Udenrigsudvalget 2017-18
URU Alm.del Bilag 289
Offentligt
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&RIIBoh,n
28 August 2018
Hon. Mogens Lykketoft
ECDHR
ii
-sir--.
—i—. J
1
1--
Dear Ron. Mogens Lykketoft,
We, the undersigned organizations in the Bahrain human rights community, write to express our grave
concern over the health of 70 year old imprisoned Bahraini political activist, professor, and opposition
leader Hassan Mushaima. Mushaima is currently serving a life sentence for his pro-democracy activism
in Bahrain’s notoriously abusive Jau Prison, where authorities are denying him unrestricted access to
necessary treatment for a myriad of critical medical conditions. His health is rapidly deteriorating and
without urgent action hs life is at risk. We call on you to table parliamentary questions on Mushaima’s
case as well as ask you to reach out to your local Bahraini embassy and pressure them on the status of
Hassan Mushaima’s health and access to medical care. We also call on you to press your national
foreign ministry to raise concems on behalf of Mushaima and pressure the Bahraini government to
release all arbitrarily detained political prisoners.
As founder and Secretary-General of the al-Raq opposition movement, Mushaima has long
government reprisal for his peaceful activism to promote democracy in Bahrain. In March 2011, as
security forces violently crushed Rahrain’s mass Arab Spring protests, authorities arrested Mushairna
from his horne and arbitranly detained lim. Security forces tortured Mushaima and then hauled him
before a military tribunal on charges stemming solely from his calls for dernocracy. After a patently
unfair trial, in which the government forbade Mushaima from testifying and prohibited his lawyer
from
speaking, he was sentenced to life in Jau Prison.
There, Bahraini authorities have punished Mushaima by subjecting him to hurniliating and inhurnane
treatment. Jau Prison is a horrific detention center overcrowded with thousands of political prisoners,
rife with toraire and physical abuse, and consistently plagued by disease and unsanitary living
conditions. Prisoners at Jau are regularly denied access to water, quality food, and hygiene products,
while guards arbitrarily confiscate personal items, interfere in visitation rights, and prevent inmates
from freely practicing their religious beliefs. Conditions in the facility are so poor that they have
garnered the concern of the United Nations (UN) Human Rights Committee, which condemned the
prison conditions just last month.
As a result of these abusive conditions, Mushairna’s health has sharply deteriorated. In addition to
serious physical injuries inflicted during his torture, Mushaima suffers from severe chronic ilinesses,
including high blood pressure, diabetes, gout, a urinaiy tract infection, and lymphatic cancer. He must
take at least 10 different puls a day to help with these conditions, and without them he nsks death.
Authorities are denying Mushaima unrestricted access to medicine, medical caTe, and treatment from
specialists. Recently, the authonties have singled out political prisoners like Mushaima for further
degrading restrictions on healthcare, forcing them to be strip-searched, chained, shackled, and marched
to extemal facilities if they want to attend medical appointments, which contravenes international
standards for fair treatment of prisoners as noted by Human
Rights
Watch. The Bahraini government
claims that Mushairna has been offered appropriate medical treatment, yet has refused to attend
appointrnents. It must be understood that the Bahraini government has made Mushaima’s access to
proper medical care contingent upon him submitting to fiirther violation ofprotected human rights.
Any
refusal to attend appointments is therefore based solely on the rejection of fiirther inhumane and
degrading treatment.
During Bahrain’s UN review under the Committee against Torture (CAT) in 2017, the CAT expressed
grave concern over obstacles imposed on access to treatment and indicated that Bahrain’s denial of
URU, Alm.del - 2017-18 - Bilag 289: Brev til MF Mogens Lykketoft om den politiske fange Hassan Mushaima fra Bahrain
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medical care for prisoners was in violation of its treaty obligations. Likewise,
just last month during
Bahrain”s first review under the International Covenant on Civil and Political Rights
(ICCPR), the UN
Human Rights Comrnittee found that Bahrain is failing to uphold civil and political
rights, specifically
citing inhumane prison conditions and denial of medical care. The Committee called
on the government
to “release immediately
and
unconditionalty anyone held solely for the peaceftil exercise
oftheir rights,
inciuding human rights defenders, activists, lawyers and trade unionists,” like Hassan
Mushairna. These
concems have been echoed by the European Parliarnent (EP), which in June 2018
adopted a resolution
(RC8-0281) condemning restrictions on medical treatment and “poor prison
conditions” faced by
prisoners of conscience like Mushaima. The EP urged the Bahraini government
to refrain from alt
torture, cruel and degrading treatment of detainees, to investigate flully ali allegation
s of violation of
basic rights ofprisoners and torture and to bnng the perpetrators to justice.” while
also hightighting the
impacts of prison conditions on the health of detainees.
The international human rights community has continually raised Mushaima’s
case and broader
concems over systernatic prison abuse with the UN and the Bahraini governme
nt. Americans for
Democracy & Human Rights in Bahrain (ADHRB), the Bahrain Institute for
Rights and Dernocracy
(BIRD), and the European Centre for Democracy & Human Rights (ECDHR)
have repeatedly
addressed the mistreatment of Mushaima and Bahrain’s other high-profile political
prisoners with the
UN Special Procedures and UN Human Rights Council. Amnesty International
designated Mushaima
a prisoner of conscience and initiated an Urgent Action campaign to improve
his conditions in early
2018, and Human Rights Watch has consistently voiced concems over Mushairn
a’s case since 2011.
ADHRB has additionaliv stibmitted repeated requests for assistance to Bahrain’s
oversight rnechanisms.
namely the Ministry of Interior (MOl) Ombudsman and the National Institutio
n for Human Rights
(NIHR).
Despite clear international concern, the Bahraini government has entirely failed
to rectify the situation.
The MOl Ombudstnan and the NIIIR lack sufficient independence to fulfihl
their mandates and rernain
wholly incapable ofaddressing systeinatic prisoner abuse, with the UN Committe
e against Torture, UN
Human
Rights Committee, and the EP ali expressing alann over their partiality and
inefficacy. Both the
Ombudsman and the
NIHR have effectively ignored ADHRB”s requests for assistance
on Mushairna’s
case,
with the
NIFIR outright denying that he even had any health problems
that
required treatment
earlier this year.
As a result of
the
government’s continued inaction. Ali Mushaitna, Hassan
Mushaima’s
son,
began an
open-ended hunger strike on I August 201$ outside of the Bahraini Embassy
iii
London to protest the
mistreatment ofhis father. He has been on hunger strike for over three weeks
and will remain on strike
until Bahraini authorities provide his father with necessary medical attention
and allow hirn to resume
family visitation, which has been restricted for more than a year.
The Bahraini government’s mistreatment of Hassan Mushaima violates
international law and
increasinglv threatens his life. As a member ofparliament, you are in
a prime position to call attention
to the case of Hassan Mushaima through tabled parliamentary questions.
We also call on you to raise
Mushaima’s case to your local Bahraini einbassy and press them on the
status of Hassan Mushaima’s
health and access to medical care, as well as call on your foreign ministry
to pressure the Bahraini
government to release ali arbitrarily detamed political prisoners. As Mushaim
a’s health continues to
worsen, it is absolutely fundamental that the international communi
ty ensure Bahrain is held
accountable to its human rights obligations.
Sincerely,
Arnericans for Democracy & Human Rights in Bahrain
Bahrain Institute for Rights and Democracy
European Centre for Dernocracy and Human Rights