The United Nations Working Group on Arbitrary Detention (WGAD) published yesterday the opinion it adopted on 30 August 2024 during its 100th session concerning the detention of four Bahraini nationals, one of whom was a minor at the time of the arrest, who were sentenced between 23 years and life imprisonment. These Bahraini individuals were arbitrarily arrested and subjected to gruesome human rights violations including enforced disappearance, torture, coerced confessions, unfair trials, reprisals, and medical negligence. These prisoners are Habib Ali Habib Jasim Mohamed AlFardan, Jasim Mohamed Saeed Ahmed Ali Ajwaid, Husain Ali Basheer Ali Khairalla, and Ebrahim Yusuf Ali Ebrahim AlSamahiji. 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, in its opinion No. 40/2024, that the complaint submitted by Americans for Democracy & Human Rights in Bahrain (ADHRB) on the four Bahraini individuals 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, forced disappearances, prosecution under vaguely worded criminal offenses for the peaceful exercise of human rights, trial by courts lacking in independence, torture, ill-treatment, and denial of medical care”. Consequently, the Working Group stresses that Bahrain must urgently address these severe liberty deprivations by immediately releasing Habib Ali AlFardan and Ebrahim Yusuf AlSamahiji, who both remain in prison, offering compensation and reparations for them and for Jasim Mohamed Ajwaid and the minor Husain Ali Khairalla, who were released under the 8 April 2024 royal pardon, conducting a full, independent investigation into the arbitrary detention of all four individuals, and taking measures against those responsible. 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 Working Group’s Opinion and reiterates its call for the immediate and unconditional release of Ebrahim Yusuf AlSamahiji and all political prisoners. ADHRB also echoes WGAD’s demand for compensation and reparations for all four victims, along with a comprehensive, impartial investigation to identify and hold the perpetrators accountable.
“This is the 23rd time since 2011 that the UN has found Bahrain guilty of human rights violations including illegal and arbitrary deprivation of liberty. The Bahraini government’s actions — enforced disappearances, torture, coerced confessions, and medical neglect — constitute blatant violations of international human rights standards”, said Husain Abdulla, Executive Director of ADHRB. “We call on Bahrain to act immediately to release all political prisoners, compensate all victims, and hold accountable those responsible for these heinous abuses”.
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 violates 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 four Bahraini individuals, aged 16 to 39 years at the time of arrest, were apprehended in 2015 without arrest, search, or raid warrants and were not informed of the reason for their arrest, with Husain Ali Khairalla being only a 16-year-old minor back then. All four individuals were arrested during home raids conducted by officers from Bahrain’s Ministry of Interior (MOI) and were targeted for their participation in peaceful pro-democracy protests stemming from the 2011 uprising at the Pearl Roundabout. Habib Ali AlFardan and Husain Ali Khairalla had been involved in protests organized by Al-Wefaq Society, a licensed political opposition group advocating for democratic reforms and holding the largest parliamentary bloc in the Bahraini Parliament until its dissolution in 2016. Since none of the individuals were informed, at the time of arrest, of the reasons for their arrest, and were not promptly informed of their charges, authorities have violated Article 9 (2) of the International Covenant on Civil and Political Rights (ICCPR).
As stated in the opinion, all four individuals were not brought promptly before a judge as required. The WGAD states that individuals should appear before a judge within 48 hours; however, none of them were presented within this timeframe, constituting a violation of Article 9 of the ICCPR. The Convention on the Rights of the Child (CRC) mandates that minors be brought before a judge within 24 hours of arrest, a requirement not met for the minor Husain Ali Khairalla. While the Government of Bahrain claimed that all individuals were questioned by the Public Prosecution Office (PPO), which then ordered their detention, the Working Group emphasized that the PPO “cannot be considered a judicial authority for the purposes of Article 9 (3) of the ICCPR.”
Additionally, the WGAD noted ADHRB’s information that all four individuals were subjected to enforced disappearance for periods ranging from seven to 22 days, during which their families and lawyers were not informed of their whereabouts. The Working Group noted that the Bahraini government has failed to refute this information, therefore the group considered that the four individuals had been subjected to enforced disappearance. The WGAD considered that these enforced disappearances also severely restricted the prisoners’ ability to challenge their detention and violated their right to an effective remedy. Consequently, the Working Group considered these enforced disappearances in violation of Article 8 of the Universal Declaration of Human Rights (UDHR) and Articles 2 (3), 9, and 14 of the ICCPR.
Moreover, the four victims were denied legal counsel and fair trial procedures, with no access to their lawyers during interrogations and limited or no access throughout the trial period. They were also unable to present evidence or challenge the evidence against them in court, which the WGAD determined violated Articles 3, 8, and 9 of the UDHR; Articles 2 (3) and 9 (1) and (4) of the ICCPR; and principles 11, 32, and 37 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment. Given that Husain Ali Khairalla was a minor, the Working Group further considered these fair trial violations as breaching Article 37 (b) of the CRC.
Based on these findings, the Working Group concluded that the detention of all four individuals is arbitrary under Category I due to the absence of a legal basis.
