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The United Nations Working Group on Arbitrary Detention (WGAD) printed as we speak the opinion it adopted on 16 November 2023 throughout its 98th session regarding 4 aged Bahraini opposition leaders. These Bahraini leaders have been arbitrarily arrested and subjected to numerous human rights violations together with torture, enforced disappearances, extended solitary confinement, denial of cellphone contacts and visits, unfair trials, and medical negligence. These leaders are Hasan Mushaima, Sheikh Abdullah Isa Abdulla (Mirza) Mahroos, Abdulwahab Husain Ali Ahmed Ismaeel, and Sheikh Abduljalil Radhi Mansoor Makki (AlMuqdad). The Working Group discovered that their detention was arbitrary below Classes I (when it’s inconceivable to invoke a authorized foundation justifying the deprivation of liberty), II (when the deprivation of liberty outcomes from the train of rights or freedoms), III (when violations of the proper to a good trial are so extreme that the detention is rendered arbitrary), and V(when the detention is discriminatory based mostly on non secular and political views).
The WGAD notes that the grievance submitted by People for Democracy & Human Rights in Bahrain (ADHRB) on the 4 Bahraini opposition leaders highlights a recurring sample of violations, in step with these raised in different complaints. These violations embody “arrest with no warrant, pretrial detention with restricted entry to judicial evaluate, denial of entry to legal professionals, pressured confessions, torture and ill-treatment, and denial of medical care”. Consequently, the Working Group emphasizes that Bahrain ought to handle these extreme violations associated to the deprivation of liberty by instantly and urgently releasing all 4 prisoners.
Moreover, the WGAD known as on the Bahraini authorities to undertake a complete and neutral investigation to establish the perpetrators of the violations and maintain them accountable. As a result of critical allegations regarding these leaders’ publicity to numerous types of extreme violations, torture, steady medical neglect, and arbitrary detention for the peaceable train of their rights, the Working Group has additionally forwarded this grievance to 4 different UN Particular Process workplaces: the Particular Rapporteur on Torture, the Particular Rapporteur on the Proper to Freedom of Opinion and Expression, the Particular Rapporteur on the Freedom of Peaceable Meeting and Affiliation, and the Particular Rapporteur on Well being. Moreover, the WGAD has forwarded this grievance to the Impartial Skilled on the Enjoyment of all Human Rights by Older Individuals.
People for Democracy & Human Rights in Bahrain (ADHRB) gladly welcomes and helps the Opinion of the Working Group, and reiterates its requires the speedy and unconditional launch of all 4 imprisoned opposition leaders. ADHRB additionally echoes the WGAD’s name for a complete and neutral investigation to establish the perpetrators and maintain them accountable.
“The opinion from the United Nations group strongly reinforces that which all the world already knew: Bahrain is violently oppressing its pro-democratic forces and systematically abusing their leaders,” stated Husain Abdulla, Govt Director of ADHRB. “Bahrain’s leaders are terrified of democracy.”
The WGAD is without doubt one of the Particular Procedures of the UN Human Rights Council. As a part of its common procedures, the Working Group sends allegation letters to governments regarding credible circumstances of arbitrary detentions. The Working Group can also render opinions on whether or not a person or group’s detention is unfair and in violation of worldwide legislation. The WGAD opinions circumstances below 5 classes of arbitrary detention: when it’s inconceivable to invoke a authorized foundation justifying the deprivation of liberty (Class I); when the deprivation of liberty outcomes from the train of the rights to equal safety of the legislation, freedom of thought, freedom of opinion and expression, and freedom of meeting, amongst others (Class II); when violations of the proper to a good trial are so extreme that the detention is rendered arbitrary (Class III); extended administrative custody for refugees and asylum seekers (Class IV); and when the detention is discriminatory based mostly on start, nationwide, ethnic or social origin, language, faith, financial situation, political or different opinions, gender, sexual orientation, incapacity, or another standing (Class V).
