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12. Bahrain GENERAL, POLITICAL AND LEGAL OVERVIEW The crackdown on Bahraini protesters, activists, civil society organisations and human rights workers continued with a vengeance in 2014. Authorities responded fiercely to calls for democratic reforms, which picked up momentum in 2011 as part of the popular movements that swept through the Arab world. Despite international efforts, especially in the Universal Periodic Review of 2014, the Bahraini Government have failed to implement any recommendations of the Bahrain Independent Commission of Inquiry (BICI), which were approved by the King after the commission presented its report on human rights violations in the Kingdom in November 2011. Those guilty of torturing and killing protesters took full advantage of the culture of impunity that plagues Bahraini politics. Many activists, lawyers and human rights workers were arbitrarily arrested, tortured and abused. Most still languish in prisons under bogus charges and following farcical trials that fail to meet the minimum requirements of a fair trial.
Security forces often resort to excessive force in crushing peaceful protests, leaving many protesters with serious injuries. Bahrain’s human rights record regressed further in key areas in 2013, with the Government making little progress in the reforms it claimed to pursue. Security forces continued to arrest scores of individuals arbitrarily in towns where anti-government protests regularly take place. Continuing reports of torture and ill treatment in detention were consistent with the findings of the 2011 BICI. The Government’s failure to implement key recommendations of the BICI stands in contrast to their claims of progression in securing human rights. The judicial system, headed by the ruling family members, has yet to hold any senior official responsible for serious human rights violations that have occurred since 2011, including torture-related deaths in detention. High-profile critics of the Government remain in jail on charges that relate solely to exercising their rights to freedom of expression and assembly. Authorities continue to arrest and prosecute dissidents on security-related charges, including human rights defenders. The arrest of the deputy head of al-Wefaq, the largest opposition group in Bahrain, prompted all other opposition groups to participate in a deeply
100 flawed national dialogue process and eventually suspend their involvement. The process resumed in February after a one-year hiatus.
HUMAN RIGHTS VIOLATIONS The right to freedom, fair trial and treatment •
Torture and arbitrary arrests
According to local human rights activists, security forces have continued to detain scores of individuals arbitrarily every month. Perpetrators of torture and murder continue to enjoy near total impunity and many human rights activists still languish in prisons. Local organisations estimate that more than 300 people, including three women and six minors, were arrested between October and December 2014.97 Bahraini authorities indefinitely postponed a visit by the UN Special Rapporteur on Torture, Juan Mendez. In May 2014, the Gulf Centre and the Bahrain Human Rights Centre petitioned Mendez and a number of international human rights officials to conduct an investigation into cases of torture and abuse at Bahraini prisons. Cases of arbitrary arrest and torture include the following: 97 http://bhrs.org/ViewArticle/2/110/Articles.aspx [BHRS: Monthly report for the Bahrainian Society for Human Rights on the human rights situation in Bahrain for the month of October 2014 (Arabic Source)]
1. On 7th January 2014, security forces arrested Ali Shabr Sharaf Shabr, Hussein Ahmed Tahir Abdulwahhab, Aqeel Abdurasool Mohammed Ahmed, Hussein Mehdi Mohammed Ibrahim and Ali Sabah Abdulmuhsin Mohammed. They forcefully disappeared for an extensive length of time.98 The men’s names and photos were published along with allegations that they had confessed to various crimes. It is believed that confessions were extracted under torture.99 2. On 9th January, Ahmed Mohammed Saleh al-Arab, Mansoor Ali Mansoor al-Jamri and Hussain AlGhasrah were arrested, disappeared and tortured to extract false confessions later used to convict them during unfair trials. The authorities also harassed al-Arab’s family.100 Al-Jamri had previously been detained for two years during which he was tortured before being sentenced to six years in prison. 3. On 2nd September, 36-year old Tawfeeq Al Towk was arrested and disappeared for a few days before resurfacing at the interrogations building, after which he was transferred to al-Hawd al-Jaff Prison. His family was told they could visit him on 9th September but when they arrived at the prison they were surprised to learn 98 http://www.bahrainrights.org/ar/node/6696 [ Bahrain Rights Organisation: Bahrain: concern for the safety of detained citizens that are victims of enforced disappearance (Arabic Source)] 99 Ibid 100 http://www.bahrainrights.org/en/node/6701
