(Ahlul Bayt News Agency) - The Bahrain Independent Commission of Inquiry found that ten individuals died as a result of the use of a shotgun by police officers or unidentified actors. Five individuals who died were shot in the back at close range, and a further three were shot in the head, also at close range. The Commission remarked in eight of these ten cases that there was no justification for the use of lethal force. One of the remaining two cases was outside its temporal mandate, and the circumstances of death in the final case were unknown. Additionally, while the Commission attributes the death of Hani Abdulaziz Abdulla Jumaa to non-shotgun gunshots fired by police (police during the crackdown are pictured carrying M4 rifles as well as shotguns), there are photographs of shotgun cartridges in the room where Hani was found bleeding.
The Bahrain Center for Human Rights has documented injuries caused by shotguns, including several cases of people who lost one or both eyes when they were hit with shotgun pellets in the face. Also, shotgun pellets were observed in the bodies of individuals whose cause of death was not shotgun injuries. This post by user alba7rany contains videos showing a few relatively recent shotgun injuries in Bahrain, as well as individuals receiving treatment in private homes for shotgun injuries to avoid arrest at a hospital.
In this post, I first list six manufacturers whose shotgun cartridges are used in Bahrain. I have identified five of these companies, and one was identified by someone in Bahrain. All five manufacturers are headquartered in an EU country, although one is owned by a US-based parent company. The identification of these companies is based solely on photographs of shotgun cartridges that were apparently used in Bahrain. At the moment, I have not figured out how these cartridges end up in Bahrain. Perhaps the ammunition is sold directly to the government, or maybe it is transferred through an intermediary. It is also possible that some of these cartridges are purchased and used individually by police or non-police thugs.
After I introduce the manufacturers, I'll examine an image comparing shotgun pellets supplied by the government with those extracted from the body of Ahmed Jaber Al Qattan, the latest casualty of the shotgun in Bahrain. The government claims that the mismatch in pellet size is evidence that Ahmed was not killed by police. However, as I will demonstrate, there is reason to be skeptical of this assertion. Finally, I'll conclude with an examination of a common claim by human rights organizations in Bahrain that the use of shotguns against humans is prohibited under international law. I'll show that the human rights organizations are unlikely to be correct on this point.
It's well-known that shotguns are commonly used for killing animals. However, what is perhaps shocking is that the cartridges found in Bahrain that I have been able to identify are specifically designed and marketed for hunting. A forum user remarks that the cartridge found in the room where Hani was shot is "a great pigeon cartridge." That company describes itself as a manufacturer of "quality ammunition for hunting and clay shooting." Another manufacturer boasts about a cartridge used in Bahrain: "for the serious hunter, the cartridges ... offer high quality and top performance ... particularly suitable for duck and woodland hunting." A cartridge that was used as recently as 6 January in Sanabis is made "for hunting with setters" according to the manufacturer. (A setter is a dog that hunters use to locate animals, typically birds, to shoot). The "recommended prey" for another cartridge includes various birds and rabbits. I want to emphasize that the cartridges that I have been able to identify seem to be the exact same editions of the cartridges that are marketed and commonly used for hunting. The cartridges do not appear to be any sort of "police shot" or "riot control shot." None of the cartridges bear any markings or words to indicate that they are intended for self defense or law enforcement use.
I've sorted the cartridges shown below by "first known use," which is the first date, that I know of, when the cartridges were used against protesters. Since I've only been able to locate a few images of cartridges, and most of my images are from the village of Al-Dair, it is likely that police or thugs used the cartridges before the "first known use" date that I have indicated. For each cartridge, I also specify a "last known use" date and a list of "known areas used," with the same caveat of incompleteness.
In cases where I have been able to identify the size of pellet (also called "shot"), the quantity of pellets in the cartridge, and the type of metal used in the pellets, I list this information as well. I glean these details from markings on the cartridge, manufacturer specifications, or from visual properties of the pellets or cartridge. Pellet sizes are often identified with a number or letter that corresponds to a specific pellet diameter. This table lists the sizes of shot for different countries, the approximate pellet weight, and the approximate number of pellets per 28 grams (1 ounce). US sizes F or bigger are typically called birdshot. Any US size smaller than F is typically called buckshot. Typical shot materials are lead or steel. US and EU size numbers agree for all birdshot sizes, so I'll assume US/EU sizes in the rest of this post.