The 4 opposition leaders have been arrested following house raids with out an arrest or search warrant and weren’t knowledgeable of a motive for his or her arrest. Disturbingly, three of them have been violently arrested. Sheikh Abdulla (Mirza) Mahroos was overwhelmed and blindfolded throughout the 30-minute drive from his house to the headquarters of the Nationwide Safety Company (NSA). Mr. AbdulWahab Husain Ismaeel was overwhelmed and his head was hit towards a wall by safety officers throughout the arrest. Moreover, Sheikh Abduljalil Radhi Mansoor Makki (AlMuqdad) was violently arrested at his house by officers who took him outdoors whereas he was barefoot, regardless that he had a painful foot damage.
The Working Group, in its opinion, thought-about that the 4 leaders, all of whom are over sixty years outdated, have been arbitrarily detained for greater than a decade. The opinion emphasised the quite a few issues expressed about their well being, regardless of the federal government’s perception that they’re in good well being.
As said within the opinion, all people have been forcibly disappeared for a interval ranging between one and three months and denied cellphone contact and visits from their relations. Moreover, Mr. Hasan Mushaima has been in extended solitary confinement since July 2021 on the Kanoo Medical Middle as a retaliatory measure, confirming that Mr. Mushaima’s case has been beforehand included within the experiences of the UN Secretary-Normal in 2012, 2021, and 2022.
Furthermore, all people have been subjected to extreme types of torture, together with bodily beating, kicking, sexual assault, hanging, pressured nudity in chilly circumstances, pouring chilly water, and threats of rape and dying. As well as, they have been denied authorized counsel and truthful trial procedures.
The Working Group asserts, on this opinion No. 74 / 2023, that the Bahraini authorities failed to answer the claims that every one 4 people have been warrantlessly arrested and weren’t knowledgeable of the rationale for the arrest. Consequently, the authorized foundation for the arrests was not invoked. Furthermore, the 4 people weren’t promptly introduced earlier than a choose as required.
The WGAD emphasizes that people needs to be offered earlier than a choose inside 48 hours, with any delay deemed distinctive and justifiable below the circumstances. Since not one of the people have been introduced inside this stipulated time-frame, authorities have violated Article 9 of the Worldwide Covenant on Civil and Political Rights (ICCPR).
Based mostly on these findings, the Working Group concluded that the detention of all 4 people is unfair below Class I because of the absence of a authorized foundation.
The Working Group factors out that ADHRB established that every one 4 opposition leaders have been arrested for taking part in pro-democracy protests and exercising their freedom of opinion and expression, in violation of articles 19 and 20 of the Common Declaration of Human Rights and articles 19, 21, and 22 of the ICCPR. The WGAD thought-about that the 4 people’ proper to freedom of expression was restrained by utilizing broad and obscure provisions within the Legal Code of Bahrain, “making assemblies unlawful to disperse protests violently and make arrests”.
The WGAD identified that ADHRB “has offered a reputable and unrefuted case that the permissible restrictions on the rights exercised by the 4 people, as set out in articles 19 (3), 21, and 22 (2) of the Covenant, don’t apply within the current case”. Subsequently, the Working Group finds that every one 4 people have been detained for the peaceable train of their rights below articles 19 and 20 of the Common Declaration of Human Rights and articles 19, 21, and 22 of the ICCPR. Consequently, the Working Group concludes that the detention of those 4 males is unfair below Class II.
The Working Group factors out that ADHRB established that every one 4 people have been denied their proper to a good trial because of violations associated to their entry to authorized counsel from the time of their arrest and through their interrogations, and denied satisfactory time and amenities to organize for trial. Whereas the federal government didn’t particularly refute these allegations, though it made sporadic references to legal professionals being current, the Working Group, bearing in mind ADHRB’s detailed submissions and the Authorities’s restricted response on the matter, thought-about that ADHRB established that the 4 males didn’t have entry to a lawyer at key phases, primarily the arrest and interrogations phases. The Working Group, subsequently, founds that “the 4 males’s proper to immediate recourse to efficient authorized counsel was denied, in violation of article 10 of the Common Declaration of Human Rights and article 14 (1) and (3) (b) and (d) of the Covenant.”
