[The following report was issued by CEARTAS (Irish Lawyers for Human Rights) on 15 April 2013.]
Report on Bahrain`s Attorney General Dr. Ali bin Fadhel Al-Buainain and his position in the International Association of Prosecutors
Executive Summary
This report, using evidence widely available, examines the role of Dr. Ali bin Fadhel AlBuainain, Attorney General of Bahrain, and his suitability as an Executive Committee member of the International Association of Prosecutors.
In 2012 Ceartas became concerned that the Attorney General was acting in such a way that puts his position as head of the Bahraini office of Public Prosecution at odds with international standards. Accordingly an investigation was conducted into three core areas where the Attorney General activities raised significant human rights concerns, (1) freedom of expression and assembly, (2) due process and fair procedures and (3) investigating and prosecuting on matters of torture. The investigation found that:
- Dr. Ali bin Fadhel Al-Buainain has and continues to oversee the prosecution of individuals for expressing their political opinions, which as a result denies citizens the right to freedom of expression. Additionally, the Attorney General has and continues to prosecute individuals for engaging in political protest, which in turn denies citizens their right to freedom of assembly.
- Dr. Ali bin Fadhel Al-Buainain has overseen the prosecution of defendants without adherence to their rights to due process and fair procedures.
- The office of Public Prosecution is not capable of investigating matters of torture, nor is it in a position to investigate impartially. In addition, the office has shown patterns of failure in the use of its statutory powers to supervise and investigate state detention facilities, which in turn has fostered a culture of impunity towards torture.
These findings demonstrate numerous breaches of international human rights laws and international standards, particularly those relating to public prosecution. As a result, Ceartas believes that Dr. Ali bin Fadhel Al-Buainain’s position as an Executive Committee member in the International Association of Prosecutors is untenable. This opinion is built upon the fact that the Objectives and Code of Conduct for Prosecutors, as well as the Executive Committee Protocol of the Association, are unequivocally clear in their aim to ensure the promotion of human rights, fair procedures, due process and ethical standards of prosecution.
[Click here to download the full report.]