The United Nations Working Group on Arbitrary Detention (WGAD) published today the opinion it adopted on 16 November 2023 during its 98th session concerning four elderly Bahraini opposition leaders. These Bahraini leaders were arbitrarily arrested and subjected to countless human rights violations including torture, enforced disappearances, prolonged solitary confinement, denial of phone contacts and visits, unfair trials, and medical negligence. These leaders are Hasan Mushaima, Sheikh Abdullah Isa Abdulla (Mirza) Mahroos, Abdulwahab Husain Ali Ahmed Ismaeel, and Sheikh Abduljalil Radhi Mansoor Makki (AlMuqdad). 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), II (when the deprivation of liberty results from the exercise of rights or freedoms), III (when violations of the right to a fair trial are so severe that the detention is rendered arbitrary), and V(when the detention is discriminatory based on religious and political beliefs).
The WGAD notes that the complaint submitted by Americans for Democracy & Human Rights in Bahrain (ADHRB) on the four Bahraini opposition leaders highlights a recurring pattern of violations, consistent with those raised in other complaints. These violations encompass “arrest without a warrant, pretrial detention with limited access to judicial review, denial of access to lawyers, forced confessions, 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 four 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 the serious allegations concerning these leaders’ exposure to various forms of severe violations, torture, continuous medical neglect, and arbitrary detention for the peaceful exercise of their rights, the Working Group has also forwarded this complaint to four other UN Special Procedure offices: the Special Rapporteur on Torture, the Special Rapporteur on the Right to Freedom of Opinion and Expression, the Special Rapporteur on the Freedom of Peaceful Assembly and Association, and the Special Rapporteur on Health. Additionally, the WGAD has forwarded this complaint to the Independent Expert on the Enjoyment of all Human Rights by Older Persons.
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 all four imprisoned opposition leaders. ADHRB also echoes the WGAD’s call for a comprehensive and impartial investigation to identify the perpetrators and hold them accountable.
“The opinion from the United Nations group strongly reinforces that which the entire world already knew: Bahrain is violently oppressing its pro-democratic forces and systematically abusing their leaders,” said Husain Abdulla, Executive Director of ADHRB. “Bahrain’s leaders are scared of democracy.”
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 four opposition leaders were arrested following home raids without an arrest or search warrant and were not informed of a reason for their arrest. Disturbingly, three of them were violently arrested. Sheikh Abdulla (Mirza) Mahroos was beaten and blindfolded during the 30-minute drive from his home to the headquarters of the National Security Agency (NSA). Mr. AbdulWahab Husain Ismaeel was beaten and his head was hit against a wall by security officers during the arrest. Furthermore, Sheikh Abduljalil Radhi Mansoor Makki (AlMuqdad) was violently arrested at his home by officers who took him outside while he was barefoot, even though he had a painful foot injury.
The Working Group, in its opinion, considered that the four leaders, all of whom are over sixty years old, have been arbitrarily detained for more than a decade. The opinion emphasized the numerous concerns expressed about their health, despite the government’s belief that they are in good health.
As stated in the opinion, all individuals were forcibly disappeared for a period ranging between one and three months and denied phone contact and visits from their relatives. Furthermore, Mr. Hasan Mushaima has been in prolonged solitary confinement since July 2021 at the Kanoo Medical Center as a retaliatory measure, confirming that Mr. Mushaima’s case has been previously included in the reports of the UN Secretary-General in 2012, 2021, and 2022.
Moreover, all individuals were subjected to severe forms of torture, including physical beating, kicking, sexual assault, hanging, forced nudity in cold conditions, pouring cold water, and threats of rape and death. In addition, they were denied legal counsel and fair trial procedures.
The Working Group asserts, in this opinion No. 74 / 2023, that the Bahraini government failed to respond to the claims that all four individuals were warrantlessly arrested and were not informed of the reason for the arrest. Consequently, the legal basis for the arrests was not invoked. Moreover, the four individuals were not promptly brought before a judge as required.
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 of the International Covenant on Civil and Political Rights (ICCPR).
