Bahrain’s Ombudsman office, an organisation that was established in light of efforts towards prison reforms and promoting justice has recently celebrated its 10th anniversary. Following the 2011 unrest and the BICI (Bahrain Independent Commission of Inquiry) report recommendations that asserted the importance of addressing the mistakes and challenges resulted by the unrest, the state established a number of institutions such as the Prisoners and Detainees Rights Commission, the National Institutions for Human Rights and the Ombudsman office.
The role of the Ombudsman is one of the highlights of prison reforms during the past decade. From periodic reports to acting as a link between prisoners and the authorities, the Ombudsman has on many occasions succeeded in playing a prominent role in addressing key grievances. However, many across Bahrain continue to disregard the role of such an institution either due to public unawareness of its role or due to complete disbelief in official institutions as part of political inclinations. While a higher input is generally expected from such institutions, their accomplishments and the change they have created should be taken into consideration.
Why was the Ombudsman Office established?
The Ombudsman is an independent office within the Ministry of the Interior that is mandated to investigate all complaints and requests submitted to it by the public. Its sister organisation, the Special Investigations Unit (SIU) is tasked with “carrying out criminal investigations into unlawful or negligent acts resulting in the deaths, torture and mistreatment of civilians”.
It was established following the state’s recognition of the BICI report findings and its recommendation No. 1717 and 1722. The findings of the BICI report deemed it necessary to address the grievances of prisoners, ensure prisoner justice and avoid human rights violations, some of which were recorded by the BICI commission in 2011.
What is the role of the Ombudsman office ?
The main role of the Ombudsman office is to receive oral and written complaints by prisoners regarding any misconduct or shortcomings inside the prison, mainly regarding the police. Hence, the office’s role is to investigate the complaints or related instances independently. In addition, it recommends disciplinary measures against policemen in case of proven violations. The Ombudsman office works closely with departments in the Ministry of Interior to ensure the proper flow of proceedings.
“Within the applicable laws in the Kingdom of Bahrain, the Ombudsman and members of his/her staff and the Office of Internal Affairs shall have the necessary powers to investigate into any and all matters relevant to the complaint under investigation in accordance with the provisions of this Decree, including:
- access to all premises, documents, computer files and other materials.
- seek information or evidence from any person.
Ministries, public officials and relevant bodies shall assist the Ombudsman and the Office of Internal Affairs by providing them with whatever they request of data, information and documents that are related to the subject of the complaint under investigation.”
Article 13, Decree No 27 of 2012
In order to ensure a just process, one of the rules of the royal decree issued for the establishment of the Ombudsman office is that in case of any conflict between the Ombudsman and the Deputy Ombudsman regarding any investigation, then the Ombudsman requests the Minister of Interior to appoint another independent investigator to look into the specific complaint. The Ombudsman is also obliged to submit an annual report of its work, investigations and findings.
The Ombudsman was commended on several occasions by international human rights organisations such as Amnesty international but also criticised for its lack of transparency and failure to address some of the alleged human rights violations in prisons. However, in recent years many measures have been taken to enhance the work of the Ombudsman office and maintain its independence as an investigative body. Some of the highlights of the Ombudsman’s work in recent years are:
Investigation of human rights violations
It has investigated allegations of mistreatment in prison during hunger strikes on several occasions and most recently in late 2023. Its investigations resulted in the Ministry of Interior announcing an improvement to prison conditions that eventually led to an end to the hunger strike and the relative satisfaction of the prisoners on strike.
Ensuring proper healthcare for prisoners
During the Covid 19 pandemic, the Ombudsman office ensured virtual visits for the families of prisoners, while quarantine measures were in place across the country.
Advocating for positive change in the criminal justice system
The office ensures the availability of educational and training programmes inside prisons and detention centers. It also carries out regular inspections of prison conditions to ensure the well-being of prisoners.
Evidence based investigation
The Ombudsman investigates all instances of death in detention, including those for which there are no suspicious circumstances. It relies heavily on CCTV evidence which on many occasions upheld complaints by providing evidence of personnel acting improperly. CCTV was installed throughout all detention centres, police centres and interrogation rooms after 2011 as a core recommendation of the Bahrain Independent Commission of Inquiry.
Despite certain challenges, the Ombudsman office remains to be one of the key developments of the criminal justice system in Bahrain since 2011. It has played a crucial role in being a driving force for prison reform and justice by reporting, addressing and investigating grievances and complaints.