The United Nations Working Group on Arbitrary Detention (WGAD) published yesterday the opinion it adopted on 22 March 2024 during its 99th session concerning three young Bahraini brothers sentenced between 13 years and six months and 14 years in prison. These Bahraini brothers were arbitrarily arrested and subjected to gruesome human rights violations including torture, unfair trials, reprisals, and medical negligence. These young prisoners are twin brothers Muntadhar and Murtadha Abdali Mohamed Khatam, and their older sibling Mohamed Abdali Mohamed Hasan Khatam. The Working Group found that their detention was arbitrary under Categories I (when it is impossible to invoke a legal basis justifying the deprivation of liberty), and III (when violations of the right to a fair trial are so severe that the detention is rendered arbitrary).
The WGAD notes that the complaint submitted by Americans for Democracy & Human Rights in Bahrain (ADHRB) on the three brothers highlights a recurring pattern of violations, consistent with those raised in other complaints. These violations encompass “warrantless, pretrial detention with limited access to judicial review, denial of access to lawyers, forced confession, torture and ill-treatment, and denial of medical care.” Consequently, the Working Group emphasizes that Bahrain should address these severe violations related to the deprivation of liberty by immediately and urgently releasing all three prisoners.
Furthermore, the WGAD called on the Bahraini government to undertake a comprehensive and impartial investigation to identify the perpetrators of the violations and hold them accountable. Due to serious allegations of torture and ill-treatment, the Working Group has also forwarded this complaint to one other UN Special Procedure office: the Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Additionally, the WGAD welcomes the opportunity to conduct a country visit to assess the situation further.
Americans for Democracy & Human Rights in Bahrain (ADHRB) gladly welcomes and supports the Opinion of the Working Group, and reiterates its calls for the immediate and unconditional release of the three Bahraini brothers. ADHRB also echoes the WGAD’s call for a comprehensive and impartial investigation to identify the perpetrators and hold them accountable.
“For what seems like the millionth time, the UN has chastised Bahrain for its violations of human rights and its unjust treatment of the country’s citizens and residents”, said Husain Abdulla, Executive Director of ADHRB. “It is long past time for the international community to act on these official UN findings and hold Bahrain to account for its deplorable practices”.
The WGAD is one of the Special Procedures of the UN Human Rights Council. As part of its regular procedures, the Working Group sends allegation letters to governments concerning credible cases of arbitrary detentions. The Working Group may also render opinions on whether an individual or group’s detention is arbitrary and in violation of international law. The WGAD reviews cases under five categories of arbitrary detention: when it is impossible to invoke a legal basis justifying the deprivation of liberty (Category I); when the deprivation of liberty results from the exercise of the rights to equal protection of the law, freedom of thought, freedom of opinion and expression, and freedom of assembly, among others (Category II); when violations of the right to a fair trial are so severe that the detention is rendered arbitrary (Category III); prolonged administrative custody for refugees and asylum seekers (Category IV); and when the detention is discriminatory based on birth, national, ethnic or social origin, language, religion, economic condition, political or other opinions, gender, sexual orientation, disability, or any other status (Category V).
The Bahraini brothers were arrested for the last time in 2015 without an arrest, search, or raid warrant and were not informed of a reason for their arrest. Moreover, twin brothers Muntadhar and Murtadha Khatam were violently arrested for the first time on 22 October 2012, when they were 17-year-old minors during a raid on their neighbor’s home where they were present. Murtadha Khatam was arrested for the second time in March 2013 during a peaceful demonstration in Sitra. He was then hit directly in the face by a stun grenade, losing two of his teeth and causing swelling to his face. Their older sibling, Mohamed Khatam, fell during his first arrest in 2012, which occurred during a protest, and broke his left hand. The officers continued to beat him until he sustained additional fractures in his hand. His final arrest took place on 5 May 2015 when a plainclothes officer entered his family’s home 15 minutes after his arrival. Thereafter, many Riot Police officers warrantlessly surrounded and raided Mohamed Khatam’s family house and warrantlessly arrested him. The officers placed Mohamed Khatam inside a minibus and then immediately returned to the home, requesting his family to give them his phone. However, one of his family members refused to hand it over to the officers, and, after five hours of trying to find the phone, they left without it. Furthermore, in the final arrest of the twin brothers Muntadhar and Murtadha on 5 April 2015, while out with their friends to buy dinner, officers threw sound bombs and tear gas on their parents and relatives when they attempted to intervene to prevent the arrest.
As stated in the opinion, all three young brothers were subjected to severe forms of torture, including physical beating, threats of sexual assault, and threats of using electric shocks. Additionally, they were denied legal counsel and fair trial procedures, as the court did not appoint a lawyer to defend them, given that they and their family did not have the financial means to appoint one.
Moreover, the Working Group asserts, in its opinion No. 16/2024, that the Bahraini government failed to respond to the claims that all three individuals were warrantlessly arrested and were not informed of the reason for their arrests on each occasion. Consequently, the legal basis for all the arrests was not invoked.
The WGAD emphasizes that individuals should be presented before a judge within 48 hours, with any delay deemed exceptional and justifiable under the circumstances. Since none of the individuals were brought within this stipulated time frame, authorities have violated Article 9 (3) of the International Covenant on Civil and Political Rights (ICCPR).
The Working Group also found a violation of Article 37 (b) of the Convention on the Rights of the Child (CRC), considering that Murtadha and Muntadhar were minors at the time of their first warrantless arrest and the violations they endured during their subsequent detention.
