From Arbitrary Suppression to Systematic Suppression Tyranny through legal methods

Transcription

1 From Arbitrary Suppression to Systematic Suppression Tyranny through legal methods Report of the situation of human rights in Bahrain between December 2007 until December 2008 For more information: Mohammed Al-Maskati president of the Bahrain Youth Society for Human Rights or byshr.org Nader Al-Salatna Vice president of the Bahrain Youth Society for Human Rights or byshr.org 1

2 Table of Contents: 1. Introduction 2. Bahrain s international obligations towards human rights 2.1 Bahrain s accession to the conventions 2.2 Bahrain s pledges before the Human Rights Council in the Universal Periodic Review 3. Legal status for human rights 3.1 Bahrain s Constitution 3.2 Penal Code 3.3 Civil Society Law 3.4 Gathering Law 3.5 Counters- Terrorism Law 4. Human rights status in Bahrain 4.1 Arbitrary arrest 4.2 Torture 4.3 Fair trials 4.4 Targeting human rights defenders 4.5 Establishing societies 4.6 Freedom of opinion and expression 4.7 Freedom of union work 5. Recommendations 2

3 1. Introduction Bahrain started its first steps of political reform after the country shifted from country to kingdom in the year 1999, where the citizens voted for the National Action Charter with a percentage of 98.4%, after the king of Bahrain and the executive authority had given their promises of not changing the constitution of 1973 and to commit to the constitution s articles. However, according to political and human rights bodies, these vows were broken and a constitution was drafted in Political and human rights bodies rejected it owing to the concentration of the political authority in the throne s reign without referring to the citizens. Bahrain launched a new era, according to the statements made by the executive authority regarding the authority leading the political reform in the country, after an era of systematic torture, arbitrary arrest, and extra-judicial killings in the period known as the period of fire and iron where a law was drafted in 1975 identified as the State Security Law, and which gave the right to the Ministry of Interior Affairs to arrest activists and hold them in custody without charge and for long periods. Nevertheless, this era of political reform rapidly changed to consecutive security incidents, and the activists and defenders in the various areas of Bahrain, where the authority changed the arbitrary suppression in the period before the political reform 1999 to systematic suppression, and was able to draft freedom-restricting laws counter-terrorism and gathering law in addition to previous laws criticized by international organizations and bodies societies and penal law and made use of these laws in an extensive campaign of arbitrary arrests, imprisonment, torturing activists and defenders, preventing freedom of opinion and expression and obstructing local organizations concerned in human rights. The Bahrain Youth Society for Human Rights (BYSHR) believes that the international organizations and bodies should pay more attention to the human rights issues in Bahrain, especially in the period which is the focus of the report December 2007 until December 2008 due to the increase of torture, arbitrary arrest and unjust trials. The BYSHR extend an invitation to the Special Rapporteurs arbitrary arrest, torture, defenders of human rights to visit Bahrain and to look closely into human rights, and to meet the different fragments of society and the human rights organizations. 3