101 that he was no longer there.101 4. On 3rd September, the family of the 24-year old political detainee Salman Abbas Salman, was informed that he had been arrested along with several others in the village of alMuqasha’. Two hours after his arrest, his family was told he was being held in the interrogations building. However, Salman disappeared until 10th September when his family learned he was at al-Hawd al-Jaff Prison. The police searched the family house without a search warrant.102 All attempts by his family to visit him in prison failed. •
Absence of fair trail and accountability
Human rights organisations documented many cases of Bahrainis being convicted for crimes related to freedom of assembly, association and expression. While authorities have relentlessly pursued anyone who criticised the regime, they’ve rarely prosecuted members of the security forces who were involved in cases of torture and abuse. The few times any such cases have been brought to trial involved junior officers and ended in acquittal. The disparity between disproportionate prison sentences against prisoners of belief and the acquittal of police officers charged with torture and abuse is very striking. 101 http://www.bahrainrights.org/en/node/7063 102 http://www.bahrainrights.org/en/node/7063
Cases include the following: 1. On 29th April 2014, the Supreme Criminal Court sentenced five Bahrainis, including two women (Nafisa al-Asfour and Rihana Mousawi), to five years imprisonment.103 The five men and women were arrested in April 2013 during the Bahrain Grand Prix and their case later became known as the “Formula 1 Bombing”. Both women were tortured to extract false confessions and their cases refused investigation by the court.104 Asfour and Mousawi are the first two women to be convicted under the new antiterror law.105 2. On 9th January, authorities released photojournalist Ahmed Fardan, who was arrested for allegedly attacking the police with Molotov. Fardan, who was released on bail from Dry Dock Prison in the capital, was taken to the offices of the prison authorities to meet a member of the Special Investigative Unit (SIU), a unit within the Public Prosecutor’s Office (PPO) set up to investigate allegations of torture and other ill-treatment, killings and other violations by the security forces. Ahmad Fardan gave details of his 103 http://manamavoice.com/news-news_read20198-0.html [ Manama Voice: Five years sentencing for the two detainees, Nafisa alAsfour and Rihana Mousawi as well as three others in the “Formula 1” case (Arabic Source)] 104 http://bchr.hopto.org/en/node/6243 105 http://www.bna.bh/portal/mobile/news/557693 [Bahrain News Agency: Public Security Chief: Police thwart terrorist plots aimed at terrorising citizens and succeed in securing the “Formula 1” with 8 thousand police (Arabic Source)]
102 torture to the investigators. Authorities later denied torturing him or breaking hisribs.106 3. The Civil Court sentenced Abdulwahab Hussein, a prominent opposition leader, to life in prison for establishing a movement that called for abolishing the monarchy and replacing it with a republic. The same court concluded that Hasan Mushaima’ and Abduljalil al-Sankees, both of whom are members of the al-Haq movement, had attended some of the meetings organised by Hussein and were found in possession of contraband material. Both were sentenced to life in prison.107 4. On 2nd October, six health professionals were arrested for exercising their rights to freedom of expression and assembly. Most of the six arrested, alleged they were tortured or ill-treated during their initial detention in 2011. The Court of Cassation in Manama upheld jail sentences for all. 5. The Court of Cassation also upheld the prison sentence issued against Diya Ibrahim Jaafar, who was convicted for taking part in protests and “destroying public property”. 108 6. Similar measures were observed in the case of the police officers, Mubarak Abdullah al-Marri and 106 https://www.amnesty.org/download/ Documents/8000/mde110052014en.pdf 107 http://tribune.com.pk/story/194182/bahrainsentences-eight-protesters-to-life/ 108 http://www.islamtimes.org/en/doc/ news/97928/
Sheika Noura Bint Ibrahim al-Khalifa (a member of the ruling family), both of whom were charged with torturing health workers but later acquitted.