Cartridge 1: Rottweil Tiger by Rottweil (Germany)
- First known use: 2009
- Last known use: 2009
- Known areas used: Unknown
- Known sizes of pellets used: Unknown
- Known cartridge weights: 32 grams (likely)
- Shot material: Lead
Cartridge 2: Victory Starlight by Victory Quality Ammunition aka G&L Calibers Ltd. (Cyprus)
- First known use: On or before 17 February 2011
- Last known use: 9 April 2012
- Known areas used: Al-Khamis, Sanabis, Kawarah, Sitra, Nabi Saleh, Jidhafs, Ma'ameer
- Known sizes of pellets used: #8 birdshot
- Known cartridge weights: 32 grams
- Shot material: Lead
In this 17 February 2011 photo, someone in an unidentified location in Bahrain holds a Victory Starlight cartridge.
This 19 March 2011 photo in Al-Khamis shows Victory Starlight cartridges on the ground of the room where Hani Abdulaziz Abdulla Jumaa was found. One appears to be #8 birdshot based on markings on the cartridge. According to a medical inspector working with Human Rights Watch, tissue fragments stuck to the ceiling and fragments of his kneecap found in the room are consistent with him being shot in the room at close range.
However, the Bahrain Independent Commission of Inquiry says that Hani was shot "while running away," and classifies Hani's death as "death from the use of another type of firearm," rather than "death from the use of a shotgun." Police were seen carrying M4 rifles during early March (perhaps M4A1 rifles, which the US is known to have sold to Bahrain).
Victory starlight cartridges are also visible in these videos. The second video is from 25 March, however I'm not sure where it was filmed.
In this 24 January 2012 photo from Kawarah, two unidentified cartridges appear on either side of what appears to be a Victory Starlight cartridge. The basis of identification is that a letter "T" is visible in the same orientation and position as the last "T" in "STARLIGHT" on Victory Starlight cartridges. The bottom of an "8" is visible on the cartridge in the same position as the "8" on the cartridge in the room where Hani was killed. This seems to indicate that this cartridge was filled with #8 birdshot.
In this 25 January 2012 photo from Sanabis, what appears to be a Victory Starlight cartridge is visible at close range. The basis of identification is that letters "T" and "L" are visible in the same oritentation and position as in "STARLIGHT." Also, the "32g" is in the same position as on Victory Starlight cartridges, and what appears to be the stylized "Victory" logo is printed below.
This 27 January 2012 photo from Nabi Saleh shows a Victory Starlight cartridge. Thanks to Twitter user @Proud_BH for linking me this picture!
This 27 January 2012 photo from Sitra shows what appears to be a Victory Starlight cartridge. The basis of identification is that a letter "A" is visible in the same orientation and position as the "A" in "STARLIGHT" on Victory Starlight cartridges. Thanks to Twitter user @Proud_BH for linking me this picture!
This 10 February 2012 photo from Sitra shows an individual holding five Victory Starlight cartridges. One of the cartridges appears to be #8 birdshot. Thanks to Twitter user @Proud_BH for linking me this picture!
This 10 February 2012 photo from Sitra shows an individual holding four Victory Starlight cartridges. One of the cartridges appears to be #8 birdshot. It is unclear if these four cartridges are also shown in the previous 10 February image. Thanks to @sayedahmed89, who seems to have taken this picture.
This 10 February 2012 photo from Sitra shows an individual holding a Victory Starlight cartridge. It is unclear if this cartridge is shown in the previous 10 February images. Thanks to @sayedahmed89, who seems to have taken this picture.
This 10 February 2012 photo from Sitra shows an individual holding five Victory Starlight cartridges. It is unclear if these five cartridges are shown in the previous 10 February images.
