Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions, Christof Heyns – Addendum – Observations on communications transmitted to Governments and replies received
HRC 23rd 27/05/2013 A/HRC/23/47/Add.5ved
Communication date 29/10/2012 regarding 2 minors, viollations alleged: Excessive use of force, date of government reply: 21/12/2012
JAL 29/10/2012 Case No. BHR 9/2012 State Reply: 21/12/2012 Allegations of excessive use of force during protests, resulting in the death of two children.
Character of reply: addresses some substantive issues
11. The Special Rapporteur thanks the Government of Bahrain for its response to this communication. In its reply, the Government indicated that the protests held on 17 and 28 September 2012 were not peaceful, which compelled the security forces to deal with them in accordance with their legal powers. The Government also provided information on the investigation into the deaths of the two children, specifying that the Special Investigation Unit concluded that the incidents constituted cases of lawful self-defence, and ordered the closure of the cases. In this regard, the Special Rapporteur welcomes the carrying out of investigations, but would appreciate additional details on the proceedings, in particular on the elements leading to the conclusion on the lawfulness of the killings and its conformity with the international law principles of necessity and proportionality. Finally, the Special Rapporteur is grateful for the information provided on policy measures undertaken in 2011 and 2012 for better regulation of the use of force and ensuring accountability of officials who committed unlawful acts. In this regard, he would like to stress the importance of ensuring that the international law understanding of the principles of necessity and proportionality is applied stringently in all legislative and policy acts at domestic level. The effective implementation of those measures will be of crucial importance as well.
Communication date 18/03/2011 regarding Group concern (10 identifiable individuals), viollations alleged: Excessive use of force, date of government reply: 14/12/2012
JUA 18/03/2011 Case No. BHR 3/2011 State Reply: 14/12/2012 Alleged excessive use of force by security forces against protesters.
Character of reply: addresses some substantive issues
113. The Special Rapporteur thanks the Government of Bahrain for its second reply, dated 14 December 2012, to this communication. The reply provides information on the Salmaniya case. The Special Rapporteur takes note of the conduct and results of the proceedings in this case, in particular of the retrial held in civilian courts against the medical personnel and the measures undertaken to ensure accountability for torture by the security forces. The Special Rapporteur would like however to refer to the observations made on this communication in his previous report (A/HRC/20/22/Add.4, para. 13) and requests that additional information be provided on whether the instructions given to security forces in the context of the demonstrations held in 2011 were in compliance with international standards on the use of force, providing inter alia that lethal force may be used only as a last resort with the sole objective of imminently saving another life. He would also appreciate updated information on the investigations conducted and any subsequent judicial proceedings into the alleged deaths and attacks against protestors and medical personnel, in accordance with the international standards on the duty of Governments to conduct thorough, prompt and impartial investigations on all suspected cases of extrajudicial, summary or arbitrary executions, leading to prosecution and punishment of all perpetrators. Information on the payment of compensation and redress to the victims or their families would be very much appreciated as well.
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