Bahrain
08.02.00
Urgent Interventions
Bahrain: arbitrary arrest, torture and legal proceedings
Case BHR 090200
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Bahrain.
Brief description of the situation
The International Secretariat of OMCT has received information from the Bahrain Human Rights Organisation (BHRO), a member of the network, of the arrest, in November 1998, and resulting legal proceedings, this year, against nine youths.
According to the information received, the trial of several youths accused of plotting to destabilize the country was held on 29 January 2000 and adjourned until 1 March 2000 for sentencing. Two short sessions were held in camera and lawyers were unable to defend the case.
The nine people are Ali Mahdi, 21, Hesham Hassan, 18, Abdul Amir Al-Aradi, 19, Hussain Haider, 36, Seyyed Jaber Adnan, 38, Yousif Folath, 21, Saeed Al-Sheikh, 33, Mahmood Mohsin, 29, and Suhail Shehade, 28.
In connection with these cases, OMCT has received information that on November 24th 1998, the State controlled daily newspaper "Alayam" published a statement by "an official source" that the security institutions had undermined a plan by a group of saboteurs aimed to develop its operations of sabotage and terrorism by taking military training abroad and smuggling weapons and explosives into the country. The source allegedly added that the security institutions had arrested members of the sabotage group before they put their plan of sabotage in action, and had seized weapons and explosives that they had smuggled into the country.
The source added that the detailed confessions of the arrested suspects had been registered before the interrogating judge, and that the security institutions had circularized to the international police and other communication branches to arrest one of the leading members of this sabotage group.
The International Secretariat is gravely concerned by this statement in light of the fact that, as confirmed by BHRO, six of the defendants were incriminated by the authorities in local media a short time after their arrest, in abuse of the right to remain innocent until proved guilty. The defendants were brought before the state security court after more than one year of arrest. Furthermore, in December 1998, shortly after the arrest of these citizens, BHRO learnt that they were subjected to severe torture including beatings while haged from the foot for a long period.¨ Released detainees said that they heard some of the defendant screaming continuously. Two of the defendants were under the age of 18 at the time of arrest, but they were treated in the same manners as the others, in contradiction with the Convention on the Rights of the Child of which Bahrain is a State Party. Also, in January 1999, the Amir of Bahrain issued Law Decree no. 6/1999 amending some provisions of the Law Decree no. 16/1976 concerning explosives, weapons and ammunition. The new amendment to the law aimed to make the law even more severe raising the punishment of using explosives and weapons to life imprisonment. It is feared that these new amendments was designed for the above mentioned cases.
Remarks
These cases are part of the ongoing political unrest and the widespread popular movement calling for political reforms and the restoration of democracy.
On 26 August 1975, Amiri Act No. 14 was issued dissolving the National Assembly. Subsequently, Amiri Act No. 4 /1975 was issued suspending Article 65 of the Constitution and other articles relevant to the organization of parliamentary life. These two Acts, which are still in force, constitute a violation of Articles 65, 32/a, and 42 of the Constitution. The constitution establishes that in such an event elections for a new assembly must be held within two months. The ruling family has steadfastly refused to do it, and this refusal is one major factor underlying the current unrest.
These persons were arrested under the 1974 State Security Law which allows for the detention of a person without charge or trial for up to three years and sets a special court system "the State Security Court", a procedure of which falls short of International standards for fair trial.
OMCT is gravely concerned for the physical and psychological integrity of these detainees.
Action requested
Please write to the authorities in Bahrain urging them to:
i. take all necessary measures to guarantee the physical and psychological integrity of the above-mentioned persons;
ii. guarantee an immediate investigation into the circumstances of the arrest and trial of the above-mentioned persons and ensure the independence of the judiciary;
iii. guarantee an immediate investigation into the allegations of torture, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law;
iv. put an end to the use of arbitrary detention of people by the police and abrogate the 1974 State Security Law and all national laws and international human rights standards;
v. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards particularly the Convention Against Torture and the Convention on the Rights of the Child, ratified by Bahrain.
Addresses
His Highness Ilamad Bin Issa Al Khalifa, Office of His Highness the Amir, P.O. Box 555, The Amiri
Court, Rifa’a Palace, Bahrain. Fax : + 973 668884. Telex : 8666 Qasar BN; 8500 Qasar BN
His Excellency Al-Shaikh Khalifa Bin Salman Al Khalifa, Prime Minister, P.O. Box 1000, al-Manama, Bahrain. Telex : 9336 PROM BN or 7889 PMPO BN. FAX: + 973 533033.
His Excellency Al-Shaikh Mohammed Bin Khalifa Al Khalifa, Minister of Interior, P.O. Box 13, al-Manama, Bahrain. Fax : + 973 276765 or 290526 or 754303. Telex : 9572 PSMKT BN OR 8333 ALAMAN BN
Geneva, February 9, 2000
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Bahrain.
