AhlulBayt News Agency

source : BYSHR
Saturday

6 August 2011

7:30:00 PM
258112

Open Letter to:Head of the Bahraini Independent Commission of Inquiry (BICI)

Open Letter:Mr. Cherif BassiouniHead of the Bahraini Independent Commission of Inquiry (BICI)Dear Sir,Subject: Questions Relating to Your Interview with Reuters on 05/08/2011WE, at the Bahrain Youth Society for Human Rights (BYSHR), along with many people in Bahrain, had been very skeptical upon receiving news that a commission of inquiry, appointed by the King of Bahrain, had been established. Especially, since we were expecting one to be set up by the High Commission for Human Rights at the United Nations. This was until we heard the names of the individuals who were charged with the commission, for they were renowned for their work in international justice and human rights. We then became hopeful, that this may present itself as an opportunity for the victims of the latest human rights violations, to have their cases heard, documented and reported by a commission run by individuals whose reputation precedes them.We therefore welcomed the commission from the start (http://byshr.org/?p=662), and encouraged people to cooperate by testifying to your investigators, although many had been skeptical and frightened from coming forward. Consequently, you cannot imagine our disappointment upon reading the content of your interview with Reuters (http://www.msnbc.msn.com/id/44031665/ns/world_news-mideast_n_africa/#.Tj24QmHihWB). There are several points we wished to bring to your attention:1. You stated in your interview that: “It’s totally untrue that people are afraid of coming forward. It’s not the case that they don’t have anxieties, but that’s because they’ve had bad experiences and they don’t know where this is going.” WE, at the BYSHR work directly with victims, and have been active the entire period following the February unrest in documenting cases of torture, abuse and mistreatment. We do not hesitate in stating that from our deliberations with victims, many, if not most, have told us that they are genuinely afraid of the consequences of their testifying once your esteemed Commission has left. Yet they came forward, despite that fear, in hope that this may help the situation and document the mass violations that took place. This is also despite the fact that we could not provide any real guarantees for their safety other than, as you mentioned, “the kings promise” which for many victims is no protection.2. You stated in your interview: “What I have found so far is the extraordinary willingness of the minister to listen to anything we bring to his attention and act on it, whether it’s suspension of police officers, arrest of police officers, or release of detainees,”.“It leads me to believe that on his part there was never a policy of excessive use of force or torture…that doesn’t mean it didn’t happen. I think it was a case of people at the lower level acting, and there not being an effective chain of communication, control.”There are two point worth mentioning relating to this point. Firstly, we at the BYSHR believe that it is too early for a conclusion like that to be made given that the inquiry is still ongoing, and do not believe that cooperation on the part of the Minister exonerates him from responsibility. There are credible reports from international human rights organizations for many years now stating that torture and other violations in Bahrain are systematic. That you have concluded that it is not so, just 3 weeks into the investigation and before the commission concludes its work is unprofessional and puts the entire Commissions proceedings into question. Furthermore, it hurts the credibility of the Commission, as many victims now are refusing to testify to the commission when we refer them.Secondly, abuses, torture, and mistreatment that has reached this level, as to be condemned by the European Parliament, the General Secretary of the United Nations, Human Rights Watch, Amnesty International,Human Rights First, Frontline, FIDH, IFEX, High Commissioner for Human Rights as well as Doctors Without Borders, Physicians for Human Rights and others, can hardly be “ a case of people at the lower level acting, and there not being an effective chain of communication, control.” This statement removes the burden of responsibility from the people who make the decisions and is highly alarming. We are not discussing a small number of victims, we are talking about ALL the victims that we have documented, complaining of some form of torture. These complaints of torture can be collaborated by many reports by international human rights organizations as well as local ones. And sacrificing a small number of individuals at the “lower level” is unjustifiable and will not begin to explain the breadth, magnitude and similarities of torture methods used in different prisons and detention centers.We at the BYSHR respectfully request clarifications on the above mentioned points, for it may help in restoring the credibility of the Commission with the victims. We will continue to refer victims to the Commission as we had before, and will work on the documentation of the cases. We are willing to cooperate with the Commission in any manner that will serve the victims.Sir, your commission has a responsibility towards these victims, towards this country, the international community and towards history, to make sure that the truth is revealed.Thanking you kindly,Respectfully Yours,Mr.Mohammed Al-Maskati – President of the Bahrain Youth Society for Human Rights (BYSHR)Mr.Nader Al-Salatna – Vice President of the Bahrain Youth Society for Human Rights (BYSHR)/129