment is evidence that we are on the right path.
It also publishes the cases that have been referred for criminal or disciplinary trials and the rulings and penalties issued in them, in addition to addressing any training programs that it implements. Recently, the Unit has been issuing annual reports that include details of its work for the years 2021 and 2022, which are published and available on the Unit’s website siu.gov.bh in Arabic and English.
The Unit also responds to any inquiries or international reports received from any party regarding the human rights situation in the Kingdom of Bahrain, to reflect the reality and refute any unfounded allegations, in light of the integrated human rights system in Bahrain.
What foundations does the Unit achieve in accordance with the principles of the Istanbul Protocol for Investigating and Documenting Cases of Torture and Ill-treatment? What national and international standards does it rely on in conducting its work?
First, I must clarify that the Istanbul Protocol is the most important document that deals with international principles for investigating cases of torture and other cruel, inhuman and degrading treatment and punishment, with the international principles, rules and guidelines it contains for investigating these cases and the mechanism for detecting them, collecting their evidence, and confronting those responsible for committing them, and the Unit considers it a beacon of its work and guide to investigate the validity and truth of the allegations raised before it.
In carrying out its work, the Unit relies on basic national and international legal references, including its work instructions, which are an integrated guidance and practical document that addresses in detail the nature of the Unit, its objectives and the powers granted to it, and an explanation of its powers, formation, tasks of its departments and divisions, and means of collecting anecdotal, material and technical evidence. It was prepared based on the provisions of the law and the new legal principles and based on the rules established in the Istanbul Protocol for investigating and documenting cases of torture and ill-treatment.
The Unit also considers national and international codes of conduct and professional codes and relevant international conventions and protocols, such as the Code of Conduct for Police Officers, the Code of Conduct for Law Enforcement Officials, the Basic Principles on the Use of Force and Firearms, and the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel Treatment, inhuman or degrading punishment.
What are the unit’s departments and divisions?
The Unit has several specialized divisions to accomplish its work and achieve its goals, and each of them includes a sufficient number of members, experts, and specialists. The internal structure of the Unit consists of 6 divisions: the Investigation Division, the Forensic Medicine and Psychological Support Division, the Communication and Media Division, the Information and Administrative Works Division, the Judicial Police Division, Finally, the Victims and Witnesses Affairs Division, which was added to the Unit at the beginning of the year 2021, with the aim of continuing to carry out its work in accordance with the provisions of the law and international agreements and protocols related to its work, and keeping pace with legislative development, especially the amendments introduced by the legislator to the Code of Criminal Procedure and related to protecting victims and witnesses from the risks that may arise.
How does the Unit receive complaints, and what is the mechanism for communicating with them?
Communication with the Unit is available in various ways. In addition to complaints received from the Public Prosecution, the courts, or any of the legal or regulatory bodies concerned with protecting human rights, the Unit receives complaints directly from the complainant himself, his family, or anyone who knew of the occurrence of the crime, whether by the traditional method or by coming to the unit and filing a complaint, or by electronic means available through the complaint filing service on the Unit’s website, or by communicating via email, via social media platforms, or even by phone. The Unit, based on the international standards established for its work, takes it upon itself monitoring complaints indirectly, through the Unit’s Communications and Information Division following up and monitoring the media and social networking sites, to identify any facts or allegations related to the Unit’s jurisdiction.
How does the Special Investigation Unit contribute to achieving compliance with constitutional and legal rules concerned with the protection and promotion of human rights?
The Kingdom of Bahrain has always been keen to establish respect and promote basic human rights and freedoms, and this was established by the country’s King, His Majesty King Hamad bin Isa Al Khalifa, and what was reflected in the constitutional rules and criminal legislation, with the procedural guarantees and punitive legislation it provided to prevent cases of torture, inhuman or degrading conditions, in accordance with relevant international agreements and standards, including the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Covenant on Civil and Political Rights, the Universal Declaration of Human Rights, and other international agreements, declarations and standards, which obligate States to take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory subject to its jurisdiction, and to conduct a prompt and impartial investigation whenever there are reasonable grounds to believe that an act of torture has been committed, through an investigative body independent of any institution or entity or a person who is the subject of investigation for alleging torture or ill-treatment.
Therefore, the establishment of the Special Investigation Unit was part of a package of legislative and administrative amendments to ensure the protection and promotion of human rights and to achieve compliance with the constitutional rules and relevant international agreements, with its independent judicial nature within the judicial system in the Kingdom of Bahrain, and its specific legal jurisdictions.
What goals has the Special Investigation Unit succeeded in achieving at the national and international levels, and what is its international standing more than a full decade after its establishment?
Since its establishment, the Unit has spared no effort in taking all necessary investigation measures with the aim of the truth. The Unit’s work over the years has resulted in a noticeable decrease in the rates of allegations of torture and ill-treatment year after year, amounting to about 70%, which reflects the acquisition of Unity for community trust, achieving the purpose of its establishment, and its success in dealing transparently, seriously, and firmly with all legal and human rights violations.
It also reflects the legal awareness of members of the Public Security Forces in light of the constitutional and humanitarian foundations and principles on which the cultural development of our society is based.
