URU, Alm.del - 2009-10 - Bilag 259: Henvendelse fra Bahrain Youth Society for Human Rights

The Bahrain Youth Society for Human Rights expresses it great concern for the rapid eventstaking place in Bahrain, where the last period from 13 August until 8 September wasdistinguished with serious violations of human rights and the launch of a security campaignagainst public liberties by the Executive Authority.The BYSHR had detected a number of violations during the last three weeks, and they were asfollows:First: Arbitrary Arrests:Since 13 August 2010, the Authorities arrested a number of political activists, cleric men,human rights defenders and a group of citizens. The National Security Apparatus had statedthat these arrests are to eliminate the terrorist organization "organizational network" whose aimis to affect the country's stability.The National Security Apparatus had arrested:Dr. Abdul-Jalil Al-Sangaece – head of the human rights office in "Haq" Movement forLiberties and DemocracySheikh Mohammed Habib Al-Muqdad – president of Al-Zahraa Society for OrphanCareSheikh Abdul-Hadi Al-Mukhodur – member of Al-Wafaa Islamic MovementSheikh Saeed Al-Nori – member of Al-Wafaa Islamic MovementSheikh Mirza Al-Mahroos – cleric manMohammed Saeed Al-Sahlawi – board member of the Bahrain Center for HumanRightsAli Jawad Al-Fardan – Committee for the Defense of the Detainees of KarzakanMohammed Jawad Al-Fardan - Committee for the Defense of the Detainees ofKarzakanJaffar Al-Hisabi – Human rights defender (living in the UK)

Abdul-Ghani Khanjjar – head of the National Committee of Victims and Martyrs ofBahrainSalman Naji – Activists in the Committee of UnemployedAli Abdulemam - Blogger. The administrator of Bahrainonline.org which advocates forhuman rightsThe list includes other citizens and those working in public committees, human rightsdefenders and political activists (1,2,3,4).Second: Allegations of Torture and Ill-treatment:Information indicates that the National Security Apparatus (NSA) has been practicing tortureand ill-treatment against the detainees, and the NSA had attempted to extract forcedconfessions. The detainees confirmed to the Public Prosecution that they have been subjectedto torture, insult and abuse during their presence at the NSA.The detainees have been subjected to:Cuffing and blindfolding for long periods of time.Forbidding food and drinks for long periods of time.Beating on all parts of the body.Hanging for long periods.Preventing sleep.Standing continuously for long periods of time.Beating on the ears in a continuous manner.Forcing them to listen to the voices of other detainees being tortured.

Refer to the report of the Human Rights Watch http://www.hrw.org/en/news/2010/08/17/bahrain-charge-or-release-opposition-activists2Refer to the report of the Observatory for the Human Rights Defenders http://www.fidh.org/Arbitrary-arrest-and-detention-of-Messrs3Refer to the report of Amnesty International http://www.amnesty.org/en/news-and-updates/bahrain-intensifies-crackdown-activists-and-clerics-2010-08-184Refer to the report of the Frontline organization for the Protection of the Human Rights Defendershttp://www.frontlinedefenders.org/node/131555Refer to the Human Rights Watch report (2) http://www.hrw.org/en/news/2010/09/01/bahrain-pursue-torture-allegations6Refer to the report (2) of Amnesty Internationalhttp://www.amnesty.org/en/library/asset/MDE11/004/2010/en/1c56d255-4eaa-4a68-92ba-de7603a02dc4/mde110042010en.html7Refer to the report of the Observatory for the Defenders of Human Rights http://www.fidh.org/Acts-of-physical-and-psychological-torture

‘Adetained person and his counsel, if any, shall receive prompt and full communication of anyorder of detention, together with the reasons therefore.’ Principle 11‘Promptly after arrest and after each transfer from one place of detention or imprisonment toanother, a detained or imprisoned person shall be entitled to notify or to require the competentauthority to notify members of his family or other appropriate persons of his choice of hisarrest, detention or imprisonment or of the transfer and of the place where he is kept incustody’. Principle 16The NSA violated the ‘Bodyof Principles for the Protection of All Persons under Any Form ofDetention or Imprisonment’8as the detainees and for two weeks were not permitted to thefollowing:The detainee was not informed of the reasons of his detention.The family members were not informed of the place of detention.The detainee’s lawyer was permitted to contact or know the charges of the detainee.The detainee was prohibited from contacting the outside world.Information confirms that torture and ill-treatment take place in the first days of the detentionand when the detainee usually has no contact with the outer world.Fourth: Freedom of Opinion and Expression:The Bahraini Information Institute summoned five political societies who publish partypublications ‘Al-Wefaq Islamic Society, Al-Menbar Democratic National Society, IslamicAction Society, The National Democratic Action Society and the National DemocraticAssemblage Society,’ where the Information Institute expressed its objection to the content ofthe party publications.9The BYSHR believes that the aim of this summoning is to restrict freedom of opinion andexpression and to control the criticism published against the current security policy in Bahrain.Noteworthy, the societies has released more than one issue before August 13, 2010.In the same context, the Information Institute blocked – on Thursday, 2 September 2010 – theelectronic website of Al-Wefaq Islamic Society, and since August, 13 2010 it blocked severalother websites that addressed the case of arresting political activists and human rightsdefenders. On Wednesday, 8 September 2010 the Information Institute blocked the electronicwebsite of Islamic Action Society10Also, the moderator of one of the political dialogue websites was summoned by the securityapparatuses and was threatened of deleting anything that criticizes the executive authority.The Ministry of Justice and Islamic Affairs summoned a number of mosque preachers andwarned them of criticizing the security apparatuses and asked them to criticize what it named‘violence and terrorism’.

