Ali Bin Fadhul Al-Buainain

09.05.2016 ( Last modified: 07.06.2016 )
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facts

Ali Bin-Fadhul Al-Buainain began his career as public minister of the

Kingdom of Bahrain in 1985. He became public prosecutor of Bahrain on 24

December 2005. He has a PhD in criminal law.

In February 2011, there was a period of civil unrest in Bahrain,

highlighted by an uprising calling for political reform. On 15 March 2011, the

government declared a state of emergency. National security courts were

established and given legal powers. The military prosecutor was entrusted to

carry out legal proceedings.

On 1 June 2011, the state of national security was lifted. In parallel,

the Bahrain Independent Commission of Inquiry (BICI) was created to investigate

violations against human rights that took place during the protests. On 23

November 2011, the BICI published its report, insisting on the need to proceed

with reforms to the judicial system, particularly the criminal authorities.

Throughout the uprising, numerous human rights defenders were arrested

and allegedly tortured; one of them, Jaafar Al-Hasabi, a British citizen borned

in Bahrain, was arrested in August 2010, allegedly detained in communicado, and

tortured for his political activities. He was allegedly victim of electric shocks,

beatings on the sole of his feet and that stress position. Al-Hasabi appeared

before the court of national security with 22 other political opponents for

belonging to, and for financing, a terrorist group aiming at the overthrown of

the government. Al-Hasabi was freed in February 2011.

Despite the United Nations concerns regarding the secret detention of

Al-Hasabi and the existing risk of torture , the public prosecutor,

Al-Buainain, authorised the extension of Al-Hasabi’s detention on two

occasions.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

On 8 September 2015, Al-Hasabi filed a criminal complaint in Bern

against the public prosecutor of Bahrain, Al-Buainain, for his alleged

participation in acts of torture. Al-Buainain was in Zurich for the

International Association of Prosecutors (IAP) conference on 16 September 2015,

where he was named vice president of the IAP executive committee

legal procedure

On 8 September 2015,

Al-Hasabi filed a criminal complaint in Bern against the public prosecutor of

Bahrain, Al-Buainain, for his alleged participation in acts of torture. This

complaint was filed before the public prosecutor, Al-Buainain, arrived in

Switzerland; he attended the annual conference of the International Association

of Prosecutors (IAP) in Zurich, Switzerland on 16 September 2015. Al- Buainain

was named vice president of the IAP executive committee.

On 13 September, a request was

filed for Al-Buainain to be summoned to appear in court. This request was

rejected on 17 September by the Swiss prosecutor on the grounds that

Al-Buainain had left the country.

However, the Swiss authorities accepted the case filed

by Al-Hasabi considering the existing evidence to be sufficient to open an

enquiry against Al-Buainain for his alleged participation in acts of torture.

Fact Sheet
Name: Ali Bin Fadhul Al-Buainain
Nationality: Bahrain
Context: Bahrain
Charges: Torture
Status: Other
Particulars: Criminal complaint filed on 8 September 2015 to the public minister of Bern (Switzerland). A request to appear in court was filed on 13 September 2015; the request was rejected on 17 September, after which Al-Buainain left Switzerland.