Social and economic rights •
Women’s rights
Bahraini women, especially those who took part in the popular movements of 2011 calling for political reforms, are subjected to many abuses and human rights violations including torture, arrests and physical and mental abuse. Several activists have been fired from their jobs. It is estimated that more than 300 women have been arrested since 2011. The Supreme Council for Women and similar civil society organisations refused to comment on these arrests, raising serious questions about their complicity therein. Cases of human rights violations include the following: 1. On 15th September 2013, Ghada Jashmeer, a prominent activist and defender of women’s rights, was arrested over tweets highlighting the existence of rampant corruption at the King Hamad University Hospital, which is headed by a member of the royal family.109 She was remanded in custody for a further two and a half months on libel charges. The court hearing was adjourned until 24th November 2014, two days after the parliamentary elections. Jashmeer was arrested again 109 http://www.bahrainrights.org/en/node/7183
103 on 27th November 2014 on bogus charges. 2. On 12th November 2014, security forces raided the homes of eight women, including two of who were pregnant, and a six-month-old baby, without a search warrant. All electronic devices were seized and many of the women were physically abused. The following morning, the women were arrested after being summoned for questioning. The police refused to divulge any information about their whereabouts or the reasons behind their arrest. They were also prevented from contacting their families or their lawyers. On 13th November, lawyers succeeded in meeting the women only to learn of their torture, abuse, death threats and food, sleep and water deprivation. Their remand in custody was extended for seven days after being quizzed by public prosecution on 13th November. On 14th November, four other women, including the prominent activist Ebtisam Alsaegh, were questioned in connection with the same charges.110 •
Migrant workers
Approximately 460,000 migrant workers, primarily from Asia, make up 77% of Bahrain’s private workforce. Due to shortcomings in Bahrain’s legal and regulatory framework and their failure to enforce laws, migrants endure serious abuses such as unpaid wages, 110 http://www.bahrainrights.org/en/node/7164
passport confiscation, unsafe housing, excessive working hours, physical abuse and forced labour. Conditions for domestic workers are also of particular concern. The Regional Gulf Cooperation Council Unified Contract for Domestic Workers is expected to be approved in early 2014 but falls short of the minimum standards outlined in the Domestic Workers Convention that the International Labour Organisation adopted in 2011. Migrant workers in Bahrain also face discrimination and abuses from Bahraini society in general. Human Rights Watch (HRW) documented several violent attacks against South Asian migrant workers in March 2011, during a period of heightened political unrest. Migrants, in some cases, said their attackers were anti-government protesters. Pakistani workers provided evidence to HRW about attacks that led to the death of a fellow worker and seriously injured others. HRW found that employers who violate migrant worker rights typically do not face the penalties outlined in Bahraini law and rarely, if ever, face criminal consequences outlined in the Penal Code and laws against human trafficking. HRW found no evidence that Bahraini authorities have utilised the anti-trafficking legislation introduced in 2008 to prosecute labour related violations.
104
The right to freedoms of the press and expression •
Press and institutions
Bahrain’s current laws prohibit civil society organisations from getting involved in any political issues. Involvement risks subjection to closure. Amendments introduced in 2002 also prohibit any activities that could be deemed harmful to national unity or religious sensibilities. Bahraini authorities took advantage of such laws to impose severe restrictions on political parties, freedom of expression, assembly and association. On 27th March 2014, Abbas alMurshid, an independent journalist, was summoned to appear before court on charges of offending the King. He received no prior arrest or interrogation related to this offense. Al-Murshid was previously detained between May 2011 and July 2011 and was released following pressure from international human rights organisations. He was harassed for years by security forces, his online publication, al-Manama, was closed by the authorities and riot police shot him in the eye. The Bahrain Centre for Human Rights published a report listing 30 different cases brought before the courts for charges of “insulting the King”, which included critiquing the King in public speeches and on social media, and, in one case, walking over a poster of the King. Based on such charges, at least seven
people have been sentenced to a total of 7 years in prison.111 •
Expression
Human rights organisations documented many abuses of the right to freedom of expression. On 3rd February 2014, 23-year old Ayat al-Gormezi was summoned for interrogation regarding a poem she recited on 24th January at an opposition rally. Since the interrogation, which was ordered from the Office of the Deputy of Public Security, al-Gormezi has been charged with insulting the King and inciting hatred against the ruling regime. She revealed she was quizzed about the poem and its meaning and that her lawyer was not allowed to attend the interrogations. She was released from custody after signing a pledge to appear at the police station upon request and with a referral of her case to the public prosecutor. Al-Gormezi was previously arrested in March 2011 after reading a poem addressed to King Hamad in front of a crowd of pro-democracy protesters at the Pearl Roundabout. Al-Gormezi’s trial began on 2nd June 2011 and on 12th June 2011 a Bahraini military court sentenced the then 20-year old poet and student to one year in prison for taking part in illegal protests, disrupting public security and inciting hatred towards the regime. She was released following an international outcry. She later claimed she was tortured in prison by 111 http://bahrainrights.org/en/node/6682
105 a police officer from the ruling family called Noura al-Khalifa, who has not been convicted. 112 •
Assembly
The UN Human Rights Council expressed its deep concern over the increased restrictions on peaceful protests and freedom of assembly and called on the authorities to respect Bahrain’s obligations under international human rights laws, including the right to freedom of expression, assembly and association.113 Under the new amendments, all forms of protests in Manama are banned, which effectively puts an end to all forms of expression, assembly and association.
112 http://www.independent.co.uk/news/world/ middle-east/poet-jailed-in-protests-claims-shewas-beaten-by-bahraini-royal-2315431.html 113 http://www.ohchr.org/EN/countries/ MENARegion/Pages/BHIndex.aspx