Brief description of the situation
The International Secretariat of OMCT has received information from the Bahrain Human Rights Organisation (BHRO), a member of the network, of the arrest, in November 1998, and resulting legal proceedings, this year, against nine youths.
According to the information received, the trial of several youths accused of plotting to destabilize the country was held on 29 January 2000 and adjourned until 1 March 2000 for sentencing. Two short sessions were held in camera and lawyers were unable to defend the case.
The nine people are Ali Mahdi, 21, Hesham Hassan, 18, Abdul Amir Al-Aradi, 19, Hussain Haider, 36, Seyyed Jaber Adnan, 38, Yousif Folath, 21, Saeed Al-Sheikh, 33, Mahmood Mohsin, 29, and Suhail Shehade, 28.
In connection with these cases, OMCT has received information that on November 24th 1998, the State controlled daily newspaper "Alayam" published a statement by "an official source" that the security institutions had undermined a plan by a group of saboteurs aimed to develop its operations of sabotage and terrorism by taking military training abroad and smuggling weapons and explosives into the country. The source allegedly added that the security institutions had arrested members of the sabotage group before they put their plan of sabotage in action, and had seized weapons and explosives that they had smuggled into the country.
The source added that the detailed confessions of the arrested suspects had been registered before the interrogating judge, and that the security institutions had circularized to the international police and other communication branches to arrest one of the leading members of this sabotage group.
The International Secretariat is gravely concerned by this statement in light of the fact that, as confirmed by BHRO, six of the defendants were incriminated by the authorities in local media a short time after their arrest, in abuse of the right to remain innocent until proved guilty. The defendants were brought before the state security court after more than one year of arrest. Furthermore, in December 1998, shortly after the arrest of these citizens, BHRO learnt that they were subjected to severe torture including beatings while haged from the foot for a long period.¨ Released detainees said that they heard some of the defendant screaming continuously. Two of the defendants were under the age of 18 at the time of arrest, but they were treated in the same manners as the others, in contradiction with the Convention on the Rights of the Child of which Bahrain is a State Party. Also, in January 1999, the Amir of Bahrain issued Law Decree no. 6/1999 amending some provisions of the Law Decree no. 16/1976 concerning explosives, weapons and ammunition. The new amendment to the law aimed to make the law even more severe raising the punishment of using explosives and weapons to life imprisonment. It is feared that these new amendments was designed for the above mentioned cases.
Remarks
These cases are part of the ongoing political unrest and the widespread popular movement calling for political reforms and the restoration of democracy.
On 26 August 1975, Amiri Act No. 14 was issued dissolving the National Assembly. Subsequently, Amiri Act No. 4 /1975 was issued suspending Article 65 of the Constitution and other articles relevant to the organization of parliamentary life. These two Acts, which are still in force, constitute a violation of Articles 65, 32/a, and 42 of the Constitution. The constitution establishes that in such an event elections for a new assembly must be held within two months. The ruling family has steadfastly refused to do it, and this refusal is one major factor underlying the current unrest.
These persons were arrested under the 1974 State Security Law which allows for the detention of a person without charge or trial for up to three years and sets a special court system "the State Security Court", a procedure of which falls short of International standards for fair trial.
OMCT is gravely concerned for the physical and psychological integrity of these detainees.
Action requested
Please write to the authorities in Bahrain urging them to:
i. take all necessary measures to guarantee the physical and psychological integrity of the above-mentioned persons;
ii. guarantee an immediate investigation into the circumstances of the arrest and trial of the above-mentioned persons and ensure the independence of the judiciary;
iii. guarantee an immediate investigation into the allegations of torture, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law;
iv. put an end to the use of arbitrary detention of people by the police and abrogate the 1974 State Security Law and all national laws and international human rights standards;
v. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards particularly the Convention Against Torture and the Convention on the Rights of the Child, ratified by Bahrain.
Addresses
His Highness Ilamad Bin Issa Al Khalifa, Office of His Highness the Amir, P.O. Box 555, The Amiri
Court, Rifa’a Palace, Bahrain. Fax : + 973 668884. Telex : 8666 Qasar BN; 8500 Qasar BN
His Excellency Al-Shaikh Khalifa Bin Salman Al Khalifa, Prime Minister, P.O. Box 1000, al-Manama, Bahrain. Telex : 9336 PROM BN or 7889 PMPO BN. FAX: + 973 533033.
His Excellency Al-Shaikh Mohammed Bin Khalifa Al Khalifa, Minister of Interior, P.O. Box 13, al-Manama, Bahrain. Fax : + 973 276765 or 290526 or 754303. Telex : 9572 PSMKT BN OR 8333 ALAMAN BN
Geneva, February 9, 2000
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.