Shaikh Khalid bin Ahmed Al-Khalifa, Minister of Foreign Affairs, sent an open letter to the Rt. Hon William Hague, British Foreign Secretary, to voice his objections to statements made in a recent letter by MP Dennis McShane with regard to the situation in Bahrain.
The text of the letter, dated 30 January 2012, is as follows:
Rt. Hon. William Hague MP
Secretary of State for Foreign and Commonwealth Affairs
London
Dear Mr. Hague-.
I refer to the “Open Letter” from Mr. Denis MacShane MP to you dated 8
January 2012, which my Government was surprised to see, and to which I wish to respond publicly. The assertions contained in Mr. MacShane’s letter are demonstrably misconceived. As Mr. MacShane recognises in his letter, it is difficult to render credible judgments from London, without having visited Bahrain. He is, of course, welcome here as part of an official delegation.
Our countries have shared a close cooperative relationship going back over two hundred years. We have always maintained the highest levels of cordiality and decorum in our communications. In the customary spirit of good relations between our nations, permit me this opportunity to make some observations on Mr. MacShane’s letter.
We could not agree more with Mr. MacShane about the urgency of reform.
The difficulty, however, does not lie with the will and acts of the Government, as I elaborate upon in detail below. Indeed, ever since the unrest abated at the end of
March 2011, and even before the Bahrain Independent Commission oflnquiry (BICI) issued its Report, the Government undertook significant, proactive actions to address the human rights violations that had, regrettably, occurred. The BICI dedicated an entire chapter of its Report (Chapter XI) to recognising these positive steps and remedial efforts. These meaningful actions are continuing at as rapid a pace as is possible. To reassure you of this, I highlight in this letter certain of Mr. MacShane’s incorrect statements (emboldened below), and in my response refer to paragraphs from the BICI Report so you and Mr. MacShane may be appraised of what has been unimpeachably established as hard fact
“Those responsible in Bahrain for the continuing repression, imprisonments, torture, and beatings up live in a culture of impunity … with Bahrain’s military and security forces seemingly controlled by hard-line elements, will the British Government be asking for assurances that Bahrain is serious about prosecuting
those responsible for torture and ending the culture of impunity within the police and military?”
Before the BICI Report was issued, charges against 20 officers for death, torture and mistreatment of civilians had been instituted. Twelve security officers had been prosecuted for death and injuries due to torture and mistreatment (~~ 875-877). As of today, the public prosecutor is pursuing 107 cases against 48 officers (so far) for deaths, injuries and torture of civilians. This is just the first step.
In his speech accepting the BICI Report, His Majesty said: “there will be no impunity”. The Government is committed to inculcating a zero-tolerance policy
towards impunity at all levels of the State and has said so. In order to institutionalise a culture of humane treatment and accountability:
• The BICI Report called for the adoption of “legislative measures requiring the
Attorney-General to investigate claims of torture and other forms of cruel, inhuman
or degrading treatment or punishment, and to use independent forensic experts” (~1719). We have done this. On 8 January 2012, the Cabinet approved legislative
amendments (i) giving the Attorney-General exclusive investigatory and prosecutorial powers with respect to claims of torture or other forms of inhumane treatment; and (ii) protecting any person raising such claims from any form of retribution. To operationalise this legislation, the Attorney-General has already established, or is in advanced stages of establishing, three new departments within his Office: (i) the General Department of Physical Evidence (consisting of forensic doctors and experts and related staff), which, although administratively housed in
the Attorney-General’s Office, is functionally independent; (ii) a human rights bureau with the sole responsibility for investigating torture claims and following up with the respective prosecuting attorneys; and (iii) a watchdog to monitor the integrity of criminal justice proceedings and the prosecution. The Attorney-General is currently working on the optimum legal and regulatory structures to protect complainants from retribution. As a functional matter, already on 8 December 2011 , all pending cases concerning torture and mistreatment of civilians were transferred to the Attorney-General’s office for prosecution.
• The BICI Report called for the establishment of “a national independent and impartial mechanism to determine the accountability of those in government who have committed unlawful or negligent acts resulting in the deaths, torture and mistreatment of civilians” (~ 1716). Setting up such a robust mechanism is crucial,
as is defining and legislating into Bahraini law “international standards of superior responsibility” as required by the same recommendation. Two world renowned QCs- including the former Legal Advisor of the Foreign & Commonwealth Office and the Emeritus Professor of Public Law at University College London – have been instructed to advise the Government on the best way to implement this recommendation.
I am confident this Government is committed to ensuring full accountability; the Report itself was part of that overall goal.
