GCC Cases Raised in the HRC 34 Special Procedures Joint Communications Report

Bahrain

JUA

BHR 3/2016

·   freedom of opinion and expression

·   freedom of peaceful assembly and of association

·   health

·   human rights     defenders

·   torture

“Concern is expressed at the arbitrary arrest, detention and charges brought against of Mr. Rajab, as well as the raid of his residence and the confiscating of his personal electronic equipment, and the that these actions appear to be directly related to the exercise of the right to freedom of expression through his peaceful and legitimate activities advocating for human rights in Bahrain. Grave concern is expressed at the alleged placement of Mr. Rajab in prolonged solitary confinement and the consequent deterioration of his health status, which may require access to specialized medical treatment. Finally, we express concern at the continued use of repressive legislation that constitute restrictions to the right to freedom of expression that are incompatible with international human rights law.”

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07 Jul 2016

Bahrain

JAL

BHR 2/2016

·   freedom of peaceful assembly and of association

·   human rights defenders

Information received concerning the alleged condemnation of Mr. Ali Salman to 9 years of imprisonment as well as the suspension of Al Wefaq National Islamic Society.

“We express particular concern the measures undertaken against Al-Wefaq, including the ordering of its dissolution and blocking of its website, represent limitations to the rights to freedom of expression and freedom of association that are incompatible with the standards of international human rights law. Serious concern is expressed about the broader impact of the above allegations, in particular the criminalization of speech, which may have a “chilling effect” on civil society and human rights defenders, particularly on individuals exercising their rights to freedom of association and expression, such as political activists, human rights defenders and organizations.”

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08 Jul 2016

Bahrain

JAL

BHR 4/2016

·      freedom of opinion    and expression

·      freedom of peaceful assembly and of association

·      human rights defenders

Information received concerning allegations of a travel ban imposed on human rights defenders, Mr. Hussain Salam Ahmed Radhi, Ms. Ebtesam Abdulhusain Ali-Alsaegh, Mr. Ebrahim Al-Demistani and Mr. Abdulnabi Al-Ekry in an act of reprisal for their cooperation with the United Nations Human Rights Council, and their human rights work through the exercise of their rights to freedom of expression and freedom of association.

“Grave concern is expressed at the allegations that the travel bans issued against Mr. Radhi, Ms. Ali-Alsaegh, Mr. Al-Demistani and Mr. Al-Ekry constitute acts of reprisal for the exercise of their rights to freedom of expression and freedom of association in relation to their human rights work, including in seeking to cooperate with the United Nations, its mechanisms and representatives in the field of human rights, namely with the Human Rights Council. Additional concern is expressed about the broader effect of the imposition of travel bans as a means of preventing the legitimate exercise of rights, which may have a chilling effect on human rights defenders and civil society as a whole, particularly those with dissenting opinions, exercising their rights to freedom of association and freedom of expression.”

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Bahrain

JUA

BHR 5/2016

·      freedom of opinion and expression

·      freedom of peaceful assembly and of association

·      human rights defenders

·      independence of judges and lawyers

·      migrants

·      privacy

·      religion or belief

·      terrorism

Information received concerning systematic persecution and repression of the Shias in Bahrain through undue restrictions to their rights to freedom of religion or belief, freedom of expression and peaceful assembly, including: dissolution of Al-Wefaq National Islamic Society, shutting down of faith based organizations, restriction on the practice of Khums, harassment of Shia clerics, restrictions on Friday Prayers and peaceful assembly, denaturalization of Ayatollah Sheikh Isa Qassim and other Shias, discriminatory treatment of Dr. Abduljalil Al-Singace in prison and the travel ban imposed on Sheikh Maytham Al-Salman.  Alleged victims: 28

“While we do not wish to prejudge the accuracy of these allegations, we are deeply concerned by the systematic persecution and repression of the Shia population, religious leaders, peaceful dissidents, including human rights defenders, in Bahrain based on their religion or belief. Concerns are expressed at the harassment of the religious clerics through arbitrary arrests, detention and interrogation; violation of freedom of expression, including by criminalizing legitimate speech and undue restriction to access to the Internet. Additional concern is expressed at the restrictions of movement and freedom of 6 assembly and association of the Shias, including for Friday prayers. Further concern is expressed at the unfair processes of denaturalization of many dissidents and religious clerics that lead to statelessness and arbitrary deportation. We are also concerned at the discriminatory treatment and the lack of medical attention to Dr. Abduljalil Al-Singace.”