4 2. Bahrain s international obligations towards human rights 2.1 Bahrain s accession to the conventions: Bahrain acceded to six of the seven main conventions of the United Nations on human rights, and which are: Convention on the Elimination of All Forms of Racial Discrimination (1990), and Convention on the Elimination of All Forms of Discrimination against Women (2002), and Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1998), and Convention on the Rights of the Child (1992), and International Covenant on Civil and Political Rights (2006), and International Covenant on Economic, Social and Cultural Rights (2007). It also acceded to the two Optional Protocols to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (2004). Bahrain also acceded to four of the eight International Labour Standards on Human Rights and which are: the two conventions numbered (29) and (105) on Forced Labour and the Abolition of Forced Labour (1981, 1998 in sequence), and the convention numbered (111) on the Prevention of Discrimination in Employment and Occupation (2000), and the convention numbered (182) on the Worst Forms of Child Labour (2000). Bahrain expressed its reservations to a number of provisions of the conventions it acceded to, in the following manner: Convention on the Elimination of All Forms of Racial Discrimination : a general reservation that the convention shall in no way constitute recognition of Israel or be a cause for the establishment of any relations of any kind therewith, and to article (22) which is concerned with ways of settling dispute between State parties, concerning the interpretation or application of this Convention, to submit to the International Court of Justice. It declared that it would require the consent of all the parties to the dispute in each individual case. Convention on the Elimination of All Forms of Discrimination against Women : article (2) relating to equality before the law and the prohibition of discrimination against women in national constitutions and legislation in order to ensure its implementation within the bounds of the provisions of the Islamic Shariah. As well as article (9 paragraph 2), which is related to granting women equal rights with respect to the nationality of their children, as it contradicts the Bahraini nationality law. In addition to article (15 paragraph 4), which is related to women's equality with men in regard to freedom of movement and choice of shelter and housing, as it is contradicts the provisions of the Islamic Shariah which requires the wife to be with her husband. Also, article (16), related to eliminating the discrimination against women in all matters relating to marriage and family relations, so far as it is incompatible with the provisions of the Islamic Shariah. Article (29 paragraph 1), as well, related to settling between State parties, and referring to the International Court of Justice in case of any dispute in interpreting or applying the convention. Convention against Torture : article (30 paragraph 1), related to settling disputes between parties of the Convention, where the Bahraini government does not consider itself bound to what is stated in the above-mentioned article. (In August 1998, the Bahraini government withdrew its reservations to article (20), related to the terms of reference of the International Committee against Torture). 2.2 Bahrain s pledges before the Human Rights Council in the Universal Periodic Review: 4

5 In 2006, Bahrain pledged before the Human Rights Council to promote human rights in Bahrain, due to its candidacy for membership in the Human Rights Council. In June 2008, Bahrain was the first country to be chosen to present its report during the Universal Periodic Review for the members of the Registry. Bahrain pledged to the Council members to carry out a list of pledges in all fields of human rights ( 1 ). 3. Legal status for human rights 3.1 Bahrain s Constitution: The Bahraini constitution, issued in 2002, states the public liberties that each citizen has the right to practice, in the third chapter Public Rights and Duties ( 2 ) 3.2 Penal Code number (15) for the year 1976 with the amendments made to the law in 2005: Several organizations criticized the Bahraini penal code as it contains articles restricting the public liberties in Bahrain ( 3 ), and that the law s articles were drafted in order to be used by the authority only, as the articles are vague in the subject of crime, and that these articles are usually used against the defenders of human rights and political activists, for example: Article 134 Any citizen who deliberately broadcasts false news, statements or rumours on the internal situation in Bahrain which could weaken economic confidence in Bahrain, its prestige and diplomatic relations, or initiated an activity in any way that would harm national interests, that is punishable by imprisonment of no less than three months and subject to a fine of no less than one hundred dinars, or both. The punishment is imprisonment of no less than ten years if the crime occurred at a time of war. Article 134 repeated: Any citizen, regardless of his profession, who attends without government authorization, a conference, meeting or seminar abroad, or who participates in any form, discussing the political, social or economic situation in Bahrain, or any other country, and which is likely to weaken economic confidence in Bahrain, its prestige and diplomatic relations, or what harms the political relations between Bahrain and those countries, is punishable by imprisonment of no less than three months and subject to a fine of no less than one hundred dinars, or both. The same punishment is applicable if the person meets, without government authorization, representatives or delegates of any foreign country, body, organization, society, union, trade union or association to discuss any of the matters stated in the previous paragraph. 1 The National Report (Universal Periodic Review) Human Rights Council 2 Bahrain s Constitution Issued in Bahrain s Penal Law 5