The Working Group additional highlights that ADHRB offered detailed descriptions of extreme bodily and psychological torture allegedly inflicted upon the people to extract confessions. It additionally signifies that ADHRB talked about that the confessions obtained by torture have been used towards all 4 people of their trial. Whereas the federal government argues that the courtroom didn’t rely, in its remaining ruling, on the people’ confessions, limiting itself to different corroborative proof, the WGAD reiterates that utilizing statements obtained by torture as proof throughout trials renders all the proceedings unfair and that confessions made within the absence of authorized counsel usually are not admissible as proof in prison proceedings. The Working Group argues that whereas the Authorities didn’t state that the people’ confessions have been used as proof, it did not deny the data that they have been pressured to admit, in violation of Article 14 (3) (g) of the ICCPR.
The federal government argues that no torture-related accidents have been seen when the 4 males have been introduced earlier than the prosecutors and that the 4 people said earlier than the prosecutors that they didn’t have any invisible accidents. In response, the Working Group stated that the 4 males could have had invisible accidents or sustained accidents at a later date. It additionally recalled that “in keeping with the Handbook on the Efficient Investigation and Documentation of Torture and Different Merciless, Inhuman or Degrading Therapy or Punishment (Istanbul Protocol), the absence of bodily proof shouldn’t be construed as suggesting that torture didn’t happen, since acts of violence steadily go away no marks or everlasting scars”.
The WGAD cites ADHRB’s info that officers withheld Sheikh Mahroos’ medicine throughout his pre-trial detention, inflicting him to bleed internally. It additionally recalled earlier issues raised by UN specialists concerning the alleged denial of satisfactory well being look after critical well being circumstances to detainees held in Jau Jail, together with Mushaima. The Working Group underscores that the denial of medical care can quantity to a type of torture and that there are nonetheless critical issues concerning the deterioration of the well being situation of Sheikh Maki and Sheikh Mahroos because of their deprivation of medical care.
The Working Group reiterated its concern concerning the effectiveness of the SIU, indicating that the Ombudsman and the SIU are neither impartial nor efficient, as they depend on info offered by the identical authorities which are below investigation and “don’t seem to have an impartial technique of conducting its personal verifications”. Subsequently, the WGAD argued that complaints made to those investigative our bodies don’t seem to have resolved the problems raised.
Consequently, the WGAD concludes that the rights to a good trial and due course of rights of the 4 people have been violated, rendering their detention arbitrary below class III.
The Working Group notes that ADHRB offered info that every one 4 people confronted discrimination and insults for his or her political views and non secular affiliation, rendering their detention arbitrary below class V.
Given the details offered, the Working Group expresses its concern concerning the life-threatening medical neglect of those 4 aged people. In doing so, it reminds the Authorities of its obligations below Article 10 (1) of the Worldwide Covenant on Civil and Political Rights (ICCPR) and guidelines 1, 24, 27, and 118 of the Nelson Mandela Guidelines.
The Working Group notes that this case follows a sample just like many others from Bahrain which were introduced earlier than it. These patterns contain warrantless arrests, pretrial detention with restricted entry to judicial evaluate, denial of legal professional entry, pressured confessions, torture, ill-treatment, and denial of medical care. The Working Group emphasizes that “below sure circumstances, widespread or systematic imprisonment or different extreme deprivation of liberty in violation of the principles of worldwide legislation could represent crimes towards humanity.”
Therefore, the Working Group urges the Bahraini authorities to instantly and unconditionally launch all 4 prisoners. Moreover, it urges the Bahraini authorities to make sure an intensive and impartial investigation into the circumstances surrounding the circumstances of those 4 people. The WGAD requires applicable measures to be taken towards these accountable for the violation of their rights. The opinion concludes by reiterating its readiness to conduct a rustic go to, noting that its final go to was in October 2001.
ADHRB firmly helps and stands behind the WGAD’s opinion and proposals. ADHRB reiterates its name for the speedy launch of all 4 people and urges that they be supplied with appropriate compensation in accordance with worldwide legislation. Moreover, ADHRB reiterates the Working Group’s calls for for an intensive and neutral investigation into the circumstances surrounding the arbitrary deprivation of liberty of the 4 victims. Moreover, ADHRB calls on Bahrain for applicable measures to be taken towards these accountable for the violation of their rights and to cease the coverage of impunity. Lastly, ADHRB raises the alarm concerning the deteriorating well being of those 4 leaders because of the critical ongoing medical negligence, holding the Bahraini authorities accountable for any additional deterioration of their well being situation.
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