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 opposition leaders were arrested for participating in pro-democracy protests and exercising their freedom of opinion and expression, in violation of articles 19 and 20 of the Universal Declaration of Human Rights and articles 19, 21, and 22 of the ICCPR. The WGAD considered that the four individuals’ right to freedom of expression was restrained by using broad and vague provisions in the Criminal Code of Bahrain, “making assemblies illegal to disperse protests violently and make arrests”.
The WGAD pointed out that ADHRB “has presented a credible and unrefuted case that the permissible restrictions on the rights exercised by the four individuals, as set out in articles 19 (3), 21, and 22 (2) of the Covenant, do not apply in the present case”. Therefore, the Working Group finds that all four individuals were detained for the peaceful exercise of their rights under articles 19 and 20 of the Universal Declaration of Human Rights and articles 19, 21, and 22 of the ICCPR. As a result, the Working Group concludes that the detention of these four men is arbitrary under Category II.
The Working Group points out that ADHRB established that all four 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, and denied adequate time and facilities to prepare for trial. Whereas the government did not specifically refute these allegations, although it made sporadic 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 four men did not have access to a lawyer at key stages, mainly the arrest and interrogations stages. The Working Group, therefore, founds that “the four men’s right to prompt recourse to effective legal counsel was denied, in violation of article 10 of the Universal Declaration of Human Rights and article 14 (1) and (3) (b) and (d) of the Covenant.”
The Working Group further highlights that ADHRB provided detailed descriptions of severe physical and psychological torture allegedly inflicted upon the individuals to extract confessions. It also indicates that ADHRB mentioned that the confessions obtained through torture were used against all four individuals in their trial. While the government argues that the court did not rely, in its final ruling, on the individuals’ confessions, limiting itself to other corroborative evidence, the WGAD reiterates that using statements obtained through torture as evidence during trials renders the entire proceedings unfair and that confessions made in the absence of legal counsel are not admissible as evidence in criminal proceedings. The Working Group argues that while the Government did not state that the individuals’ confessions were used as evidence, it failed to deny the information that they were forced to confess, in violation of Article 14 (3) (g) of the ICCPR.
The government argues that no torture-related injuries were visible when the four men were brought before the prosecutors and that the four individuals stated before the prosecutors that they did not have any invisible injuries. In response, the Working Group said that the four men may have had invisible injuries or sustained injuries at a later date. It also recalled that “according to the Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol), the absence of physical evidence should not be construed as suggesting that torture did not occur, since acts of violence frequently leave no marks or permanent scars”.
The WGAD cites ADHRB’s information that officers withheld Sheikh Mahroos’ medication during his pre-trial detention, causing him to bleed internally. It also recalled previous concerns raised by UN experts about the alleged denial of adequate health care for serious health conditions to detainees held in Jau Prison, including Mushaima. The Working Group underscores that the denial of medical care can amount to a form of torture and that there are still serious concerns about the deterioration of the health condition of Sheikh Maki and Sheikh Mahroos due to their deprivation of medical care.
The Working Group reiterated its concern regarding the effectiveness of the SIU, indicating that the Ombudsman and the SIU are neither independent nor effective, as they rely on information provided by the same authorities that are under investigation and “do not appear to have an independent means of conducting its own verifications”. Subsequently, the WGAD argued that complaints made to these investigative bodies do not appear to have resolved the issues raised.
As a result, the WGAD 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 Working Group notes that ADHRB provided information that all four individuals faced discrimination and insults for their political opinions and religious affiliation, rendering their detention arbitrary under category V.
Given the facts presented, the Working Group expresses its concern regarding the life-threatening medical neglect of these four elderly individuals. 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 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 four prisoners. 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 WGAD’s opinion and recommendations. ADHRB reiterates its call for the immediate release of all four individuals and urges that they be provided with suitable compensation in accordance with international law. Furthermore, ADHRB reiterates the Working Group’s demands for a thorough and impartial investigation into the circumstances surrounding the arbitrary deprivation of liberty of the four victims. Furthermore, ADHRB calls on Bahrain 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 these four leaders due to the serious ongoing medical negligence, holding the Bahraini government responsible for any further deterioration in their health condition.