The Working Group points out that ADHRB established that all four individuals had limited or no access to legal counsel of their choice after their arrests and during investigations and trials. They were denied adequate time and facilities to prepare for trial. Even when they had access to legal counsel, communication with their lawyers was either limited or prohibited altogether, depriving them of the ability to mount an effective defense. Furthermore, the WGAD expressed grave concerns regarding the trials in absentia for Habib Ali AlFardan, Jasim Mohamed Ajwaid, and minor Husain Ali Khairalla, denying them the right to be tried in their presence, in violation of Article 14 (3) (d) of the ICCPR and Article 40 of the CRC.
The Working Group further highlights that ADHRB provided credible detailed information of severe physical and psychological torture allegedly inflicted upon the individuals to extract confessions. Habib Ali AlFardan, who was still recovering from brain surgery, faced extreme physical and psychological abuse. Officers threatened to target his surgical site and subjected him to handcuffing, beatings, and various forms of harassment, despite the presence of a medical report advising Habib to refrain from physical and mental stress. Similarly, Jasim Mohamed Ajwaid was subjected to electric shocks, prolonged beatings, sleep deprivation, and other forms of physical and psychological torture. In addition, Husain Ali Khairalla and Ebrahim Yusuf AlSamahiji were forced to stand for long hours, deprived of sleep, and faced threats of sexual violence. The WGAD also indicates that ADHRB mentioned that the torture inflicted on the four victims resulted in coerced confessions that were later used as evidence against them in their trials. Subsequently, the Working Group emphasizes that “the admission into evidence of a statement allegedly obtained through torture or ill-treatment renders the entire proceedings unfair, regardless of whether other evidence was available to support the verdict”. While the government tried to deny these claims by mentioning that it investigated the allegations, however, the cases were dismissed or archived, the WGAD, taking into account ADHRB’s credible submissions and the government’s limited response on the matter, considered that ADHRB established that all four individuals were subjected to torture and coerced confessions. Consequently, the Working Group considers that the burden is on the government to prove that statements were given freely. The Working Group considered this use of torture to extract confessions to be a violation of Article 5 of the UDHR, Article 7 of the ICCPR, and Articles 2 and 16 (1) of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). Additionally, the torture inflicted on Husain Ali Khairalla when he was a minor violates Article 37 (a) of the CRC. The WGAD added that the government’s reliance on the coerced confessions of these four individuals for their criminal convictions further violates Article 14 (3) (g) of the ICCPR and Article 40 (2) (b) (iv) of the CRC.
The Working Group also found violations of Articles 37 (a), (b), (c), and (d) and 40 (2) (b) (ii), (iii), and (iv) of the CRC, noting that Husain Ali Khairalla was a minor at the time of his warrantless arrest and suffered abuses during detention, including torture, denial of attorney access, and unfair trials. Additionally, the WGAD highlighted that Jasim Mohamed Ajwaid was tried in absentia for offenses allegedly committed as a minor, violating Article 40 of the CRC.
As a result, the Working Group concludes that the rights to a fair trial and due process rights of the four individuals were violated, rendering their detention arbitrary under category III.
The WGAD welcomes the 8 April 2024 pardon that released Jasim Mohamed Ajwaid and Husain Ali Khairalla; however, given the unrebutted facts presented by ADHRB, it expresses its concern regarding the well-being of Habib Ali AlFardan and Ebrahim Yusuf AlSamahiji, who have been detained for over nine years. In doing so, it reminds the government of its obligation under Article 10 (1) of the ICCPR to ensure that all persons deprived of their liberty are treated with humanity and with respect for the inherent dignity of the human person.
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, enforced disappearances, torture, ill-treatment, prosecution under vaguely worded criminal offenses for the peaceful exercise of human rights, and denial of medical care. The WGAD 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 Habib Ali AlFardan and Ebrahim Yusuf AlSamahiji and provide compensation to remedy the situation of all four individuals, including Jasim Mohamed Ajwaid and Husain Ali Khairalla, who were recently released under the 8 April 2024 royal pardon, without delay and in conformity with the relevant international norms. Furthermore, it urges the Bahraini government to ensure a thorough and independent investigation into the circumstances surrounding the cases of these four 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 UN WGAD’s opinion and recommendations, and reiterates its call for the immediate release of Ebrahim Yusuf AlSamahiji. ADHRB further echoes the Working Group’s demand that the Bahraini government provide all four individuals, including the two released prisoners Jasim Mohamed Ajwaid and Husain Ali Khairalla, with full compensation and reparations for the extensive human rights abuses they endured in detention. ADHRB also reiterates the WGAD’s demands for a thorough and independent investigation into the circumstances surrounding the arbitrary detention of these four individuals, including the torture, denial of fair trials, and medical neglect they endured. 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. Finally, ADHRB raises the alarm about the deteriorating health of Habib Ali AlFardan and Ebrahim Yusuf AlSamahiji due to the serious ongoing medical negligence, holding the Bahraini government responsible for any further deterioration in their health condition.
Update: On 4 September 2024, a royal decree was issued, pardoning 457 convicts, including Habib Ali Habib Jasim Mohamed AlFardan. Consequently, he was released. The opinion was adopted by the UN Working Group on Arbitrary Detention on 30 August 2024, before the issuance of the royal pardon; however, this opinion was published yesterday on the WGAD’s website.