This 10 February 2012 photo from Sitra, for the first time, shows the headstamp on a Victory Starlight cartridge (right). The photo also shows what appears to be an unexploded tear gas canister, and rubber or plastic balls from an unknown source. This image is cropped from an original picture by Twitter user @sayedahmed89. The cropping removes some carpeting from the photo.
This 11 February 2012 photo from Jidhafs shows a Victory Starlight cartridge. The cartridge appears to be #8 birdshot. Thanks to Twitter user @Proud_BH for linking me this picture!
This 9 April 2012 photo from Ma'ameer shows five Victory Starlight cartridges (all except the fourth from the bottom). One of the cartridges appears to be #8 birdshot.
This 9 April 2012 photo from Ma'ameer shows an individual holding a Victory Starlight cartridge. It is unclear if this cartridge is shown in the previous 9 April image.
This 9 April 2012 photo from Ma'ameer shows a Victory Starlight cartridge. It is unclear if this cartridge is shown in the previous 9 April images.
Cartridge 3: Unidentified cartridge by Gamebore (UK) owned by Kent Gamebore (US)
- First known use: On or before 4 August 2011
- Last known use: 9 April 2012
- Known areas used: Al-Dair, Ma'ameer
- Known sizes of pellets used: #2 birdshot, #8 birdshot
- Known cartridge weights: 32 grams
- Shot material: Metal (apparently)
In this undated photo uploaded on 4 August 2011 by the Bahrain Center for Human Rights, an individual holds three Gamebore cartridges. Two are empty, one is full. Based on highly crude estimation, the full cartridge appears to be #2 birdshot or a shot with a larger diameter.
This undated photo uploaded on 4 August 2011 by the Bahrain Center for Human Rights shows three empty Gamebore cartridges. One of them appears to be #8 birdshot.
This 26 December 2011 photo in Al-Dair shows a Gamebore #2 birdshot cartridge.
This 6 February 2012 photo in Al-Dair shows two Gamebore cartridges (the two cartridges on the right).
This 9 April 2012 photo in Ma'ameer shows a Gamebore cartridge (the fourth from the bottom).
Cartridge 4: Unidentified cartridge by RC Cartridges (Italy)
- First known use: 16 September 2011
- Last known use: 16 September 2011
- Known areas used: Al-Dair
- Known sizes of pellets used: Unknown
- Known cartridge weights: Unknown
- Shot material: Unknown
Cartridge 5: V3 Feltro by Pegoraro Sport (Italy)
- First known use: 17 December 2011
- Last known use: 6 February 2012
- Known areas used: Al-Dair, Sanabis
- Known sizes of pellets used: Unknown
- Known cartridge weights: 36 grams
- Shot material: Lead
In this 17 December 2011 photo in Al-Dair, an individual holds up a Pegoraro V3 Feltro cartridge.
This 17 December 2011 photo in Al-Dair shows the bottom of a Pegoraro V3 Feltro cartridge. The cartridge appears to bear the inscription "Cheddite," which is a French manufacturer of empty shotgun cases. In other words, Cheddite doesn't manufacture or sell the pellets inside the cartridge, only the casing. Presumably, they sell the empty cases to Pegoraro who insert the pellets and then sell the complete cartridges.
This 6 January 2012 photo in Sanabis shows an individual holding a Pegoraro V3 Feltro cartridge. No one was injured by this shot, according to Twitter user SanabisYouths.
This 6 February 2012 photo in Al-Dair shows a Pegoraro V3 Feltro cartridge (the cartridge on the left).
Cartridge 6: PL 32 by Fiocchi Munizioni (Italy)
- First known use: Before 9 February 2012
- Last known use: Before 9 February 2012
- Known areas used: Unknown
- Known sizes of pellets used: Unknown
- Known cartridge weights: 32 grams
- Shot material: Metal (apparently)
Thanks to Twitter User @JeblatHabshi for this picture of four Fiocchi PL 32 cartridges, and two additional cartridges that may be Fiocchi PL 32s. The cartridges were apparently recently on display outside the village of Al Qadam.