Fifth: Freedom of Assembling:The Law of Assembling indicates that the security apparatuses should be informed of anyprotest or demonstration, and since August 13, 2010, the security apparatuses had rejectedseveral notices submitted to with the aim of holding peaceful events.The security authorities rejected a demonstration notice that was supposed to be held by thefamily of the detainee Dr. Abdul-Jalil Al-Sangaece – Wednesday 18 August 2010 – to demandhis release, and it also rejected the notice to hold a peaceful demonstration in front of shoppingmall to demand the release of the detainees and which was supposed to be held on Friday 20August 2010.11In addition, the security apparatuses rejected a notice of an annual demonstration held by thepolitical and religious bodies to support the case of ‘Palestine’ – Friday 3 September 2010 –and threatened to oppress it.12Sixth: Freedom of civil society institutes:The Ministry of Social Development threatened the societies engaged in the field of humanrights to take legal and administrative action against it as a result of what it named ‘defending agroup of citizens and neglecting the other group’.13The BYSHR believes that this threat is related to the press conference held by the detainees’families and activists in the Bahrain Society for Human Rights, where the families spoke of thedreadful conditions of the detainees.14On Wednesday 8 September 2010 the authoritiessuspended their Board of Directors and appointed a new Executive Director.Noteworthy, the Minister of Justice had previously threatened the organizations not licensed toregister, and the BYSHR believes that this threat includes the BCHR and the BYSHR.Seventh: Suppressive Laws:The Public Prosecution confirmed that the detainees will be charged according to the – ill-reputed - Anti-Terrorist Law, and this law is considered one of the suppressive laws and it hasbeen condemned by the UN and international organizations.The BYSHR believes that the Public Prosecution made use of the Anti-Terrorist Law to use thedetention period in it and which lasts for 15 days before the defendant is brought to the PublicProsecution; the Public Prosecution also has the right to renew the detention period for longperiods of time.15It has previously been mentioned that the torture is practiced during the first days of detention,and usually the detainee has no contact with the outside world.

Eight: the defendant is innocent until condemned (publishing the photos of thedefendants before trial):Bahrain TV – the official media outlet – and in addition to some newspapers, ‘Al-Watan,Akhbar-al-Khaleej, Al-Ayam, Al-Bilad’ and in addition to English newspapers all publishedthe photos of the defendants in some of the cases before being convicted in a fair andindependent trial. The Public Prosecution stated that it had ordered publishing the photos inorder to assure the community from the terrorist acts.16The BYSHR believes that publishing the photos is intended to intimidate the activists andthose engaged in the field of human rights, and it believes that it is an indirect threat to allinstitutes.It also emphasizes that publishing the photos before they are convicted in a court of law thatprovides all the guarantees of a fair and independent trial is a blatant violation to the principlethat ‘the defendant is innocent until proven guilty’, and it stresses on the defendants and theirfamilies right to file legal complaints against any who published their photos.Ninth: Banning Publication:The Public Prosecutor issued on 28 August 2010 a decision to ban the publication in the caseof the ‘network organization’ and he indicated in his statement to the newspapers thatpublication will be limited to the Public Prosecution only.17Whoever violates the decision of banning publications is sentenced with imprisonment for ayear according to Article 246 of the Bahraini Penal Code.The BYSHR believes that the decision to ban publication is in order to limit the publications tothe Public Prosecution, and to prevent the lawyers and human rights defenders from exposingthe torture the defendants were subjected to in the case.The BYSHR confirms that exposing the human rights violations is a fundamental right oflawyers and human rights organizations and general public, and no official institute has theright to interfere in this.Conclusion and recommendations:The BYSHR believes that restricting public liberties and especially during the period between13 August 2010 and until this day warns of a political and human rights crisis in the country,where the human rights violations are continuing to increase.The BYSHR stresses that under the security and political tension in Bahrain, the security statewill not be stable and this will affect the local economy and the general political condition.Based on that, the BYSHR demands:••The immediate release of detainees or presenting them to a court that providesthe international standards concerned with a fair and independent trial.Allow the lawyers or families of detainees to visit them and to be reassured ofthem.

The immediate and independent investigation in the torture allegtations and toquestion every accomplice in the crime of torture.Allow the international and local organizations to visit the detention centers.Launch public liberties and not restrict them and especially those related tosocieties and peaceful assembling.Annul the decision of banning publications and to allow the press, media andhuman rights organizations to be informed of all that is occurring in this case.Stop the media incitement carried out by some of the newspapers allied with theExecutive Authority against the political and human rights societies and publicfigures.