“ I have just learnt today (Saturday 7th January) that the head of the Bahraini Commission on Human Rights, Nabeel Rajab, has been severely beaten and arrested by police in Bahrain. ”
This statement is false. At no point was Mr. Rajab arrested or detained against his will. At all times Mr. Rajab was free to do as he pleased, go where he pleased, and communicate with whom he pleased.
There is no basis in fact to state that Mr. Rajab was beaten, much less “severely beaten” by the police. Video footage of the incident, freely available and widely circulating on the internet, reveals police officers discovering Mr. Rajab sitting on the floor, head in hand. The officers are seen inquiring into his well-being and the
conversation is civil, with no indication of trauma or harm being caused by the police. The video then shows officers escorting Mr. Rajab to an ambulance, lending him their physical support, which Mr. Rajab evidently does not require as he is seen walking unaided and using his mobile phone without interference. Throughout the
episode there is no antagonism between him and his police escort. The video footage from the hospital shows Mr. Rajab speaking freely. Subsequent to his discharge from the hospital within a short time, Mr. Rajab is seen walking confidently, healthily and briskly, again speaking on his mobile phone without interference.
In fact, Mr. Rajab’s own statements are inconsistent with one another:
• In one version, Mr. Rajab alleges that he ran “no more than 500 meters” from where he was standing before he was allegedly beaten in an alley while in another version
Mr. Rajab said that “maybe 25, 30 minutes later, I went out toward my car and they found me and attacked me.”
• In one version, Mr. Rajab is reported to state that “several riot policemen cornered him in an alley. He felt two hard baton blows on his back, then one of the officers punched him in the face, knocking him to the ground. The riot police then started to kick him as he hid his face in his hands.” When he shouted his name, “that altered the riot police’s behaviour immediately – the kicks and punches started to fall harder and more frequently.” In another version, Mr. Rajab is reported to state that “a Bahraini officer asked those beating him to stop and insisted on taking him to an ambulance.” A colleague of his stated that “after the police
realized he was Nabeel Rajab it was complete different treatment afterward. They took him to hospital.”
• In the hospital, Mr. Rajab states that his “face and head were bruised” and he was “bleeding from his mouth” while in another version Mr. Rajab states he “has trouble
standing now”.
The fact that Mr. Rajab was discharged from hospital care within 3-4 hours of his admission, following a comprehensive set of medical tests, as being fit and no longer needing to be kept under medical observation, does not support an allegation of a “severe beating”.
If Mr. MacShane, or anyone else for that matter, is aware of medical or other evidence that does support Mr. Rajab’s allegations, we would encourage that it be
brought to our attention. If there was any inappropriate conduct on the part of the police, my Government commits to taking full remedial action. It is the Ministry of Interior’s policy to investigate all cases where police misconduct is alleged and take appropriate disciplinary action.
“It is clear the Bahraini regime are ignoring all your calls for restraint and reform … It is now more than a month since the Bahrain Independent Commission of Inquiry (BICI) published its findings into the political unrest in Bahrain … So far there has been no sign that the Bahraini regime intends to comply with the recommendations laid out in the BICI report.”
The Government has committed to implementing the BICI recommendations, in their entirety, by the end of February 2012. We are working hard to complete this
important work in a tangible and lasting way. There is real momentum.
As on date:
• Seven recommendations have been implemented (1715, 1719, 1720, 1722(h) 1722h), 1722G), 1722(k), (1723(a)).
• Three recommendations have been implemented in part (1 718, 1722(g), (1723c)
Meaningful progress has been made on the remaining eighteen recommendations.
The Government, and indeed the entire nation, remains steadfast in its determination to implement the BICI recommendations in entirety by the end of February. These will improve the standard of living of all Bahrainis by remedying the wrongs of the past and making permanently better our governance institutions. The
Government’s focus is on long-term stability, security and enhancing the well-being of our citizens.
We invite you and anyone interested to follow our progress at our dedicated website: http://www.govactions.bh or on twitter @govactionsBH. A facebook page will also shortly be live if that is the preferred medium. As you know, we also keep your Embassy in Manama informed and our Embassy in London is available to provide any information Members of Parliament may require.
“Can I urge you at the start of 2010 [sic.] to call on the Bahraini authorities to release political prisoners … ?”
There is no political prisoner in Bahrain today. Not a single person is awaiting trial for political protest or activity or for exercising her or his right to free speech and assembly.
On 24 December 2011, the Attorney General announced that all charges relating to speech and assembly would be dropped, with cases only being pursued against persons accused of violent crimes. This decision by the Attorney General benefits 343 people. It was carried out against the background of the Government’s earlier decision to amend our laws so as to enhance the protection of freedom of expression and assembly in the country and of its citizens.
