By Nick Butler

Bahrain Olympic Committee President Sheikh Nasser bin Hamad al-Khalifa could face prosecution in Britain accused of torture following a High Court decision in London ©Getty ImagesBahrain Olympic Committee (BOC) President Sheikh Nasser bin Hamad al-Khalifa could theoretically face investigation in Britain of allegations said to implicate him in claims of torture following a High Court judicial review ruling quashing an order he was immune from legal action due to his Royal status


But the Crown Prosecution Service (CPS) has claimed there will not be an investigation of the allegations, despite renewed calls by the parties who sought the immunity ruling and submitted a dossier to the Police.

Based on court papers, Sheikh Nasser, son of the Bahraini King Hamad bin Isa Al Khalifa and the commander of Bahrain's Royal Guard, is alleged to be implicated in the mistreatment of detained prisoners during the pro-democracy uprising in 2011, which took place at the same time as the "Arab Spring" protests throughout the Middle East and North Africa.

Unlike in other regions, the protests in Bahrain, which centred around the Pearl Roundabout in capital city Manama, were repressed with the help of around 1,500 troops from neighbouring Saudi Arabia and other Gulf Cooperation Council members.

In November 2011, an Independent Commission of Inquiry established by King Hamad reported "on the basis of the Commission's investigation and particularly the forensic medical reports, it finds that the National Security Agency and Ministry of the Interior followed a systematic practice of physical and psychological mistreatment, which in many cases amounted to torture, with respect to a large number of detainees in their custody." 

The report contains no allegations or findings about Sheikh Nasser's alleged involvement in the mistreatment.

The UK case was bought in the High Court by a Bahraini citizen - identified only as "FF" - who claimed he was himself badly beaten by the police in Bahrain, held without charge and sentenced. In a written ruling in June 2013,

Lord Justice Laws explained that the case concerned not FF and his treatment but "allegations that Prince Nasser bin Hamad Al Khalifa...was directly involved in the torture of three [other] individuals in prison in Bahrain...[based on] a dossier prepared by the European Centre for Constitutional and Human rights at Berlin (ECCHR), which appeared as an interested party [in the case] was submitted to the [UK] Director of Public Prosecutions. It contained evidence said to implicate Prince Nasser in the torture of detained prisoners in April 2011."

The UK courts gave permission in 2013 for judicial review of the CPS's decision that Sheikh Nasser enjoyed immunity from prosecution in the UK. 

insidethegames understand the ECCHR dossier was passed to the Metropolitan Police in 2012 when the Prince was in London for the Olympics.

This decision has now been overturned by the High Court in London.

The protests in Bahrain were strongly repressed with assistance from foreign troops ©Getty ImagesThe 2011 protests in Bahrain were strongly repressed with assistance from foreign troops
©Getty Images



Following the decision this week, the CPS claimed the issues raised by the judicial review were "academic" because the police would have to launch an investigation first –saying: "In line with recent case law on this issue, we can no longer maintain our position that the Prince could have immunity.

"We have always maintained that the issues raised by this Judicial Review are academic as before the DPP can consent to any application for a private arrest warrant, there needs to be an investigation by police.

"The likelihood of immunity is not considered a bar to prosecution and is a matter that should be considered on a case's individual facts and merits, after some investigation.

"The Metropolitan Police Counter Terrorism Command is responsible for the investigation of all allegations of war crimes, crimes against humanity, genocide and torture, and has previously said that it would not undertake an investigation in relation to this matter for a number of reasons; the possibility of immunity was not one."

The Bahraini Government has described the ruling as an "ill-targeted, politically motivated and opportunistic attempt to misuse the British legal system", adding they "categorically deny the allegations against Sheikh Nasser".

They have also denied that Sheikh Nasser has seen the ECCHR dossier or taken any part in the UK proceedings.  

"As the British DPP has today affirmed, an arrest would have been improper given the absence of evidence of the conduct alleged," they said in a statement.

"As Bahrain has never sought anonymity or sovereign immunity from the English Courts for anyone in respect of this case, it expresses no view on the DPP's statement that immunity was inappropriate.

"This has been an ill-targeted, politically-motivated and opportunistic attempt to misuse the British legal system.

"Contrary to assertions being made in the wake of today's hearing, the Court Order does not open the door to a prosecution.

"Rather, as the statement of reasons makes clear, the CPS said the decision on immunity was 'academic' as the "police decided not to conduct an investigation on the basis of the dossier of evidence submitted to it.

"All this was made plain in court.

"In short, the situation has not, and will not, change as there is no evidence for the allegations.

"The Government of Bahrain again categorically denies the allegations against Sheikh Nasser.

"The Government reiterates its firm condemnation of torture and recognises its responsibility to investigate any reasonable allegation.

"The Government remains committed to implementing the wider reforms as recommended by the Independent Commission of Inquiry and welcomes constructive engagement with responsible campaigners in pursuit of that aim."

An IOC spokesperson told insidethegames that, because this is "a procedural decision by the British courts, it seems like the substance of the allegations has yet to be investigated and therefore it would be premature for the IOC to comment on this matter".

The BOC failed to respond to requests from insidethegames for a comment.

For the avoidance of doubt, insidethegames note that Sheikh Nasser has not been the subject of any police investigation nor has any court considered the allegations substantively - only the issue of state immunity.