Friday, September 20, 2013
Wendy M. Stephen, Q.C.
The Law Courts
651 Carnarvon Street
New Westminster, B.C.
Canada V3M 1C9
Fax: 1 604 660 8749
Brian J. Saunders
Director of Public Prosecutions,
Public Prosecution Service of Canada
2359 – 284 Wellington Street
Ottawa, ON K1A 0H8
Fax: 1 613 954 2958
Martin Herschorn, Q.C.
Director of Public Prosecutions
Suite 1225, Maritime Centre
1505 Barrington Street,
Halifax NS B3J 3K5
Fax: 1 902 424 4484
Dear Ms. Stephen, Mr. Herschorn and Mr. Saunders:
Re: LRWC seeks information on investigation of the complaint of Toby Cadman regarding Dr. Ali bin Fadhel Al-Buainain
LRWC wrote on 17 April 2013 to alert Canadian members of the International Association of Prosecutors (IAP) Executive Committee of the need to conduct an investigation of allegations of grave misconduct by Dr. Ali bin Fadhel Al-Buainain contained in a complaint by IAP member Toby Cadman. The complaint which was endorsed by LRWC, alleged that as head of the Office of Public prosecution in the Kingdom of Bahrain, Dr. Ali bin Fadhel Al-Buainain,
a/ prosecuted individuals for peacefully exercising internationally protected rights to freedoms of expression, opinion, association and assembly; and,
b/ failed to ensure that accused persons were afforded due process and fair trials; and,
c/ failed to prevent and punish the reported torture of prisoners.
These serious allegations were based on the April 2013 “Report on Bahrain’s Attorney General Dr. Ali bin Fadhel Al-Buainain and his position in the International Association of Prosecutors” by Ceartas. Over a year earlier, the Bahrain Independent Commission of Inquiry (BICI) reported (November 2011) on the systemic nature of these and other violations and made recommendations for remediation. The situation has now worsened with no action by the IAP.
The United Nations High Commissioner of Human Rights (9 September 2013) called on the regime to respect freedoms of expression, association and assembly. On 10 September 2013 47 United Nations members states signed a declaration calling on Bahrain to implement the BICI recommendations and stop human rights violations by state agents. The Bahrain Human Rights Commission reports over 1,000 arrests of political activists during 2013. Grave violations of international law and of IAP standards continue under the supervision of Dr. Ali bin Fadhel Al-Buainain.
LRWC knows of no action taken by the IAP to investigate this complaint. Ms Stephen’s reply of 7 May 2013 stated enigmatically that the IAP, “is dealing with the matter in accordance with its published complaint procedure…” We are disappointed in the delay and lack of communication given: a/ the seriousness of the content of the complaint; b/ the position held by Dr Al-Buainain in the IAP; and, c/ the IAP mandate to promote adherence to IAP human rights and prosecutorial standards.
Please advise LRWC of what action the IAP has taken or intends to take, on the complaint of Toby Cadman and when that action will be made public.
Gail Davidson, Executive Director, LRWC
Nawaf M Almaawdah,
Ombudsman – MOI
Tel: 97317563001 97317563000/ fax 9731756300
H.E. Dr. Nabil El Araby
League of Arab States
Secretariat – Tahrir Square
Tel: 5752966 – 5750511
Fax: 5740331 – 5761017 – 5779546
P.O. Box: 11642
Embassy of the Kingdom of Bahrain3502 International Drive North West
Washington, District of Columbia,USA 20008
Tel.: (202)342-0741,-0742,-0743,-0744 Fax: (202)362-2192
The Honourable John Baird,Minister of Foreign Affairs
2249 Carling Ave Suite 418
Ottawa, Ontario K2B 7E9;
Fax: 613-993-6501; Email: email@example.com
Special Rapporteur on the situation of human rights defenders,
Mrs. Margaret Sekaggya