The Cabinet has approved amendments to the penal code to bring Bahrain’s freedom of expression laws into full accord with international human rights norms. In
short, the purposes of these amendments are to (i) protect free speech by ensuring that it can only be restricted within the country if it directly incites violence and (ii) delete all provisions that sanction speech made abroad by Bahraini citizens. This Cabinet initiative received positive reception in the BICI Report(~~ 1643; 1670-1676).
We are proud that these amendments make Bahrain one of the most advanced countries in the region when it comes to freedom of expression.
In addition, a judicial review process to ensure that fundamental principles of a fair trial were respected in all court proceedings involving the events of February
and March 2011 has been established under the auspices of the Supreme Judicial Council, the highest judicial body of the country.
Finally, on 9 January 2012, the ordinary civil court overturned the death sentences for two persons convicted of murdering two police officers on 16 March
2011 (~~ 1033-1041). This commutation of the death sentences also accords with the BICI recommendations 1722( i) (A) gesture of reconciliation and an essential first step towards dialogue and reform in Bahrain?”
From the very beginning of the unrest to date, the Government has been convening and driving inclusive dialogue. While most segments of society are active participants, there is one significant holdout that not only rejects dialogue, but actively opposes it.
The BICI Report outlines the negotiations undertaken by HRH the Crown Prince between 16 February and 12 March 2011 with “a wide array of political parties, business leaders and societal figures” and he particularly reached out to the two major groups under whose banner the demonstrators had gathered: Al Wefaq and the Gathering of National Unity (~~ 668-673). The far-reaching proposals of HRH the Crown Prince were accepted on 13 March 2011 by a majority of the relevant
parties as the basis for convening a National Dialogue. However, AI Wefaq continued to shift its redlines and “by 13 March … the opposition, particularly Al Wefaq, further amended its position by seemingly dismissing the option of entering into a national dialogue [and] primarily, it seems that some in the opposition parties,
particularly AI Wefaq, were unwilling to accept proposals presented by HRH the Crown Prince in light of what seems to have been a belief in their ability to achieve greater political gains given the momentum and strength of the protest movement.” (~~ 671, 673).
There can be no doubt that AI Wefaq’s insistence on playing politics, when statesmanship was what was required, was the major cause of prolonging the awful
chaos in my country last year and it lost opportunities for all of Bahraini society: “If HRH the Crown Prince’s initiative and proposals had been accepted at the time, it
could have paved the way for significant constitutional, political and socio-economic reforms and precluded the ensuing negative consequences. This was a particularly
important initiative bearing in mind that Bahrain is located in an important regional and international strategic location.” (~ 1692).
Despite AI Wefaq’s rejectionist stance, the National Dialogue mechanism was activated between July and August. This Dialogue led to a set of principles that could
form the basis of meaningful constitutional, political and socio-economic reform. A number of these principles have been acted upon by the Government and many find
reflection in the recommendations of the BICI and continue to be acted upon.
Through the summer of this year, the work and Report of BICI were described by certain hardline rejectionists as “fixed” and a “whitewash” – even before the process was complete. The BICI offices were ransacked and the Commissioners attacked. Indeed, Al Wefaq issued a “Shadow Report” to present the “true” story given a belief that the BICI would not give them a voice. This, you no doubt, appreciate, is simply false- the BICI Report is not a “whitewash”.
Most recently, His Majesty announced, implementing the very first recommendation of the BICI Report, the creation of a National Commission tasked with implementing the recommendations of the BICI Report (~ 1715).
Representatives from all segments of society are part of this Commission. AI Wefaq has boycotted this commission as well.
The Government will nevertheless continue to exert every effort to engage all Bahraini citizens in a constructive and inclusive manner.
It is not out of place to note that the process of dialogue cannot be subject to the unnecessary and unprovoked veto of a single but highly vocal fraternity. We have
a sincere desire for AI Wefaq to “come in” as it were, but we hope their minds have not been made up in advance: to programmatically and unconditionally reject everything the Government has done, is doing, and is going to do. This manifests itself in ways that impede, rather than enhance, the cause of progress towards a tolerant, pluralistic Bahrain. What is the purpose in emphasising, inevitably over emphasising, division and disunity?
“The Bahraini government has a history and reputation for not living up to their promises. ”
We trust you agree this is an uninformed statement.
“Understandably, many in the Bahraini opposition and international human rights community are sceptical about current reform initiatives.”
Once again, we fail to appreciate that scepticism about our reform initiatives is understandable. However, I deplore the language: the Bahraini opposition and international human rights community have been banded together as one and distinct from the Bahraini Government. Why should this be so? We share the same vision of universal human rights. Our record is consistent.