Cartridge 7: Pro-One International Trap by Hull Cartridge (UK)
- First known use: 8 April 2012
- Last known use: 8 April 2012
- Known areas used: Al-Eker
- Known sizes of pellets used: #7 or above (see below)
- Known cartridge weights: 24.5g or smaller (see below)
- Shot material: Lead or other ISSF-approved material (see below)
The above photo from Al-Eker on 8 April 2012 shows an individual holding two shotgun cartridges. I modified the image to include (in the bottom left) a rotated and enhanced picture of the leftmost cartridge. This cartridge appears to be the Hull Pro-One International Trap cartridge. "International Trap" seems to be a reference to the olympic sport. The official rules for the sport, which specify what type of shotgun cartridges are allowed, can be found starting from page 361 of this document. Of particular interest is section 9.4.3.1 (p 366), which states that cartridges must not have more than 24.5g of shot, and the maximum allowable size for pellets is 2.6mm in diamater. A diameter of 2.6mm or smaller corresponds with US birdshot sizes #7 and above.
The basis of identification of the cartridge is the similarity between the image above, and the cartridge seen in the image below. The image below is from this online auction, which identifies the cartridge as the Hull Pro-One International Skeet. Note the similar color, the similar font, capitalization, and position of the word "INTERNATIONAL." It also appears that the "ONE" in "PRO - ONE" is visible in the above image. However, Instead of "SKEET," the text below "INTERNATIONAL" in the above image is more consistent with "TRAP."
Police birdshot or other birdshot?
The Gamebore and Victory Starlight cartridges seem to have 32g of shot. Using this table of shot sizes as a source, #2 birdshot means about 98 lead pellets or 143 steel pellets per cartridge. For #8 birdshot, there would be about 456 lead pellets per cartridge. For #9 birdshot, there would be about 650 lead pellets per cartridge. Alternatively, using the weights provided in the above image, the #2 birdshot would yield 89 pellets per 32g (meaning it is more consistent with lead than steel). The #9 birdshot would yield about 552 pellets per 32g (meaning it is more consistent with lead than steel).
The Gamebore and Victory Starlight cartridges seem to be 12 gauge (gauge is a measure of diameter of the cartridge itself, like caliber). Assuming that police only use 12 gauge shotguns, then the Rottweil Tiger cartridge would also contain 32g of shot according to Rottweil's website. The Pegoraro V3 Feltro cartridge contains 36g of shot. I've been unable to identify the number of grams of shot in Cartridge 4, due to insufficient markings and/or photos of the cartridge.
Looking at pictures of individuals in Bahrain who have died from birdshot at close range, the wounds on their bodies do not appear to indicate anywhere close to the around 650 pellets associated with #9 birdshot. In particular, the wounds on Ali Abdulhadi Mushaima's corpse seem to be consistent with a cartridge containing 98-143 pellets, and quite inconsistent with a cartridge containing around 650 pellets. Based on the dispersal of the pellets, it seems that the vast majority of the ammunition from the cartridge was transfered to Ali's back.
The Bahrain Independent Commission of Inquiry found that Ali was killed by police. Assuming a 32g shotgun cartridge, this would indicate that police probably used #2 birdshot to kill Ali. This suggests that the Ministry of Interior may be lying. Of course, this argument is not airtight, because there is no information about the size of the cartridge that killed Ali. However, only cartridge weights of 32g or larger have been observed.
In summary, there is very good reason to be skeptical of the Ministry of Interior's explicit claim that they do not use #2 birdshot, and their implicit claim that they only use #9 birdshot.
Is using birdshot against humans prohibited under international law?
The Bahrain Center for Human Rights, the Bahrain Youth Society for Human Rights, and the Bahrain Human Rights Society all agree that it is illegal under international law to use a shotgun against a human. The Ministry of Interior disagrees. There seem to be two main claims that I can find behind the belief that birdshot is internationally prohibited.
The Bahrain Center for Human Rights states:
Protocol 1 of the Convention on Certain Conventional Weapons (CCW) prohibits the use of shotgun or any other similar weapon as the Protocol states, ‘It is prohibited to use any weapon the primary effect of which is to injure by fragments which in the human body escape detection by X-rays.’
