Electric shocks, beatings on the soles of the feet, stress positions during incommunicado detention: those who allow this type of torture can and must be held criminally liable – even abroad. In September 2016, Bahrain-born British citizen Jaafar al-Hasabi submitted a criminal complaint to the District Court in Dublin, Ireland, against Bahraini Attorney General Ali Bin Fadhul al-Buainain concerning the Attorney General’s role in the torture.
The court refused to allow the private prosecution, but investigations are ongoing after a separate complaint was lodged with the Irish police. The case was brought in Dublin was while al-Buainain was due to attend the International Association of Prosecutors (IAP) annual conference held in Dublin from 11-16 September 2016.
Al-Hasabi, who now lives in London, was detained and tortured in Bahrain in 2010. Despite the United Nations’ expressed concerns as to his incommunicado detention and risk of torture, the Bahraini Attorney General authorized and prolonged his detention.The Swiss prosecutor decided not to summon the Attorney General for questioning while he was in the country, but did launch an investigation after confirming there was sufficient evidence to open proceedings.
In June 2016, al-Hasabi was heard as a witness. The NGOs call on the Irish and Swiss authorities not to hide behind diplomatic, political or economic justifications and on the Bern prosecutor to open an investigation in this case, in compliance with their obligations under the UN Convention against Torture.
ECCHR is supporting al-Hasabi, coordinating the legal steps and analyzing the responsibility of senior officials for severe human rights violations in Bahrain. This work is done in cooperation with London based organizations, the Bahrain Institute for Rights and Democracy (BIRD) and REDRESS as well as GLAN (Global Legal Action Network) in Ireland and TRIAL International in Geneva.
In September 2015, al-Hasabi submitted a criminal complaint to the prosecuting authorities in Berne (Switzerland). During that time al-Buainain was attending the annual IAP conference in Switzerland, where he was elected vice president of the organization.