6 Article 159 Anyone who founded, established, organized or managed a society, body or organization or a branch of these, intending to overthrow or change the main, social or economic system of the State or to favour or promote it, is punishable with life or temporary imprisonment, if the use of force, threats or any other illegal means is noted in it. The same punishment is applicable on those who invite others to join the mentioned bodies. Whoever joins a society or other of what was stated in the previous paragraph or participated in it in any given form is punishable with imprisonment. Article 160 Anyone who promotes or favours in any manner, overthrowing or changing the main, social or economic system of the State by force, threat or any other illegal means is punishable by imprisonment of no more than ten years. Article 161 Anyone who has in possession through his or her self or through a medium, or who progressed an edition or printout that contains supporting or promoting something of what was stated in the previous article without a legitimate reason, or who has in possession any means of printing or recordings or specialized publicity, or temporarily to print, record or broadcast appeals, songs or advertisement for a particular sect, society, body or organization intending to achieve one of the aims that are stated in the previous article, is punishable by imprisonment or subject to a fine. Article 162 Anyone who receives directly or through a medium in any way, money or benefits in any type from a person or body outside the State, so as to promote what was stated in article 160, is punishable with imprisonment or subject to a fine. Article 163 Anyone who founded, established, organized or managed in the State of Bahrain, without government authorization, societies, bodies or organizations, of any type, of international character or a branch of these, is punishable with imprisonment of no more than six months or subject to a fine of no more than 50 B.D. The maximum penalty is doubled if the license was obtained based on false statements. Anyone who joins the mentioned societies, bodies or organizations, as well as any citizen living in the State of Bahrain who joins or participates in any form, without government authorization, one of the mentioned organizations based abroad, is punishable with imprisonment of no more than three months and subject to a fine of no more than 30 B.D. Article 164 6

7 The court orders in the circumstances described in articles 159 and 163 to dissolve the mentioned societies, bodies, or organizations or its branches and to close down its place. It may also order to close down the places where the crimes that are stated in articles 160 and 161 occurred. The court orders in all the mentioned circumstance in the two previous articles to confiscate money and belongings in the areas designated for the meetings for the members of these societies, bodies or organizations or their branches. As it also provides for the confiscation of all money that is part of the property of the sentenced, if it was specified for expenses for the mentioned societies, bodies or organizations or its branches. Article 165 Anyone who incites, through one of the means of publicity, hatred or contempt against the regime is punishable with imprisonment. Article 169 Anyone who broadcasts, through one of the public means, false news, fabricated, falsified papers or falsely attributed to others, if it disrupts public peace, or causes harm to the public interest, or the financial trust of the State, is punishable with imprisonment of no more than two years and subject to a fine of no more than 200 B.D or with one of these two penalties. If, this publication results in disrupting public peace or causing harm to the public interest or the financial trust of the State, the penalty is imprisonment. Article 173 The penalties provided for in the preceding article are applicable on who incites others, through one of the public means, not to follow the laws or gives a good picture of something that is a crime. 3.3 Civil Society Law number (21) for the year 1989: Several international, regional, and local organizations criticized the society s law, where the organizations stressed that the law was drafted in the period preceding the democratic and political transformation in Bahrain, and that these laws restrict the civil societies work ( 4 ). 3.4 Gathering Law number (32) for the year 2006: The gathering s law undergoes complete control over political and human right events and is restricting to the freedom of gathering and demonstrating, as the law requires taking notice prior to the gathering, while the Ministry of Foreign Affairs often interferes with the course of the demonstration or the site of the protest. In case the demonstrators made political demands, or demands for the executive authority to step down, the riot police intervene without prior notice and use teargas and rubber bullets ( 5 ). 4 Society s Law number (21) for the year Criticism of the Gathering s Law number (32) of the year 2006: 7

8 3.5 Law of protecting the society from terrorist acts for the year 2006: Several organizations criticized the counter-terrorism law, due to the lack of clarity in the law in the procedures or in the definitions of terrorist practices, and several organizations assured that the law was drafted to restrict the freedom of human rights defenders in Bahrain ( 6 ). 6 Criticism on the counter-terrorism law for the year

