Will a British court deliver justice for Bahraini torture victims?

Campaigners are continuing with their attempt to hold a member of the Bahraini royal family to account over his alleged torture of pro-democracy protesters during the Pearl Roundabout uprising in February 2011. Their persistence is admirable and, it seems, they are making progress, step by step.

In 2012, a dossier drafted by the European Centre for Constitutional and Human Rights in Berlin was handed over to Britain’s Director of Public Prosecutions. It contains evidence to support allegations that Prince Nasser Al-Khalifa tortured three individuals during the protests which threatened to depose his family-based monarchy. The arrest and prosecution of the prince – a regular visitor to Britain – was sought on the basis of Section 134 of the Criminal Justice Act, 1988.

The SO15 War Crimes team of the Metropolitan Police stated later that the prince would enjoy immunity under the State Immunity Act 1978 as a member of the Bahraini royal family. The Crown Prosecution Service confirmed the decision in August 2012. Last October, however, Prince Nasser lost his immunity to prosecution, after a High Court judge ruled against the CPS decision.

Since that court ruling, a London-based Bahraini refugee known only as “FF” has been working with lawyers Deighton Pierce Glynn to collect new evidence about previous and new allegations of torture against Nasser Al-Khalifa. The prince came to Britain soon after the High Court ruling on “special mission” status, which gave him immunity from prosecution, ostensibly because he was in the country for diplomatic purposes.

This special immunity covered that particular visit and had the effect of preventing criminal action during the period of the mission. When Britain’s foreign secretary announced the expansion of a new naval base in and mainly financed by Bahrain, protesters gathered outside the Savoy Hotel, where Prince Nasser was attending a conference; they were moved on by the police.

On 20th March, the prince posted a photo on Instagram taken while he was jogging in Hyde Park. The diplomatic mission, and thus his “special mission” status and immunity had long since ended.

This spurred Deighton Pierce Glynn lawyers into action. They delivered their new dossier of evidence to the Metropolitan Police, specifically addressed to the War Crimes team at Scotland Yard. Although the exact contents of that dossier remain a mystery, it is thought to include a statement from a new witness who is willing to give evidence in a British criminal court.

Those seeking to prosecute Prince Nasser Al-Khalifa are optimistic. “I handed in evidence today which proves Nasser took part in torturing pro-democracy activists,” confirmed Ali Mashaima, a human rights activist who submitted the new evidence to the Metropolitan Police. “We will make sure victims finally breathe justice.”

According to “FF”, he has faith that the British justice system will be “independent and transparent” and that the immunity for Bahrain will finally be broken.

A letter asking the Metropolitan Police to carry out an urgent investigation, and consider interviewing the Prince whilst he is still in Britain, accompanied the dossier. It also asks the police to make a formal request for mutual assistance from the Bahraini authorities. The evidence was delivered in person to ensure that its contents remain confidential, in particular at this stage the identity of the new witness. It is believed that the Bahraini intelligence services are currently very active in London.

“We are calling on the Metropolitan Police to urgently open an investigation into the torture allegations since it seems Prince Nasser is in central London,” said Sue Willman of Deighton Pierce Glynn. “There are a number of lines of inquiry to be pursued and we are asking the war crimes team to agree to a meeting with us and our client.”

A police spokeswoman confirmed that the dossier had been received by Scotland Yard on Friday. “The information contained in the dossier will be examined by SO15 officers and given consideration in accordance with the agreed and published Crown Prosecution Service/SO15 War Crimes and Crimes Against Humanity guidelines,” she said.

If a full investigation is opened by the Metropolitan Police, it is sure to embarrass not only the Al-Khalifas, but also members of the British establishment. The Queen, Prince Charles and Prince Andrew meet regularly with the Bahraini royals, while the Foreign Office and Ministry of Defence manage the close alliance between the two states.

As a pseudo-protectorate of Saudi Arabia, support for Bahrain is considered to be essential by Riyadh in order to maintain the multi-billion pound energy and, in particular, defence deals which characterise its trade with Britain. Bahraini and British human rights activists, as well as international human rights organisations and a small number of British parliamentarians, have criticised David Cameron’s government for turning a blind eye to mounting human rights abuses in Bahrain; they have taken place almost continuously since 2011. The appeals have fallen largely on deaf ears, but although the British government is determined to support the brutal Bahraini regime, the British justice system may not be so accommodating.

The views expressed in this article belong to the author and do not necessarily reflect the editorial policy of Middle East Monitor.