Prince Nasser of Bahrain torture ruling quashed by High Court

A decision by the that the son of Bahrain's king is immune from prosecution for alleged torture has been quashed in the High Court.

Two judges sitting in London made the quashing order with the consent of the DPP.

The case arose after a Bahraini citizen, referred to as FF, sought the arrest of Prince Nasser bin Hamad al-Khalifa.

FF alleged the prince was involved in the torture of detained prisoners during the pro-democracy uprising of 2011 but was told that the prince would be immune from prosecution because of his royal status.

FF, who has been granted asylum in the UK, claims he was badly beaten and given a prison sentence after taking part in protests in the Gulf state in February 2011 which have since left dozens dead, mainly demonstrators.

Tom Hickman, appearing for FF, told the High Court that the CPS was claiming the Prince had immunity under Section 20 of the State Immunity Act 1978 as a member of the Bahraini royal household and also in relation to his role as Commander of the Royal Guard.

Mr Hickman said the prince was "a regular visitor to these shores", and for that reason FF was seeking to take action against him under the UK's extra-territorial criminal jurisdiction over acts of torture.

In a statement, FF said: "Now the prince has lost his immunity he will need to consider the risk of investigation, arrest and prosecution when he is travelling outside Bahrain.

"Whilst he is visiting other royal families and horse-riding, there are 13 prisoners of conscience.

"Two of them have said in open court in Bahrain that the prince tortured them, yet they were still convicted.

"It is time for the British Government to review its policy of co-operation and support for this regime."

His solicitor, Sue Willman, of Deighton Pierce Glynn, said in a statement: "The UK has a duty under the convention against torture and under its own laws to investigate, arrest and prosecute those who are alleged to have committed acts of torture abroad.

"They should be applied to all, regardless of the UK's economic interests."

The quashing order was made by Lord Justice Laws and Mr Justice Cranston.

Mr Hickman told the court that the DPP was suggesting that its concession on immunity was "academic" because of a lack of evidence against the prince.

Mr Hickman said: "We don't agree with that. We say that this concession clears the way for an investigation of the prince and for consent for an arrest warrant to be sought - and there is further evidence that will be submitted."

A spokeswoman for the Government of Bahrain said: "As the British DPP has today affirmed, an arrest would have been improper given the absence of evidence of the conduct alleged.

"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.

"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."

The government of Bahrain went on to reject claims that the quashing order could now lead to a prosecution of the prince.

The government's spokeswoman said: "Contrary to assertions being made in the wake of today's hearing, the court order does not open the door to a prosecution.

"Rather, the Crown Prosecution Service (CPS) said the decision on immunity was academic as it had solid fact-related grounds for the basis on which it determined it could not prosecute Sheikh Nasser.

"All this was made plain in court today. In short, the situation has not, and will not, change as there is no evidence for the allegations."