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15 Aug 2016

Bahrain

JAL

BHR 6/2016

·      independence of judges and lawyers

·      torture

“Concern is expressed at the absence or at least serious delay of a thorough, independent and impartial investigation or prosecution into the allegations of torture and ill-treatment of Mr. Mohammed Ramadan and the continued upholding of his conviction and imposed death sentence following judicial proceedings that do not appear to have fulfilled the most stringent guarantees of fair trial and due process, particularly in connection with the reliance on false confessions extracted under torture as a basis for the verdict. While we welcome the opening of a new investigation into the allegations of torture and ill-treatment of Mr. Ramadan, we express concern at the entrusting of this important investigation to the same State institution, the Ombudsman’s Office, whose earlier investigations raised serious doubts regarding their independence, professionalism and thoroughness.”

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Bahrain

JAL

BHR 7/2016

·      freedom of peaceful assembly and of association

·      human rights defenders

Information received concerning allegations of a travel ban imposed on human rights defenders, Mr. Mohammed Jawad, Ms. Nedal Al-Salman, Mr. Hussain Salam Ahmed Radhi, Mr. Mohammed Al-Tajer and Ms. Enas Oun in an act of reprisal for their cooperation with the United Nations, and their human rights work through the exercise of their rights to freedom of expression and of association.

“Grave concern is expressed at the travel bans issued against Mr. Mohammed Jawad, Ms. Nedal Al-Salman, Mr. Hussain Salam Ahmed Radhi, Mr. Mohammed AlTajer and Ms. Enas Oun, in connection to their human rights work and exercise of their rights to freedom of expression and association. We also express serious concern that the travel bans may constitute an act of reprisal against the above-mentioned human rights defenders for their efforts seeking to cooperate and share information with the United Nations and its mechanisms of human rights, including with the Human Rights Council and with the COP 22 of the United Nations Climate Change Conference. Additional concern is expressed about the broader effect of the increased and repeated imposition of travel bans as a means of preventing the legitimate human rights work and exercise of rights, which may have a chilling effect on human rights defenders and civil society as a whole in Bahrain.”

Saudi Arabia

JUA

SAU 4/2016

·      freedom of opinion and expression

·      freedom of peaceful assembly and of association

·      human rights defenders

“We express serious concern that these measures appear to be directly connected to the legitimate exercise of the right to freedom of expression and association of the abovementioned individuals, as guaranteed by articles 19 and 20 of the Universal Declaration of Human Rights (UDHR). We express concern at the broad use of defamation provisions and counter-terror legislation to limit the exercise of the right to freedom of expression online and offline.”

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01 Sep 2016

Saudi Arabia

JAL

SAU 5/2016

·      executions

·      health

·      independence of judges and lawyers

·      torture

Information received concerning the widespread allegations of torture and ill-treatment, including coerced extraction of confessions, lack of investigation and prosecution into such allegations, the limited or complete lack of medical care in detention, the use of corporal punishment and the imposition of the death penalty, inhumane detention conditions as well as the use of prolonged solitary confinement (including for juveniles). Alleged victims: 6

“Serious concern is expressed about the alleged torture and ill-treatment, including coerced extraction of confessions, lack of investigation and prosecution into such allegations, the use of corporal punishment and the imposition of the death penalty after unfair trials, inhumane detention conditions as well as the use of prolonged solitary confinement (including for juveniles). Grave concern is also expressed about detainees’ physical and mental integrity as resulted from 7 abovementioned alleged violations, and at the limited or complete lack of medical care.”

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17 Nov 2016

Saudi Arabia

JAL

SAU 6/2016

·      health

·      international order

·      unilateral coercive measures

·      water and sanitation

Information received concerning the negative impact on the enjoyment of human rights of the apparent blockage of aircraft and vessels carrying essential goods from entering Yemen.