The Bahrain Youth Society for Human Rights provides a different rationale for their claim in this Gulf Daily News interview. The society claims:
... the pellet gun is illegal in most parts of the world. Any weapon in which the shooter doesn't know its target specifically is against the law because when police use it, it's not just rioters who are affected, but also bystanders.
Unfortunately for the human rights organizations, the Ministry of Interior is probably right, for the reason that international law regarding use of conventional arms typically applies only to "armed conflict." This ICRC paper explains the definition of a non-international armed conflict under international law, and notes that non-international armed conflict is distinct from "internal disturbances and tensions, such as riots, isolated and sporadic acts of violence." Under the criteria outlined in the paper, Bahrain does not seem to be an armed conflict. Specifically, this is because the protesters are largely unarmed, they do not seem to have any sort of military-like command structure, and violence by protesters is sporadic rather than sustained.
Should Bahrain's protests someday turn into an armed conflict, would these arguments against the use of shotguns be valid? Protocol 1 of the CCW seems to allow the use of any shotgun cartridge with metal pellets, as metal does not escape detection by X-rays. In fact, pellets in people's bodies are prominently visible in X-rays. Based on counting, the following 26 March 2011 X-ray from Bahrain shows more than 400 pellets embedded in the body of an individual. Assuming 32g of pellets, this would represent several #2 birdshot rounds, or fewer rounds with smaller pellet diameter. It would be consistent with a single #8 birdshot round.
As for the BYSHR's claim about indiscriminate weapons, Additional Protocol I of the Geneva Convention contains the prohibition on indiscriminate use of weapons, and inherently indiscriminate weapons. Before determining whether the prohibition applies to shotguns, first we must determine if Additional Protocol I would be applicable to an armed conflict within Bahrain. Additional Protocol I applies to international armed conflicts, as well as armed conflicts "in which peoples are fighting against colonial domination and alien occupation and against racist regimes in the exercise of their right of self-determination." If the situation in Bahrain escalated to an armed conflict, then Additional Protocol I probably would not be applicable, given that Bahrain is not suffering for colonial domination or alien occupation. However, it is still perhaps interesting to analyze whether the shotgun or its use might be considered indiscriminate if the situation in Bahrain was an international armed conflict. The relevant text about indiscriminate weapons and attacks in Additional Protocol I is:
4. Indiscriminate attacks are prohibited. Indiscriminate attacks are:
(a) those which are not directed at a specific military objective;
(b) those which employ a method or means of combat which cannot be directed at a specific military objective; or
(c) those which employ a method or means of combat the effects of which cannot be limited as required by this Protocol;
Specifically, this text prohibits both indiscriminate uses of weapons (a) and inherently indiscriminate weapons (b,c). The shotgun would probably not be considered an inherently indiscriminate weapon, as a number of military forces are equipped with shotguns, including the US Army, which has used them in armed conflicts as recently as the Iraq War. So, are the Bahraini police using shotguns indiscriminately? At least one of the manufacturers that may supply the Bahraini government also sells special shotgun cartridges that are designed to scatter pellets over a wide area. There is no evidence that these special scattering cartridges are being used in Bahrain. However, all cartridges will scatter pellets to some extent. It's unclear to me how Bahraini police commonly use shotguns, but the individuals that have died of shotgun blasts often seem to have been hit at close range and received the bulk of the pellets from the cartridge. Close range targeting of shotguns, while perhaps illegal under other provisions of international law, does not seem likely to qualify as indiscriminate.
In summary, both the BYSHR's claim that shotguns are illegal because they are inherently indiscriminate, and the BCHR's claim that shotguns are illegal under the Protocol 1 of the CCW are false, given that the situation in Bahrain is not currently an armed conflict. Even if the situation in Bahrain satisfied all of the prerequisites for the rules about undetectable fragments and indiscriminate weapons and attacks to apply, metallic shotgun ammunition would not seem to be illegal under Protocol 1 of the CCW, and the shotgun would not seem to qualify as an inherently indiscriminate weapon, though certain uses of it might be classified as indiscriminate.
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