HRW: Bahrain: No Progress on Reform
Official Impunity, Imprisoned Activists Undermine Claims
FEBRUARY 28, 2013
In addition, a draft association law adopted by the government significantly undermines what few rights independent nongovernmental associations have under the country’s current law, Human Rights Watch said. Human Rights Watch made the assessments after meeting with high-ranking officials and with political prisoners.
“All the talk of national dialogue and reform mean nothing so long as the country’s most prominent human rights and political activists remain unjustly imprisoned while officials responsible for torture and murder remain in their positions,” said Sarah Leah Whitson, Middle East director at Human Rights Watch. “The minimum one should expect after the gross abuses by security forces during the 2011 uprising is recognition at the highest level of the security and defense forces, including the Interior and Defense Ministers, that they bear the responsibility for the failures of their forces – failures they have acknowledged – and will account for them.”
During a five-day visit, the first allowed to Human Rights Watch by the government in almost a year, three representatives met with the interior minister, Lt. Gen. Shaikh Rashid bin Abdullah Al Khalifa; theattorney general, Dr. Ali Fadl al-Buainain;Nawaf Abdulla Hamza, head of the Special Investigations Unit (SIU) responsible for investigating police excesses and command responsibility; the chief of public security,Maj. Gen. Tariq Hassan;John Timoney, senior police adviser to the Interior Ministry, and representatives of the Social Development and Human Rights ministries.
Bahrain: Imprisoned Activists (Photos)
Human Rights Watch’s visit was facilitated by the newly established Human Rights Ministry. Human Rights Watch met with the ministry’s legal affairs director, Mohamed al-Fazi, and urged the ministry to take an active role in addressing the government’s human rights shortcomings and advocating needed reforms.
Human Rights Watch said that Bahraini authorities had facilitated frank and candid meetings with government officials but that the government has unreasonably restricted its access to Bahrain, denying and ignoring numerous requests for visas over the past two years and refusing entry altogether for one representative.
In November 2011, the Bahrain Independent Commission of Inquiry (BICI), international experts appointed by King Hamad bin Isa Al Khalifa, concluded that Bahrain’s security forces operated within a “culture of impunity” and that the abuses “could not have happened without the knowledge of higher echelons of the command structure” of the security forces.
Human Rights Watch concluded, based on the discussions with officials, that authorities have made no progress in investigating and prosecuting higher-level officials responsible for the worst abuses during the 2011 protests. The abuses resulted in the death of scores of protesters and bystanders, serious injuries to hundreds of people, arrests of thousands more, and more than 300 formal allegations of torture and ill-treatment.
The attorney general and head of the Special Investigations Unit told Human Rights Watch that their investigations into those responsible for the failures of the security forces would conclude by the summer of 2013, but they would not provide information about any progress made in their investigations or about any officials whose roles were being investigated, or their ranks. Only four low-ranking officers and one first lieutenant have been convicted in the deaths of two protesters and serious injury to a third.
Hassan told Human Rights Watch that Interior Ministry officials recognized that they had made “serious mistakes” in their handling of the mass demonstrations that rocked the country in 2011. However, Shaikh Rashid, the interior minister, said that internal investigations had found wrongdoing or misconduct only by police officials up to the rank of battalion commander.
Beyond that rank, he said, internal investigations had assigned no blame for wrongdoing, and no commanders or other ranking officials had been reprimanded, reassigned, demoted, suspended, or terminated. He confirmed that the ministry had no policy of suspending from duty or reassigning police officers facing criminal charges, including excessive use of force, torture, or suspicious killing, although Human Rights Watch noted that authorities had reportedly taken into custody two policemen in connection with a shooting death on February 14, 2013.
“It is mind-boggling that the same officials who were in charge during the unprecedented shootings, beatings, killings, and torture of hundreds of Bahraini citizens have identified no wrongdoing by high-ranking officials,” Whitson said. “How can any Bahraini citizen believe promises of police overhaul when those responsible for grievous policing failures are still setting policies and able to undermine possible investigations into their roles?”
On February 26, Human Rights Watch visited several of the political and human rights activists, medics, and teachers serving sentences ranging from two years to life in Jaw Prison and met with them privately. The Interior Ministry and prison officials facilitated the meetings. Human Rights Watch was able to photograph and videotape their meetings with the detainees.
On January 7, the Court of Cassation upheld the convictions and lengthy prison terms of 13 prominent dissidents, including sentences of life in prison for seven defendants, solely for exercising their rights to free expression and peaceful assembly in the 2011 protests. Bahrain authorities should amend the laws that gave rise to the unjust sentences against these men, Human Rights Watch said. King Hamad should pardon and expunge the criminal convictions of all those whose sentences the Court of Cassation has upheld.
“There can be no real claim that justice is being done in Bahrain so long as these men remain unjustly imprisoned,” