Manama, December 04 /BNA/ Head of the Special Investigation Unit, Mr. Mohammad Khalid Al-Hazaa, confirmed the success of the unit in dealing transparently and firmly with all legal and human rights abuses, as the work of the unit over the years resulted in a noticeable decrease in the number of allegations of torture and ill-treatment year after year, which reflects the unitgaining the trust of the community and achieving the purpose of its establishment. It also reflects the legal and right awareness of the members of the public security forces considering the constitutional and humanitarian foundations and principles upon which the civilized development of our society is based. Since its establishment the unit has taken all the measures required for the investigation in cooperation with all the concerned authorities throughout the Kingdom’s territory.
In an exclusive interview with the Bahrain News Agency, which was held at the unit’s headquarters, coinciding with the occasion of the International Human Rights Day, and on the occasion of the passage of nearly ten years since the establishment of the Special Investigation Unit, Al-Hazzaa explained that attention to human rights in the criminal justice system is the way to the rule of law, as they are interconnected and strengthen each of them. The other indicated that the presence of the Special Investigation Unit within the judicial system in the Kingdom is the mainstay for eliminating all forms of torture or ill-treatment and achieving criminal justice; Due to its independent nature within the Kingdom’s judicial system and its unique competence to determine criminal liability against government officials who committed illegal acts that caused crimes of torture, abuse or ill-treatment.
Al-Hazaa affirmed the unit’s legal powers and procedural powers to protect victims of torture or ill-treatment and their families and anyone who provides information in related cases, within the framework of recent legislative amendments and structural and administrative updates added to the unit; Its work is in line with the international principles on the effective investigation and documentation of torture enshrined in the Istanbul Protocol.
Al-Hazaa indicated that the Kingdom of Bahrain is unique regionally and is internationally distinguished by many human rights, oversight and judicial institutions that were established with the aim of protecting the rights of accused and convicted persons in the criminal system, from the initiation of evidence and investigation procedures until the implementation of legal penalties, including the General Secretariat for Grievances, the National Institution for Human Rights, and the Commission rights of prisoners and detainees, and finally the Special Investigation Unit, whose establishment was a continuation of the establishment of these institutions; With its unique legal jurisdiction and independent judicial nature within the Kingdom’s judicial system.
Al-Hazaa said that the occasion of the International Human Rights Day, which falls on the tenth of December of each year and was chosen by the United Nations General Assembly on the same date as the adoption of the Universal Declaration of Human Rights, which is one of the most important major achievements of the United Nations; Being the basis of international human rights rules, the Kingdom of Bahrain has been and still is based on the protection of human rights and public freedoms as one of the basic rules to achieve its goals and future vision.
Al-Hazaa affirmed that the unit’s full commitment to the meanings, legal elements and relevant international conventions and standards, especially with regard to taking care of children’s rights and protecting them from abuse, as established by the Law of Restorative Justice for Children and Protection from Abuse, according to which the best interests of the child are the starting point in all judgments and decisions and procedures related to it.
Al-Hazaa pointed out that the Special Investigation Unit is an independent judicial body within the judicial system in the Kingdom. It was established by the decision of the Attorney General, Dr. Ali bin Fadl Al-Buainain in 2012, as a specialized and independent unit in the Office of the Public Prosecutor. Specialized in investigating and dealing with all crimes related to torture, ill-treatment or harsh punishment; committed by members of the public security forces during the performance of their duties, and its jurisdiction with respect to these crimes extends to the rest of the Kingdom’s territory.
Al-Hazaa confirmed that the International Principles for the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment recommend conducting 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 an entity or person who is the subject of investigation with the allegation of torture or ill-treatment. The establishment of the Special Investigation Unit, by its nature independent of all executive or judicial bodies entrusted with questioning, prosecuting, or supervising the allegation of torture or ill-treatment, or supervising the execution of the punishment, was the main guarantee for this.
As for the nature of work in this important specialty, Al-Hazaa explained that the unit performs all its legal competencies under the full authority of its head, and the attorney general supervises its work in administrative supervision, and the investigators are full-time to work in it and may not be exempted from their work or transferred to other judicial authorities without justification except on the basis of their desire, just as the unit has specialized divisions, headquarters, means of receiving communications, and training programs with local and international bodies, completely independent of all executive or judicial bodies in the Kingdom; This is in accordance with the international conventions and protocols related to its work, including as an important component of the Istanbul Protocol for the Investigation and Documentation of Torture Cases.
Al-Hazaa stressed the unit’s reliance in carrying out its work on several basic national and international legal references, including its instructions, which is an integrated guiding and practical document, dealing in detail in a specific manner with the nature of the unit, its objectives and the authorities entrusted to it, and a statement of its competencies, formation, tasks of its departments and divisions, and the means of collecting verbal, material and technical evidence. It was prepared in the light of the provisions of the law and the emerging legal principles, and based on the rules established in the Istanbul Protocol for the investigation and documentation of cases of torture and ill-treatment; Which is the base of the unit’s work and its guides to investigate the validity of the allegations raised before it. The unit also takes into account national and international codes of conduct and professionalism and relevant international conventions and protocols, such as the Code of Conduct for Policemen, 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, Inhuman or Degrading Treatment or Punishment.