9 4. Human rights status in Bahrain 4.1 Arbitrary arrest The Bahraini constitution states in article (19) clause (b) that, A person cannot be arrested, detained, imprisoned or searched, or his place of residence specified or his freedom of residence or movement restricted, except under the provisions of the law and under judicial supervision. In December 2007, the security authority arrested a number of human rights defenders and activists in people s committees and political societies ( 7 ), where the Special Security Forces attacked houses at dawn time. The Bahraini Public Prosecution accused the detainees of stealing a firearm with its ammunition, in addition to gathering, rioting and attacking security personnel. This is after participating in a mourning demonstration for the young Ali Jassim, who passed away in mysterious circumstances after participating in the annual martyrs demonstration which is held by the Committee of National Martyrs and Torture Victims. The authorities obstructed the demonstration and used rubber bullets and teargas. The opposition s societies accuses the government of killing Ali during the obstruct of the demonstration. The international organizations accused the security authorities of using torture to extract confessions from its detainees ( 8 ). Developments of the case ( 9 ): On 13 July 2008, the Court sentenced the following verdicts: Maythem Bader Jassim Al-Sheikh, 31 years, Jidhafs, Member of the Unemployment Committee 5 years Isa Abdulla Isa Al-Sarh, 25 years, Bani Jamra, activist in the Islamic Action Society 5 years Naji Ali Hussain Fateel, 31 years, Bani Jamra, member in the Bahrain Youth Society for Human Rights 5 years Mohammed Abdulla Al-Sangees, 40 years, head of the Committee Against High Prices 5 years Hassan Abdul-Nabi Hassan, 26 years, Sitra, member of the Unemployed Committee 7 years and a fine The defense attorney appealed against the sentences, where he assured that the Court did not look into the torture that the specialized medical committee confirmed, and the Appeal Court confirmed the sentences. In March and April 2008, the security authorities arrested a number of activists from the Bahraini areas and villages Karzakan Demistan Hamala Malkiya, the Public Prosecution charged the first group with burning the farm of a member of the ruling family, and the second group killing a security officer using Molotov cocktails ; local and 7 Front Line Defenders Protection of Human Rights Defenders report about the arrest 8 Human Rights Watch report on torture 9 For more information about the case and the appeal, contact the defense attorney Hafedh Ali

10 international organizations verified that the detainees were exposed to torture in order to extract confessions ( 10 ). Developments of the case ( 11 ): The owner of the farm waived his right to compensation, however, the accused are still being held in detention without clarifying the reasons. In the accusation of killing the police officer, the defense disclosed a document that verifies that the death of the police officer took place prior to the period indicated by the Ministry of Interior Affairs in its statement and which is April In its last session, the Court prevented the families of the detainees from entering the courtroom. The defense confirmed that it abandoned defending the detainees due to the terrible conditions in the detention centre, where the Ministry of Interior Affairs refuses to transfer them from the Criminal Investigations center known for its bad reputation to another detention centre. The Judge decided to appoint a new defense, but the detainees and their families declined that. In October 2008, the security authorities arrested some which are believed to be activists from their areas of residence. The Public Prosecution charged them with the attempt of attacking a car with three youngsters in it in Demistan area using a Molotov cocktail; among the detainees are children who are under the age of 15. Developments of the case ( 12 ): The Public Prosecution transferred them to Court and charged them with attacking others with the purpose of causing damage. 4.2 Torture: The Bahraini constitution states in article (19 clause d) that, No person shall be subjected to physical or mental torture, or inducement, or undignified treatment, and the penalty for so doing shall be specified by law. Any statement or confession proved to have been made under torture, inducement, or such treatment, or the threat thereof, shall be invalid. Several reports issued by local and international organizations confirmed the torture practiced by the National Security Service in the Criminal Investigation s building 13 In Adliya Area where in this building activists are tortured to extract confessions from them on security issues. One of the former detainees said that he was tortured in this building ( 14 ), the forms of torture were as follows: Electric shock Sexual assault Hanging down by the feet and hands 10 Front Line Defenders Protection of Human Rights Defenders report about torture 11 For more information on the case, contact the defense attorney Ahmad Al-Arrayidh For more information on the case, contact the defense attorney Ahmad Al-Arrayidh Human Rights Watch report on torture 14 The detainee refused to state his name for fear of revenge. 10

