For those of you have been following the case, I recently asked the Information Commission to review the Foreign and Commonwealth Office’s (FCO) decision to withhold a conversation that took place in between Ian Henderson and David Tatham, an employee of the FCO. Disappointingly, the Commissioner has decided that the information is exempt from disclosure based on the fact the balance of ‘public interest’ lies in maintaining the exemption. Given that the late Ian Henderson (sometimes called the Butcher of Bahrain) has been accused of torture, and was involved in the suppression of the Mau Mau insurgency in Kenya, it is very disappointing that the Commissioner has made this decision. However, recent evidence has tended to point that Ian Henderson might have tried to temper the excesses of the Al Khalifa regime, a particularly interesting insight given today’s announcement that the King’s Son, Prince Nasser, could be prosecuted for torture if he comes to Britain.
Interestingly, “The FCO argued that disclosing the redacted information would (rather than simply being likely to) damage its relations with Bahrain.” In summary, the FCO uses Bahrain’s announced reform plan (which has been critiqued for its complete lack of substance) as an excuse for not harming Britain’s relationship with Bahrain. Essentially, both government are avoiding embarrassment by using potential human rights developments in the country as an incentive. The review makes it sound like Bahraini citizens will be punished if the FCO decide to embarrass themselves and the Bahraini government. Britain are also concerned that such a disclosure might harm Britain’s defense interests in Bahrain.
Although the IC imply that the withheld documents would not address the concerns I had about Henderson, I am curious as to why such information ‘would’ (and not ‘could’) damage Britain’s relationship with Bahrain. To read the full exchange with the FCO, go here. To read the full response by the Information Commission, go here> FS50538474 (1).
Either way, the next stop forward is to try and take this to the First-Tier Tribunal. As with all litigious repression, this would almost certainly involve a cost. Stay tuned for updates.