The Unit’s distinguished legal role also led to it being – since 2017 – an active member of the National Human Rights Committee, which was formed for the purpose of coordinating between all national bodies in all matters related to human rights. One of the most prominent achievements of that committee was the issuance of the National Human Rights Plan for the Kingdom of Bahrain for the years 2022 – 2026.
At the international level, Bahrain has succeeded in setting an example through its unique experience at the regional and global levels in establishing national mechanisms concerned with the protection of human rights, especially the establishment of the Special Investigation Unit, where the Unit has received many international commendations, including what the Resident Coordinator of the United Nations in the Kingdom of Bahrain mentioned at the international conference organized by the Unit in 2019 under the title “Protecting Human Rights in the Criminal Justice System,” when he stressed that the Special Investigation Unit is considered a unique experience regionally and internationally, while the Resident Representative of the United Nations Development Program in the Kingdom of Bahrain called in the same conference – to generalize Bahrain’s experience in establishing national institutions concerned with promoting human rights at the regional level.
Perhaps the successes that resulted from the work of the Unit are what led it to participate in international forums, as the Unit participated within the delegation of the Kingdom of Bahrain to discuss the fourth national report within the mechanism of the universal periodic review of the Human Rights Council in Geneva. The head of the unit reviewed before the Council the steps taken by Bahrain in dealing with allegations of torture and ill-treatment.
What do you think of the human rights system in the Kingdom of Bahrain, especially in the criminal aspect?
I previously indicated that the Kingdom of Bahrain has a unique experience in making legislative and administrative amendments and creating national mechanisms with specific competencies aimed at protecting human rights in the criminal justice system, such as amending Article 208 of the Penal Code regarding the crime of torture so that its definition and elements are consistent with what was stipulated in Article 1 of the United Nations Convention against the Crime of Torture, the establishment of the General Secretariat of Grievances, the National Institution for Human Rights, and the Commission for the Rights of Prisoners and Detainees.
Thus, the human rights system in the Kingdom of Bahrain is an integrated system that is compatible with international standards, unparalleled in the region, and seeks to protect basic human rights and public freedoms, establish the values of integrity and equality, and preserve the rights and gains of society’s members. This reflects the Kingdom of Bahrain’s keenness to achieving the sustainable development goals, especially Goal 16 related to peace, justice and strong institutions.
What partnerships has the unit formed during its years of work? What is its product?
The Unit has established many partnerships with national and international bodies and is always working to enhance joint cooperation between it and all parties, with the aim of supporting national efforts to protect and promote human rights. Examples of this include the memorandums of understanding signed in 2013 between the Unit and the General Secretariat of Grievances, and in 2015 between the Unit and the National Institution for Human Rights, which sets a detailed framework for dealing with complaints of torture and ill-treatment and aims to work jointly and facilitate reporting procedures and speedy exchange of information, leading to effective and productive investigations.
At the international level, the Unit signed an agreement in 2014 with the United Nations Development Program, aiming to enhance the unit’s capabilities and carry out its role in accordance with international standards. Based on that agreement, several international experts in fields related to the Unit’s work visited the Unit, and the Unit was also briefed on the past years based on the experiences of some similar devices in different countries.
What is the role of the SIU in terms of training?
The Unit fully believes in the importance of training. It has been keen from the beginning to develop the capabilities of investigators and provide them with the necessary experience by examining the successful experiences of counterpart agencies in many countries, in addition to participating in scientific and practical seminars and meeting with international experts in the fields of human rights and investigating similar allegations. This was done by activating the Unit’s partnerships with national and international bodies, which resulted in the holding of more than 20 training and educational programs and events in previous years, most notably the following:
The international conference organized by the Unit in cooperation with the United Nations Development Program under the title “Protecting Human Rights in the Criminal Justice System,” which is the first of its kind in the field of protecting human rights in the criminal justice system, with the participation of a number of judges, members of the Public Prosecution, and international experts in law and human rights from the United Kingdom, the Republic of Italy, and the Kingdom of Spain, heads and representatives of relevant institutions and agencies in the Kingdom, and members of the judicial authorities in the Gulf Cooperation Council countries. The conference reviewed the legislative and institutional efforts of the Kingdom of Bahrain in protecting human rights, and the role of oversight institutions in enhancing protection and the impact of that. All of them are in the criminal justice system, and international experiences in this field were also presented.
“The National Training Program to Strengthen the Capacities of those Concerned with the Protection of Human Rights in the Criminal Justice System,” which was organized by the Unit from October 2022 to March 2023, in cooperation with the United Nations Development Program, the Royal Academy of Police, and the Institute of Judicial and Legal Studies.
The program targeted officials and members of all national agencies concerned with the protection of human rights and those responsible for enforcing the law, as well as civil society organizations. The number of participants in the nine program’s activities reached about 900 participants, and its topics covered 50 topics, in which an elite group of national and international experts spoke, with a percentage exceeding 80%of Bahraini experts, with a prominent presence of Bahraini women in the training program activities, where the percentage of female speakers reached 30%.