11 Hitting sensitive areas Hitting the back and the soles of the feet Prevention from entering restrooms or praying Insulting and abusing the detainee s family 4.3 Fair trials: The Bahraini constitution states in article (20 clause c) that, An accused person is innocent until proven guilty in a legal trial in which he is assured of the necessary guarantees to exercise the right of defense at all stages of the investigation and trial in accordance with the law. The defendants in the case of killing the police officer; the Court Judge prevented the detainees families from attending the court sessions, and international observers and local human rights activists were not permitted entry. The security forces also searched the lawyers upon entry and harassed journalists. They also attempted to impose a defense on the detainees, after the withdrawal of the previous one, due to not carrying out their demands in changing the detention centre and improving the treatment of the detainees in prison. The ones sentenced in the case of the firearm and burning a police car; the security forces harassed the prisoner s families. The security authorities also attempted to prevent representatives of the Front Line Defenders Protection of Human Rights Defenders and The International Defense Organization from monitoring court sessions. A new wave of arrest started on December 15, All of the detainees were from Shia villages in the outskirts of the capital Manama. Relatives reported that the arrests took place at dawn without proper legal procedures. The where about of the detainees was not known until the evening of 28th December when a government run TV channel broadcasted a video clip of confessions of some of the detainees accusing themselves as being part of an alleged terrorism plot and this is against the principle of "innocent until convicted" ( 15 ). 4.4 Targeting human rights defenders Nabeel Rajab, president of the Bahrain Center for Human Rights ( 16 ): Participated in a session on discrimination in Bahrain in the U.S congress, and the local newspapers which is close to the authority launched a campaign against him and accused him of being a traitor and an agent to the West. The campaign also included Abdul-Jalil Sangees Movement for Liberty and Democracy and Mariam Al-Khawaja activists in the Bahrain Center for Human Rights ( 17 ). Abdul-Ghani Khanjar, spokesman of the National Committee for Martyrs and Victims of Torture: The Qatari authorities did not allow him entry to Qatar and sent him back to Bahrain on another flight, and he was informed that the reason of prevention was due to lists that were distributed among the Gulf States by the Bahraini Ministry of Foreign Affairs ( 18 ). Mohammed Al-Maskati, president of the Bahrain Youth Society for Human Rights ( 19 ): The Public Prosecution accused him of practicing the activity of a society before obtaining 15 Extra details on the case 16 The Bahrain Center for Human Rights website 17 Extra details on the case 18 Extra details on the case 19 The Bahrain Youth Society for Human Rights website 11

12 authorization and he was transferred to Court where the session was postponed until 15 of January The British Embassy delayed issuing a visa to Britain to participate in a human rights symposium about Bahrain, due to a collaboration between the British embassy and the Bahraini Ministry of Foreign Affairs ( 20 ). Abbas Omran, administrative member of the Bahrain Center for Human Rights: He was dismissed from Bapco company, because he disclosed administrative and financial violations between the Union and the company s board of directors ( 21 ). Abdul-redha Hassan Al-Saffar, Active in the Committees for the Defense of detainees: Apart from the published names, the fate of a detained human rights defender Abdul-redha Hassan Al-Saffar (36 years) - is not yet known. He was arrested in the early morning of Sunday 21st December 2008 from his residence in Mahooz village. Abdul-redha Hassan Al- Saffar is well known for his role in organizing peaceful sit-ins in collaboration with the families of detainees and the unemployed committee ( 22 ). 4.5 Establishing societies: The Bahraini constitution states in article (27) that, The freedom to form associations and unions on national principles, for lawful objectives and by peaceful means is guaranteed under the rules and conditions laid down by law, provided that the fundamentals of the religion and public order are not breached. No one can be forced to join any association or union or to continue in it as a member. The Ministry of Social Development still practices severe monitoring on the civil society organizations and especially the ones working in the field of human rights, where it prevented establishing the Bahrain Youth Society for Human Rights 23. It dissolved the Bahrain Nursing Society s board of directors because it refused to obey the orders of the Minister of Social Development to have Fakhriya Al-Deri member of Shura Council and a doctor run the Society s administration. The society s law 24 known for its bad reputation contains ambiguous articles, and the Minister of Social Development Fatima Al-Balushi is able to control the societies and people committees which are usually not close to the executive authority. While the Minister of Social Development, on the other hand, facilitates the procedures of the organizations that takes interest in the political loyalty to the executive authority or that does not interfere in political work an article in the law prevents entering political work but it has not clarified the meaning of political work and the Ministry offers material and moral support to these organizations in comparison to blockading the other organizations Extra details on the case Extra details on the case 22 Extra details on the case 23 The Bahrain Youth Society for Human Rights case Refer to clause 3.3 of the report on Civil Societies Law 12

