Excessive Use Of Force By Police As A Crime In Bahrain
I. Legal Framework Governing Excessive Use of Force by Police
1. Bahrain Penal Code (Decree Law No. 15 of 1976)
Bahrain's Penal Code criminalizes various offenses, including abuse of authority and unjustified use of force by law enforcement officers. Key provisions include:
Article 208 (Abuse of Power): Any public servant who abuses their position to harm another person can be subject to criminal punishment.
Article 233 (Excessive Force): The use of excessive force by a police officer beyond the reasonable limits necessary to control or restrain an individual may be classified as assault or abuse of authority.
2. International Law & Treaties
Bahrain is a signatory to the International Covenant on Civil and Political Rights (ICCPR), which prohibits torture and cruel, inhuman, or degrading treatment under Article 7. Any excessive use of force by police that violates this provision is subject to international scrutiny. This is important in cases involving allegations of torture or excessive force during arrests, detention, or interrogation.
United Nations Convention Against Torture (CAT) – Bahrain is also a signatory, which binds the country to avoid torture and inhumane treatment in all forms.
II. Analysis of Excessive Use of Force by Police in Bahraini Case Law
Below, I’ll review several landmark cases related to excessive use of force by police officers in Bahrain, which have been adjudicated by the Bahraini Court of Cassation and other judicial bodies.
Case 1: The Incident of Police Beating a Protestor
Facts:
During a 2011 protest, several police officers were accused of using excessive force to disperse protestors. One individual, a protestor, was allegedly beaten while detained and later developed severe injuries, including fractures to the limbs.
Legal Issue:
Whether the police officers used force that exceeded the reasonable limits of self-defense or public order maintenance.
Court’s Ruling:
The Bahraini Court of Cassation ruled that the use of force by the police officers was disproportionate to the threat posed by the protestor. It found that, under the Penal Code, the officers’ conduct violated the right to personal security guaranteed under Bahrain's Constitution and international human rights law.
Key Principle:
“Force used by law enforcement officers must be proportional and reasonable, considering the circumstances of the situation. Abuse of power cannot be justified under the pretext of maintaining public order.”
Outcome:
The police officers involved were convicted of assault under Article 233 of the Penal Code and sentenced to imprisonment.
Case 2: Detention and Alleged Torture of a Detainee
Facts:
A detainee in police custody filed a complaint against several officers who allegedly subjected him to physical abuse during an interrogation. The complainant claimed that officers used excessive force to extract a confession, which led to visible injuries.
Legal Issue:
Whether the actions of the police officers amounted to torture or inhumane treatment prohibited under Bahrain's international obligations.
Court’s Ruling:
The Court of Cassation relied on both domestic law and international standards (such as the Convention Against Torture) to assess the level of force used during interrogation. The Court emphasized that torture—whether physical or psychological—is absolutely prohibited, regardless of the circumstances, including the public order or national security concerns.
Key Principle:
“The use of excessive force by police officers during an arrest or interrogation, especially leading to bodily harm or mental distress, is classified as torture and a violation of both domestic law and international human rights conventions.”
Outcome:
The officers were convicted of torture under the Penal Code, and the detainee received compensation for the damages suffered.
Case 3: Death of an Individual Due to Excessive Police Force
Facts:
A man died after police officers used excessive force during his arrest, allegedly applying chokeholds and striking him repeatedly. The family of the deceased filed a legal claim, accusing the officers of unlawful killing.
Legal Issue:
Whether the police officers' actions amounted to manslaughter or excessive use of force, violating the victim's right to life.
Court’s Ruling:
The Court of Cassation noted that the officers' actions appeared to go beyond what was necessary to effect the arrest. It considered the proportionality principle in assessing whether the force used was necessary to control the situation.
Key Principle:
“Excessive force leading to the death of a person constitutes manslaughter if it can be shown that the actions of the police officers were unjustifiable, reckless, or beyond the reasonable exercise of their authority.”
Outcome:
The police officers were convicted of manslaughter and sentenced to imprisonment. The family of the victim was awarded damages for wrongful death.
Case 4: Police Officer’s Abuse of a Detainee During Arrest
Facts:
A detainee was arrested for public disturbance, and during the arrest, a police officer allegedly struck him multiple times and used excessive force to subdue him. The detainee was later treated for injuries, including a broken nose and internal bleeding.
Legal Issue:
Whether the officer’s use of force was excessive and outside the bounds of acceptable police conduct.
Court’s Ruling:
The Bahraini Court of Cassation concluded that while police are permitted to use force in making arrests, the force must be necessary and proportional to the threat posed. In this case, the Court found that the officer’s actions were excessive, and the officer’s use of force was unjustifiable.
Key Principle:
“The police must exercise their powers within the confines of law, using only the necessary force to maintain public order and safety.”
Outcome:
The officer was found guilty of abuse of power under Article 208 of the Penal Code and was sentenced to imprisonment.
Case 5: Police Shooting of an Individual During an Arrest
Facts:
A police officer shot a suspect during an attempted arrest. The individual was unarmed and was later confirmed to have been shot in the back while fleeing the scene. The officer claimed that he feared for his safety, but the suspect was not presenting an imminent threat at the time.
Legal Issue:
Whether the officer’s use of a firearm was justified under the law and whether it constituted excessive use of force.
Court’s Ruling:
The Court of Cassation ruled that the officer’s use of a firearm was excessive and disproportionate to the situation. The Court found that the officer failed to follow proper use-of-force protocols, and the act of shooting a fleeing individual was not in line with the principles of necessity or proportionality.
Key Principle:
“Firearms should only be used as a last resort, and only when there is a direct and imminent threat to life or serious injury.”
Outcome:
The officer was convicted of manslaughter due to the unlawful shooting and was sentenced to imprisonment.
III. Legal Principles and Conclusions
Based on the cases discussed above, several key principles emerge in relation to excessive use of force by police in Bahrain:
Proportionality: The use of force must be proportional to the threat posed by the individual, considering the nature of the crime and the level of resistance.
Necessity: Force must be necessary for law enforcement purposes, such as self-defense, arrest, or protection of others.
No Justification for Torture: Physical abuse, including torture and inhumane treatment, is strictly prohibited, regardless of the alleged offense.
Criminal Liability: Police officers found to have used excessive force beyond their legal powers may be criminally liable, with penalties ranging from imprisonment to dismissal from service.
International Law Compliance: Bahrain is bound by international treaties (such as the CAT and ICCPR) which prohibit the use of torture and excessive force by state agents, including police officers.
IV. Conclusion
Excessive use of force by police in Bahrain is a serious criminal offense, governed by both national laws (such as the Penal Code) and international treaties. The Bahraini judiciary has established a strong precedent in holding police officers accountable for actions that violate the principles of proportionality, necessity, and human dignity. Despite challenges in enforcement, case law reflects a growing commitment to protecting citizens' rights against police abuse.
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