On the importance of the unit’s commitment to the principles of the Istanbul Protocol to Investigate and Document Cases of Torture, Al-Hazaa explained that the Istanbul Protocol is the most important document dealing with international principles in the investigation of cases of torture and other cruel, inhuman and degrading treatment and punishment. Whereas, it was approved by United Nations in 1999, it collects many guidelines, which are the fruit of diligent work and continuous effort that lasted for more than three years of research, study, practical analysis and accurate formulation by a group of distinguished experts in law, health and human rights, numbering more than 75 experts from 15 countries belonging to 40 organizations and institutions concerned with human rights.
He also said that the protocol did not stop at compiling all the principles and rules contained in international conventions, covenants and charters related to confronting cases of torture and other forms of cruel treatment, but also developed the necessary guidelines that made it a guide to follow the exemplary ways of investigating and detecting these cases and confronting them. Those responsible for committing it, and the instructions contained in it clarified the approach that the authorities concerned with the fields of torture and other cruel treatment should follow in their work, their independence, the characteristics and characteristics of their employees, and the methods of access to detect cases of torture and extract evidence.
Regarding the details of the internal structure, Al-Hazaa explained that the unit is composed of several specialized divisions to accomplish its work and achieve its goals, as it includes in each of them a sufficient number of members, experts and specialists. The internal structure of the unit also consists of the Investigation Division, the Forensic Division, Psychological Support Division, the Communication and Media Division, the Information Division and Administrative Works Division, Judicial Police Division and finally the Victims and Witnesses Affairs Division, which was added to the unit at the beginning of this year in order to continue to carry out its work in accordance with the provisions of the law and international agreements and protocols related to its work, and to keep pace with legislative development, especially the amendments made by the legislator to the Code of Criminal Procedure and relating to the protection of victims and witnesses from the risks that may harm them.
With regard to the Division of Victims and Witnesses Affairs Al-Hazaa explained that the division’s multiple functions include communicating with the victims, their families, witnesses and anyone who provides information in the cases the unit is concerned with, in order to familiarize them with the legal procedures taken and the course of the investigation and its final disposal, as well as receiving and studying requests Imposing legally stipulated protection measures and implementing protection orders, in a manner that ensures the safety of the aforementioned groups from any dangers that may befall them, while contributing to raising the psychological and material damage that may befall them; By providing them with the necessary psychological support and guiding them about legal means of compensation.
Al-Hazaa explained the role of the unit in implementing the new restorative justice law, which was ratified by His Majesty King Hamad bin Isa Al Khalifa, the King of the country, last February. Children’s rights in the Kingdom of Bahrain, and it constitutes a new addition to the ongoing human rights and development process. The Attorney General, pursuant to Resolution No. (45) of 2021, added instructions for conducting investigation procedures into complaints submitted by children, so that the best interest of the child is the basic premise for protecting him and safeguarding his rights in all procedures, taking into account that they are integrated with his personality and his social and psychological conditions, and that they do not, in any way, negatively affect his upbringing or his future.
Al-Hazaa indicated that communication with the unit is available by all direct and indirect legal means, unlike complaints received from the Public Prosecution, the courts, or any of the human rights or monitoring bodies concerned with the protection of human rights, the unit receives complaints through written, electronic or telephone communications from the complainanthimself, his relatives, or any person who was aware of the occurrence of the crime, and the Communication and Media Division monitors any facts or allegations of torture, abuse or cruel treatment that are published or broadcast by any means of the media, or what is circulated on social networking sites and the Internet.
Al-Hazaa pointed out that the unit will seek, during the coming period, to establish more international partnerships with all parties concerned with human rightsawareness in the criminal justice system and It also aims to enhance therights of members of society and prepare workshops, educational materials and programs with the aim of eliminating all forms of torture or ill-treatment. He pointed out that more than twenty programs and training visits have been organized and prepared by the unit so far.
Al-Hazaa explained that the unit had received wide international acclaim at the international level during the conference on the protection of human rights in the criminal justice system, which was organized by the unit in cooperation with the United Nations Development Program. While the resident representative of the United Nations Development Program praised the efforts of the Kingdom of Bahrain in the field of human rights protection and the development of the Special Investigation Unit and called for the dissemination of Bahrain’s experience in establishing national institutions concerned with the promotion of human rights at the regional level.
Al-Hazaa concluded his speech by clarifying the unit’s orientation to support the capabilities of its members and affiliates, as there are many national and international partnerships for the unit with the aim of supporting and developing the legal and technical capabilities of its members and affiliates. Expertise in the field of human rights and work to enhance them. The unit also signed an agreement with the United Nations office in the Kingdom of Bahrain, regarding the project to build the capacities of the Special Investigation Unit, which aims, through the United Nations Development Program, to support and develop the capabilities of the unit to carry out its tasks in accordance with international standards to reach the highest levels of justice efficiency, transparency, and benefiting from the program’s expertise in the human rights field, through the assistance of international experts in the field of human rights to provide the necessary technical support; According to the latest international investigation methods adopted in the field of combating torture.