We have grave concerns that certain segments of the Bahraini opposition movements are being considered as pro-democracy and pro-human rights bodies when their public position is to the contrary: “Democracy … is entirely in conflict with Islamic roots” (Al Wefaq Newsletter, 25th September, 2009). Is their true sentiment to abolish the rights-based advances and tolerant culture we have spent decades cultivating? I only point to the incident of the Bahraini women’s rights law of 2005, when Al Wefaq and its allies opposed passage of a law that would raise the marriage age for women and require payment of maintenance to divorced women who are unable to support themselves. The record is clear; many more examples exist.
We welcome engagement with genuine human rights defenders and those that seek to advance a pluralistic and tolerant world. We will continue our efforts to do
so. Any information requests routed through our embassies will be responded to. It is not our practice, however, to negotiate through the media.
“ It is therefore fundamental that the UK and US governments act in concert to show the Bahraini government that we are serious in our demands for good
governance by our allies.”
The Government demands good governance of itself. It is responsible, and responsive, to the aspirations of our people. We invite and welcome constructive engagement by our allies, within the framework of mutual respect and mutual benefit.
“Three more protesters have died since the publication of the report, taking the total human cost of the uprising to around 50 lives.”
There is no “uprising”. According to the BICI Report there were 35 deaths that were linked to the unrest of which 19 were attributable to the State (~ 848).
Even adding the three unattributable deaths mentioned above to this total, Mr. MacShane’s statement exaggerates the death toll by at least 25% and if Mr.
MacShane refers to deaths attributable to the Government, the exaggeration rises to over 100%.
Each death is regrettable and one too many. However, it is simplistic to call the events of Bahrain an “uprising” or characterise it as Government mass and indiscriminate murder. The events in Bahrain, and my government’s ongoing, genuine and good-faith efforts to put matters right and promote reform and reconciliation, simply do not bear comparison to those elsewhere in the region .
“In the case of the arrested doctors, even more outrageous and unbelievable charges have been levelled”
No doctor or medical staff member was charged or arrested or harmed for treating patients. Some doctors were arrested for committing serious criminal offences at Salmaniya Medical Complex such as engaging in selective treatment of patients on the basis of communal or ethnic preferences and flagrantly breaching their medical oaths. This is extensively documented in the BICI Report. (834-837)
This is common sense really. If it were true that doctors were arrested as retribution for treating patients, then surely doctors from numerous hospitals and medical centres ought to have been arrested. This did not occur. The offending doctors came from one place only.
The charges against the doctors will be tested in court. This trial will be fair and transparent.
“If we do not take a stand in requiring allies to respect human rights, we risk damaging our own credibility … ”
Credibility in international relations depends on reciprocity and mutual respect. This requires that statements are meticulously checked for factual accuracy, for without the facts there can be no credibility.
As you know, Bahrain has been a leader in women’s empowerment; has a large educated English-speaking middle class; and is a model for plurality in Parliament and diplomatic service. Recently, a prominent New York City Rabbi, Marc Schneier, stated that “Bahrain is a role model in the Arab world for coexistence and tolerance of different faith communities.”
In closing, I hope you agree that the reforms achieved so far show a momentum that must be maintained. In his speech accepting the BICI Report, His Majesty set out the yardstick by which all our words and actions must be judged:
We do not want, ever again, to see our country paralysed by intimidation and sabotage. We do not want, ever again, to learn that our expatriate work-force, which makes such valuable contributions to the development of our nation, has been repeatedly terrorised by racist gangs. We do not want, ever again, to see civilians tried anywhere else but in the ordinary courts. We do not want, ever again, to experience the murder of policemen and the persecution of their families for the work they do in protecting us all; nor do we want, ever again, to discover that any of our law enforcement personnel have mistreated anyone.
There is no reason to doubt that all violations will be addressed effectively. We continue to move forward.
Let me not mince my words: during February and March 2011 , certain persons committed wrongs in name of the Government of Bahrain. The Bahrain Independent
Commission of Inquiry Report, asked for by the Government, revealed those wrongs.
The Government has accepted its responsibility for these wrongs. When the Report was published in late November 2011 , His Majesty the King of Bahrain committed that the Government would implement the Report’s recommendations in their entirety. The Government has said it will do this by the end of February 2012.
Despite the efforts of some groups to boycott and undermine the process, significant progress has been made on every recommendation and there is great momentum.
Please accept, Mr. Secretary, the assurances of my highest consideration.
KHALID BIN AHMED BIN MOHAMED AL-KHALIFA
Minister of Foreign Affairs
Kingdom of Bahrain