“While we do not wish to prejudge the accuracy of these allegations, we express grave concern over the deteriorating human rights conditions in Yemen due to, among 6 others, the vessel and aerial blockade. This hampers the trade of goods, resulting in the shortage and rise of basic commodities’ prices. The blockade has contributed to the obstruction of humanitarian assistance and aid. Very serious concern is expressed on the impact that these measures, which could be considered as unilateral coercive measures and not the implementation of the UNSC Resolution 2216, have had on a number of fundamental human rights, including the enjoyment of the right to health, food, and safe drinking water and sanitation. Concern is also expressed at the procedure used to inspect vessels in Yemenis ports, which may not be considered as neutral, impeding the effective and prompt clearance.”

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Saudi Arabia

JUA

SAU 7/2016

·      torture

Information received concerning the imminent execution of Mr. Mojtaba Nader Abdullah Suwaiket.

“Serious concern is expressed at the decision of the SCC to sentence Mojtaba Nader Abdullah Suwaiket to death, in contravention with international human rights law, especially the stringent respect of due process and fair trial guarantees in cases where the death penalty may be imposed, and the absolute and non-derogable prohibition of torture and other illtreatment as codified in articles 2 and 16 of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), which Saudi Arabia ratified on 23 September 1997.”

Kuwait

JUA

KWT 2/2016

·      freedom of peaceful assembly and of association

·      human rights defenders

·      torture

“Concern is reiterated about the sentencing of and the deportation order brought against Mr. al-Fadhli, which are allegedly related to his peaceful and legitimate work advocating for the rights of Bidoun people in Kuwait, as well as the exercise of the Bidoun people’s rights to freedoms of peaceful assembly, opinion and expression. Grave concern is expressed at the judicial proceedings against Mr. al Fadhli, the use of torture and ill-treatment to elicit information during his interrogation, and the lack of investigation into the ill-treatment and alleged torture he has been subject to.”

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Kuwait

JAL

KWT 3/2016

·      human rights defenders

Information received concerning the criminalization of the legitimate exercise of the right to freedom of expression through the arrest, detention and conviction of Mr. Abdulhameed Dashti, human rights defender and member of Kuwait’s National Assembly.

“We express concern at the conviction of Mr. Dashti which represents a criminalization of the legitimate exercise of the right to freedom of expression. We express further concern that the provisions upon which the arrest and conviction were made do not meet international human rights standards. We express equal concern at the broader impact this may have on the self-censorship of the free exchange of ideas on political and public matters. Consequently, such forms of intimidation and criminalization may limit legitimate human rights work and the free flow of information and ideas in society as a whole.”

27 Jun 2016

Oman

JUA

OMN 1/2016

·      freedom of opinion and expression

·      freedom of peaceful assembly and of association

·      health

·      human rights defenders

Grave concerns are raised regarding Mr. Jadad’s serious and deteriorating health condition while in detention and lack of access to adequate medical treatment. Mr. Said Ali Said Jadad is an Omani human rights defender, journalist and blogger, advocating for democratic reforms in the country. He reportedly played an important role in organizing the peaceful pro-reform demonstrations in Dhofar in December 2011.

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Oman

JAL

OMN 2/2016

·      freedom of opinion and expression

·      human rights defenders

·      religion or belief

Information received concerning allegations regarding criminalization of expression through the conviction of Mr. Hassan al-Basham, human rights defender and former diplomat, for posts made on social media in Oman.

“We express grave concern at the arrest and conviction of Mr. al-Basham, which represent a criminalization of the legitimate exercise of the right to freedom of religion or belief and expression as enshrined in articles 18 and 19 of Universal Declaration of Human Rights (UDHR). We express concern that the provisions upon which the arrest and conviction were made do not meet international human rights standards, including the use of blasphemy and defamation provisions to limit expression. We express further concern at the broader impact this may have in the self-censorship on political and public interest issues and the deterrent effect it may have on the free exchange of ideas on such matters. Such forms of intimidation and criminalization limit the free flow of information and ideas in society as a whole and, more broadly, negatively affect the work of human rights defenders in the country.”

Yemen

JUA

YEM 3/2016

·      minority issues

·      religion or belief

“We express our concerns of the arrest and detention of the aforementioned individuals, all of whom are Bahá’ís and some with a central administrative role within the Bahá’í community in Yemen, who are targeted based on their religion. We remain concerned that the due process for Mr. Kamali’s case has fallen below the fair trial standards as guaranteed by international human rights law. We are also concerned about the harsh treatments of the detainees and the health conditions of Mr. Kamali in prison.”