13 4.6 Freedom of opinion and expression: The Bahraini constitution states in article (23) that, Freedom of opinion and scientific research is guaranteed. Everyone has the right to express his opinion and publish it by word of mouth, in writing or otherwise under the rules and conditions laid down by law, provided that the fundamental beliefs of Islamic doctrine are not breached, the unity of the people is not prejudiced, and discord or sectarianism is not aroused. The Bahraini Ministry of Information banned several websites and electronic forums which criticize the executive authority, where Batelco Company the company that provides Internet service banned the electronic websites ( 25 ). Websites of organizations working in the field of human rights were also banned, such as the website of the Bahrain Center for Human Rights and the website of The Arabic Network for Human Rights Information ( 26 ). The Security authorities arrested a group of workers in Al-Wefaq a political society ( 27 ) with the charge of writing in Awal electronic website. The Security authorities released them after investigating with them about their relation with Awal website ( 28 ). The political activist Abdulla Hassan Buhassan was arrested because he wrote an article on the Bandar scandal case in Bahrain ( 29 ). A decision was issued to remove the former Minister of Information ( 30 ) Jehad Bukamal from his position because of a political participation by Ibrahim Sharif president of a political society ( 31 ) in a program that was broadcasted live on Bahrain s government channel. The writer Mariam Al-Shrooqi Al-Wasat newspaper was transferred to the Public Prosecution, due to her writing an article on discrimination in Bahrain ( 32 ). 4.7 Freedom of union work: The Bahraini constitution states in article (27) that, The freedom to form associations and unions on national principles, for lawful objectives and by peaceful means is guaranteed under the rules and conditions laid down by law, provided that the fundamentals of the 25 Extra details on the case 26 Extra details on the case 27 Al-Wefaq National Islamic Society 28 Awal electronic website 29 Extra details on the case 30 Extra details on the case 31 The National Democratic Action Society 32 Extra details on the case 13

14 religion and public order are not breached. No one can be forced to join any association or union or to continue in it as a member. The Bahraini government still prevents establishing unions in the government sector. Najiya Abdul- Ghafar was transferred to the Public Prosecution because she established a government union in the postal sector and because of press statements ( 33 ). The unionist Abbas Omran ( 34 ) was dismissed from work because of his attempt in disclosing a corruption issue between Bapco s ( 35 ) board of directors and members of the union; it became apparent that there were administrative and financial violations. 33 Extra details on the case 34 Extra details on the case 35 Bapco company s website 14

15 5. Recommendations To defy arbitrary arrest of activists due to practicing their rights and publishing their opinions on the issues in Bahrain, and working on reforming the Public Prosecution and police. To defy torturing the defendants in detention and investigation centers, and to draft a law that criminalizes torture and to initiate an investigation with the security officers accused of using torture as a means of extracting confessions from the detainees. To reform the judiciary and to provide authentic guarantees for fair trials for the detainees in security incidents, and to allow organizations working in the field of human rights to monitor court sessions. To stop targeting activists and to provide legal and moral support for them to practice their work in absolute freedom, without oppression or harassment by the Bahraini authorities. To allow the Bahrain Youth Society for Human Rights to be established, and to provide freedom to practice the activity of any society that aims at serving the citizens in Bahrain. To stop withholding freedom of opinion and expression and to allow the electronic websites to work freely, and to support the writers that discuss national issues in the newspapers. To amend the laws that restrict public liberties and democracy with what corresponds with the international standards of human rights. 15