This article is from the source 'bbc' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at http://www.bbc.co.uk/news/uk-29521420
The article has changed 7 times. There is an RSS feed of changes available.
| Version 2 | Version 3 |
|---|---|
| Prince Nasser of Bahrain torture ruling quashed | Prince Nasser of Bahrain torture ruling quashed |
| (about 1 hour later) | |
| Prince Nasser of Bahrain is not immune from prosecution over torture claims, the High Court in London has ruled. | Prince Nasser of Bahrain is not immune from prosecution over torture claims, the High Court in London has ruled. |
| Prince Nasser bin Hamad al-Khalifa has been accused of being involved in the torture of prisoners during a pro-democracy uprising in Bahrain in 2011. | Prince Nasser bin Hamad al-Khalifa has been accused of being involved in the torture of prisoners during a pro-democracy uprising in Bahrain in 2011. |
| Judges overturned the Crown Prosecution Service's decision that the prince had state immunity from prosecution. | Judges overturned the Crown Prosecution Service's decision that the prince had state immunity from prosecution. |
| The Bahrain government said it "categorically denies" the claims, calling them politically motivated. | The Bahrain government said it "categorically denies" the claims, calling them politically motivated. |
| A dossier of torture allegations, dating back to 2011, had been given to the CPS in 2012 while the prince was in the UK for the London Olympics. | A dossier of torture allegations, dating back to 2011, had been given to the CPS in 2012 while the prince was in the UK for the London Olympics. |
| However, he was allowed to return to Bahrain after the CPS decided he had diplomatic immunity. | However, he was allowed to return to Bahrain after the CPS decided he had diplomatic immunity. |
| The BBC's legal correspondent Clive Coleman said the ruling, which has quashed the 2012 decision by the CPS, opens the way for the prince's arrest should he visit the UK again. | The BBC's legal correspondent Clive Coleman said the ruling, which has quashed the 2012 decision by the CPS, opens the way for the prince's arrest should he visit the UK again. |
| State immunity | State immunity |
| The case arose after a Bahraini citizen, referred to as FF, sought the arrest of Prince Nasser. | The case arose after a Bahraini citizen, referred to as FF, sought the arrest of Prince Nasser. |
| FF said he had been tortured by the Bahraini authorities - but not by Prince Nasser directly - during a pro-democracy uprising by the majority Shia community between February and March 2011. | FF said he had been tortured by the Bahraini authorities - but not by Prince Nasser directly - during a pro-democracy uprising by the majority Shia community between February and March 2011. |
| Protesters had demanded more rights and an end to claimed discrimination against the community by the Sunni royal family. | Protesters had demanded more rights and an end to claimed discrimination against the community by the Sunni royal family. |
| The anti-government demonstrations led to a crackdown by the Bahraini authorities and the deaths of several protesters. | The anti-government demonstrations led to a crackdown by the Bahraini authorities and the deaths of several protesters. |
| 'No safe haven' | 'No safe haven' |
| Clive Coleman, BBC's legal affairs correspondent | Clive Coleman, BBC's legal affairs correspondent |
| Under the UN Convention Against Torture and other Cruel, Inhuman and Degrading Treatment and Punishment 1987, states must criminalise torture and pursue public officials of other nations when they are present in the state's territory. | Under the UN Convention Against Torture and other Cruel, Inhuman and Degrading Treatment and Punishment 1987, states must criminalise torture and pursue public officials of other nations when they are present in the state's territory. |
| In other words, states are justified in prosecuting torture wherever it takes place because the offenders are - as was said in one well-known case - "common enemies of all mankind and all nations have an equal interest in their apprehension and prosecution". | In other words, states are justified in prosecuting torture wherever it takes place because the offenders are - as was said in one well-known case - "common enemies of all mankind and all nations have an equal interest in their apprehension and prosecution". |
| A principle was established in the case involving former Chilean dictator, General Augusto Pinochet, that there be "no safe haven" for former public officials involved in torture or crimes against humanity. | |
| There are very limited exceptions for heads of state, heads of diplomatic missions and their families, and foreign ministers. | There are very limited exceptions for heads of state, heads of diplomatic missions and their families, and foreign ministers. |
| 'Risk of investigation' | 'Risk of investigation' |
| In July 2012, a dossier prepared by the European Centre for Constitutional and Human Rights in Berlin was submitted to the UK's director of public prosecutions containing evidence alleged to implicate Prince Nasser in the torture of three detained men in April 2011. | In July 2012, a dossier prepared by the European Centre for Constitutional and Human Rights in Berlin was submitted to the UK's director of public prosecutions containing evidence alleged to implicate Prince Nasser in the torture of three detained men in April 2011. |
| The arrest and prosecution of the prince was then sought. However, the CPS decided that the prince had state immunity from prosecution. | The arrest and prosecution of the prince was then sought. However, the CPS decided that the prince had state immunity from prosecution. |
| A judicial review - brought by FF, who claimed the CPS decision was wrong in law - has now quashed the decision. | A judicial review - brought by FF, who claimed the CPS decision was wrong in law - has now quashed the decision. |
| In a statement, FF said the prince had now "lost his immunity" and will need to "consider the risk of investigation, arrest and prosecution when he is travelling outside Bahrain". | In a statement, FF said the prince had now "lost his immunity" and will need to "consider the risk of investigation, arrest and prosecution when he is travelling outside Bahrain". |
| He said it was time for the UK government to "review its policy of co-operation and support for this regime". | He said it was time for the UK government to "review its policy of co-operation and support for this regime". |
| His solicitor, Sue Willman, said the UK had a "duty" to investigate, arrest and prosecute those who are alleged to have committed acts of torture abroad "regardless of the UK's economic interests". | His solicitor, Sue Willman, said the UK had a "duty" to investigate, arrest and prosecute those who are alleged to have committed acts of torture abroad "regardless of the UK's economic interests". |
| A spokeswoman for the government of Bahrain said the ruling "affirmed" the original decision that the prince's arrest would have been "improper, given the absence of evidence". | A spokeswoman for the government of Bahrain said the ruling "affirmed" the original decision that the prince's arrest would have been "improper, given the absence of evidence". |
| She said the decision would not "open the door to a prosecution", saying: "In short, the situation has not, and will not, change as there is no evidence for the allegations." | She said the decision would not "open the door to a prosecution", saying: "In short, the situation has not, and will not, change as there is no evidence for the allegations." |
| "This has been an ill-targeted, politically-motivated and opportunistic attempt to misuse the British legal system," the Bahrain government said in a statement. | "This has been an ill-targeted, politically-motivated and opportunistic attempt to misuse the British legal system," the Bahrain government said in a statement. |