The WGAD also concluded that Murtadha Khatam was attacked and beaten by officers, subjected to enforced disappearance, and held in solitary confinement as a retaliatory measure from 17 April 2021 to 5 May 2021 for participating in a sit-in protesting poor prison conditions and lack of care after the COVID outbreak. During this period, Murtadha was denied contact with his family or lawyers. The Working Group considered this enforced disappearance as an aggravated form of arbitrary detention, asserting that “holding persons at secret, undisclosed locations and in circumstances undisclosed to their family violates their right to contest the legality of their detention before a court or tribunal under article 9 (4) of the ICCPR.” The Working Group also considered that “solitary confinement must only be used in exceptional cases as a last resort, for as short a time as possible, subject to independent review and authorized by a competent authority.”
Based on these findings, the Working Group concluded that the detention of all three individuals is arbitrary under Category I due to the absence of a legal basis.
The Working Group points out that ADHRB established that all three individuals were denied their right to a fair trial due to violations related to their access to legal counsel from the time of their arrest and during their interrogations. Moreover, all three young brothers were denied adequate time and facilities to prepare for trial, as the court did not appoint a lawyer to defend them, given that they and their family did not have the financial means to appoint one. While the Bahraini government’s response claimed that it was proven during the trial sessions the presence of lawyers for all defendants, all three young brothers were unable to identify their lawyers. This is because the lawyers present inside the courtroom reportedly identified their presence by the case number and the number of the defendants. However, the three individuals were not aware of case numbers or their order in the case. Additionally, all three brothers did not meet any lawyer throughout the entire trial period. Whereas the government did not specifically refute these allegations, although it made references to lawyers being present, the Working Group, taking into account ADHRB’s detailed submissions and the Government’s limited response on the matter, considered that ADHRB established that the three young brothers did not have access to a lawyer at key stages, mainly the arrest, interrogations, and trial stages.
The Working Group further highlights that ADHRB provided detailed descriptions of severe physical and psychological torture allegedly inflicted upon the individuals to extract confessions, notably the visible injuries in the case of Muntadhar. It also indicates that ADHRB mentioned that the confessions obtained through torture were used against all three individuals in their trials that occurred in the absence of legal counsel. Subsequently, the Working Group emphasizes that “the admission into evidence of a statement obtained through torture renders the entire proceedings unfair.” This use of torture to extract confessions is a violation of Articles 2, 15, and 16 of the Convention against Torture (CAT). The Working Group added that “confessions made in the absence of legal counsel are not admissible as evidence in criminal proceedings”. Additionally, the WGAD found that the government violated the victims’ right to be presumed innocent under Article 14 (2) of the International Covenant on Civil and Political Rights (ICCPR) and their right not to be compelled to confess guilt under Article 14 (3) (g) of the Covenant.
Referring to the information provided by ADHRB concerning injuries resulting from torture, health issues related to detention conditions, and insufficient access to healthcare, the Working Group affirms that all three siblings were subjected to medical neglect. It underscores that the denial of medical care can amount to a form of torture. Consequently, the Working Group determined that the violations associated with the conditions of detention for the three individuals significantly undermined their ability to properly defend themselves.
As a result, the Working Group concludes that the rights to a fair trial and due process rights of the three individuals were violated, rendering their detention arbitrary under category III.
Given the facts presented, the Working Group expresses its concern regarding the medical neglect of these three young brothers. It also expresses its concern regarding the numerous allegations related to the detention conditions in Jau Prison, which have attracted international attention and reportedly led to detainees’ hunger strikes in August 2023, in which Murtadha participated, to protest these conditions. In doing so, it reminds the Government of its obligations under Article 10 (1) of the International Covenant on Civil and Political Rights (ICCPR) and rules 1, 24, 27, and 118 of the Nelson Mandela Rules.
The WGAD recalled ADHRB’s information about all three young brothers not attending school due to fear of persecution, and denying them the opportunity to take some exams in prison in retaliation for protesting the officers’ vandalism of their personal belongings, which resulted in repeating an academic year. It called on the government “to take measures to reverse or otherwise redress any prejudice that the brothers experience in this regard”. The Working Group also called upon the government to investigate allegations of the degrading inspections the young brothers were subjected to before entering the classroom, as officers touched private areas of their bodies under the pretext of inspection.
The Working Group notes that this case follows a pattern similar to many others from Bahrain that have been brought before it. These patterns involve warrantless arrests, pretrial detention with limited access to judicial review, denial of attorney access, forced confessions, torture, ill-treatment, and denial of medical care. The Working Group emphasizes that “under certain circumstances, widespread or systematic imprisonment or other severe deprivation of liberty in violation of the rules of international law may constitute crimes against humanity.”
Hence, the Working Group urges the Bahraini government to immediately and unconditionally release all three prisoners and provide them with compensation and reparation. Furthermore, it urges the Bahraini government to ensure a thorough and independent investigation into the circumstances surrounding the cases of these three individuals. The WGAD calls for appropriate measures to be taken against those responsible for the violation of their rights. The opinion concludes by reiterating its readiness to conduct a country visit, noting that its last visit was in October 2001.
ADHRB firmly supports and stands behind the WGAD’s opinion and recommendation. ADHRB reiterates its call for the immediate release of all three individuals and urges that they be provided with suitable compensation in accordance with international law. ADHRB also echoes the Working Group’s demands for a comprehensive and independent investigation into the circumstances surrounding the arbitrary deprivation of liberty of the three victims. Furthermore, ADHRB calls for appropriate measures to be taken against those responsible for the violation of their rights and to stop the policy of impunity.
Update: On 8 April 2024, a royal decree was issued, pardoning 1,584 convicts, including the three young Bahraini brothers subject to this opinion. Consequently, they were released. The opinion was adopted by the UN Working Group on Arbitrary Detention on 22 March 2024, before the issuance of the royal pardon; however, this opinion was published today on the WGAD’s website.
