Bahrain Mirror (Exclusive): In a curious development, the president of the Bahrain Independent Commission of Inquiry (BICI), Professor Cherif Bassiouni, said that the Bahraini government's claim that it completed the implementation of the Commission's recommendations, made in November 23, 2011, is not true.

This came in a special statement published on Bassiouni's official website, after international groups called on the BICI head to comment on what was attributed to him by the Government of Bahrain during his latest visit to the island kingdom in May 2016, which caused a big fuss in the media. This statement also coincides with a wave of international criticism against Bahrain, after toughening the sentence of opposition leader Sheikh Ali Salman from 4 to 9 years in prison.

"Of the Commission's 26 recommendations, only 10 have been substantially implemented [...] these efforts have, regrettably, not all been successful. But these efforts must be continued, particularly in light of the ongoing tragic events in the Arab region," said Bassiouni in the statement issued today, Monday (June 6, 2016).

Bassiouni explicitly called on the Bahraini government to release persons convicted on the basis of their political beliefs and actions, based on freedom of opinion and expression, which "includes 16 high-level persons convicted on such grounds. And, the pursuit of investigations of those responsible for the killing of five persons under torture and the ascertainment of their superiors' responsibility."

"The government's task is not over, even though the Commission's is," he further stated, adding that "this is not only required by justice, but it is needed to advance social justice and political reconciliation. Bahrain needs it for its future. And the region needs a positive example of an enlightened government and society in a region rife with human tragedies and human rights abuses. It is time for rulers and peoples in that region to do what is right, because it is the right thing to do, and end violence and repression."

Falsified Statements

The King of Bahrain Hamad bin Isa Al Khalifa had received Bassiouni in a formal meeting, during which the Minister of Justice, Khalid bin Ali Al Khalifa, delivered a long speech, while Bassiouni didn't give any address.

The Bahrain News Agency later published an article, in which it attributed statements to Bassiouni, claiming that he said: "During this visit, he was informed of the latest developments concerning the implementation of the recommendations of the Commission and appeared to him that the Government implemented the recommendations on reinstating the students to their universities and the employees in to their previous employment, and that the injured and victims received financial compensation without prejudice to their right to resort to competent civil courts; moreover, a Special Investigation Unit was established in the Office of the Public Prosecution, and the establishment of an office of Inspector General in the National Security Agency, as well as an the Ombudsman Office and retrials for those who were convicted before the National Safety Courts; and the punishment of transgressors; and changes in certain laws such as the Code of Criminal Procedures and Criminal Code; the training of police officers, judges, public prosecutors; and the regularization of condition of places of worship."

"He said that Bahrain was moving forward with reforms, which prompts the statement that the objectives of the BICI recommendations have been achieved, and that the main guarantee to maintain and build upon what has been achieved is a continuation of the reforms project launched by HM the King," BNA added in its article.

In today's statement, Bassiouni explained that "apparently, what was published substituted the word "recommendations" for "objectives" in the final paragraph, above. Thus giving the impression that all of the Commission's recommendations have been fully and completely implemented. That is not the case," adding that "what was accomplished were the objectives of the Commission, namely: to investigate, to establish the facts, and to make recommendations. The Commission was not tasked, nor was it authorized, to follow up on the implementation of its recommendations. That responsibility is incumbent upon the government of Bahrain."

Professor Bassiouni stressed that he felt it necessary to clarify his position in the following statement:

Full Text of Professor Cherif Bassiouni's Statement on the Bahraini government's claims that it completed the implementation of the BICI recommendations

"In 2011 the Kingdom of Bahrain went through an existential crisis. A confrontation took place between a segment of the Shicā population and the government, along with its Sunni supporters. The latter saw this as a precursor to revolutionary regime change. Gulf forces entered the country, which was on the brink of civil war. Violence and repression ensued.

With moral and political courage almost unprecedented in the Arab World, King Hamad appointed an International Commission of Experts to investigate the events and make recommendations for accountability and enhancing reconciliation, stability, and peace in that country.

The Commission, consisted of five world renowned distinguished jurists. It had total freedom of action in investigating what had occurred and received the full cooperation of all government agencies. This too was unprecedented in the Arab World. The commitment and dedication of the commissioners and the staff won nationwide recognition from all factions, as well as international recognition. Its members need to be recognized: Philippe Kirsch, former President of the ICC and former Canadian Ambassador; Sir Nigel Rodley, world reknowned, long time activist and scholar in the field of Human Rights and Professor at University of Essex, UK; Mahnoush Arsanjani, former director of the UN's Codification Division; Badria Al-Awadhi, former Dean of Kuwait University Law School; and myself as Chair.

The report was delivered at a formal ceremony convened by King Hamad and attended by over 600 persons from the government, parliament, other state institutions, academia, the diplomatic corps, representatives of civil society, and the media. I delivered a public summary, which lasted close to an hour, presenting the facts and the Commission's recommendations. The report was published, distributed widely, and put on a publically accessible website. It became the basis of in-country efforts to achieve accountability and justice. The King, the Crown Prince, and a number of members of the Cabinet, particularly the Ministers of Interior, Justice, and Education worked diligently to implement the 26 recommendations and to establish a reconciliation dialogue with the Shicā opposition. Over the last five years, these efforts have, regrettably, not all been successful. But these efforts must be continued, particularly in light of the ongoing tragic events in the Arab region.

On May 9, 2016, five years after the completion of the Commission's work, I was honored by the King at a formal ceremony in Manama. On that occasion I issued a public statement acknowledging efforts undertaken thus far, including the establishment of governmental follow-up commissions. Positive accomplishments must be acknowledged. But of the Commission's 26 recommendations, only 10 have been substantially implemented, while the other 16 have only been partially implemented. Two of them should remain a priority of the government, namely: the release of persons convicted on the basis of their political beliefs and actions, based on freedom of opinion and expression. This includes 16 high-level persons convicted on such grounds. And, the pursuit of investigations of those responsible for the killing of five persons under torture and the ascertainment of their superiors' responsibility.

The government's task is not over, even though the Commission's is. This is not only required by justice, but it is needed to advance social justice and political reconciliation. Bahrain needs it for its future. And the region needs a positive example of an enlightened government and society in a region rife with human tragedies and human rights abuses. It is time for rulers and peoples in that region to do what is right, because it is the right thing to do, and end violence and repression."

Arabic Version