Introduction
Mohammed Ramadan and Hussain Moosa are two Bahraini citizens who became internationally known due to their controversial legal cases in Bahrain. Both men were arrested in February 2014 and subsequently sentenced to death, sparking widespread criticism from human rights organisations worldwide. The circumstances surrounding their arrests, interrogations, and trials have been widely condemned, particularly due to allegations of severe torture used to extract confessions. Mohammed Ramadan, a former airport security officer, and Hussain Moosa, a hotel employee, were accused of participating in a bomb attack in Al-Dair that resulted in the death of a police officer. Despite retracting their confessions and asserting that they were obtained under duress, both men were sentenced to death in December 2014. Their cases have undergone several appeals and retrials, with ongoing international advocacy highlighting serious concerns about human rights violations and the fairness of their legal proceedings.
The death penalty situation in Bahrain has significantly deteriorated since 2011, marked by a sharp increase in executions and death sentences. The Bahraini government, which had previously observed a de facto moratorium on executions, resumed them in 2017. This resurgence has seen courts frequently handing down death sentences, particularly for crimes associated with terrorism. However, many of these trials are marred by serious allegations of due process violations, including torture, forced confessions, and denial of legal representation.
The scope of the death penalty in Bahrain extends beyond the most serious crimes to encompass drug-related offenses and vaguely defined acts of terrorism, often used as a pretext to target political opponents. Mohammed Ramadan and Hussain Moosa’s case exemplify these issues, as both men were sentenced to death following allegations of torture and forced confessions during their trials for their purported involvement in a bombing. Reports indicate that the use of torture and ill-treatment to obtain confessions is widespread, with detainees often being subjected to severe physical and psychological abuse. The judiciary’s lack of independence from the executive branch exacerbates these issues, as courts frequently rely on coerced confessions and fail to investigate allegations of torture adequately. Despite international inquiries and appeals highlighting the lack of fair trial standards and the use of torture, their sentences have been upheld, reflecting broader systemic issues within Bahrain’s judicial framework regarding capital punishment.
Recommendations
Considering the serious human rights violations highlighted in the cases of Mohammed Ramadan and Hussain Moosa, it is imperative to address these systemic issues to ensure justice and uphold the rule of law in Bahrain. The following recommendations are proposed to mitigate these violations, enhance the integrity of the judicial process, and align Bahrain’s practices with international human rights standards. Implementing these recommendations will help prevent future abuses, support victims, and restore confidence in Bahrain’s commitment to human rights.
- Immediate Moratorium on Executions: The Bahraini government should impose an immediate moratorium on all executions, particularly those involving cases with allegations of torture and forced confessions. This moratorium is crucial to prevent further miscarriages of justice and to allow for a thorough review of death penalty cases. By halting executions, Bahrain can take a significant step towards protecting human life and ensuring that any potential errors in the judicial process do not result in irreversible consequences. This action would demonstrate Bahrain’s commitment to human rights and signal to the international community its willingness to rectify past injustices.
- Independent Investigations into Torture Allegations: Establish an independent, international commission to investigate allegations of torture and ill-treatment in the cases of Mohammed Ramadan, Hussain Moosa, and other similar cases. This commission should operate transparently and include international human rights experts to ensure impartiality and credibility. The commission’s findings should be made public, and its recommendations should be implemented promptly. By involving international experts, Bahrain can enhance the credibility of its investigations and reassure both domestic and international stakeholders that justice is being pursued without bias.
- Review and Retrial of Cases: All death penalty cases, especially those involving allegations of torture, should be reviewed by independent courts. Retrials should be conducted in compliance with international fair trial standards, without the use of coerced confessions. This process should include a thorough examination of all evidence and witness testimonies, ensuring that any evidence obtained through torture or other illegal means is excluded. Independent reviews and retrials will help to rectify any past injustices and ensure that the legal process is fair and transparent, thereby restoring public confidence in the judiciary.
- Strengthening the Judiciary System: Reforms are needed to ensure the independence of the judiciary from the executive branch. Judges must be empowered to dismiss cases where evidence is obtained through torture or other illegal means. Judicial independence is a cornerstone of a fair legal system and is essential for protecting human rights. Reforms should include measures to protect judges from political pressure and to ensure that their decisions are based solely on the law and the evidence presented in court. Strengthening judicial independence will help to ensure that justice is administered fairly and without undue influence.
- Capacity Building for Law Enforcement: Implement comprehensive training programs for law enforcement and judicial personnel on international human rights standards, focusing on the prohibition of torture and the right to a fair trial. Training should include practical exercises and case studies to help participants understand the real-world implications of their actions. By equipping law enforcement and judicial personnel with the knowledge and skills to uphold human rights, Bahrain can help to prevent future abuses and ensure that its legal system operates in accordance with international standards.
- Enhanced Oversight Mechanisms: Strengthen the roles and independence of oversight bodies such as the Special Investigation Unit (SIU) and the Office of the Ombudsman to ensure they can operate without political influence and effectively hold perpetrators of human rights abuses accountable. These bodies should be given the authority and resources they need to conduct thorough and impartial investigations, and their findings should be made public. Strengthening oversight mechanisms will help to ensure accountability and prevent future human rights abuses.
- International Cooperation: The Bahraini government should cooperate fully with international human rights mechanisms, including UN special rapporteurs, to facilitate independent monitoring and reporting on human rights conditions within the country. This cooperation should include granting access to international observers and providing them with the information and support they need to carry out their work. By engaging with international human rights mechanisms, Bahrain can demonstrate its commitment to transparency and accountability and benefit from the expertise and support of the international community.
- Victim Support and Compensation: Establish a comprehensive support system for victims of torture and their families, including medical, psychological, and legal assistance. Victims should be compensated adequately for their suffering and losses, and their rehabilitation should be a priority. Support services should be accessible and provided in a timely manner to ensure that victims receive the help they need to recover. By supporting victims, Bahrain can help to address the harm caused by past abuses and promote healing and reconciliation.
- Public Awareness and Education: Launch public awareness campaigns to educate citizens about their rights and the importance of due process and the prohibition of torture. This should include efforts to foster a culture of human rights within Bahraini society, using various media and outreach strategies to reach a wide audience. Education and awareness are crucial for preventing human rights abuses and for empowering citizens to assert their rights. By promoting human rights education, Bahrain can help to build a society that respects and upholds the rights of all individuals.
- Legislative Reforms: Amend national legislation to align with international human rights treaties to which Bahrain is a party, particularly regarding the definitions of terrorism and the scope of the death penalty. Ensure that laws explicitly prohibit the use of torture and mandate independent investigations into any allegations of such abuse. Legislative reforms are necessary to create a legal framework that protects human rights and ensures accountability for abuses. By aligning its laws with international standards, Bahrain can demonstrate its commitment to human rights and provide a solid legal foundation for the protection of individual rights.
Implementing these recommendations will require concerted effort and commitment from all levels of government and society in Bahrain. However, by taking these steps, Bahrain can make significant progress in addressing systemic human rights issues, ensuring justice for victims, and restoring confidence in its commitment to human rights.
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Briefing paper – Cases of M. Ramadan and H. Moosa
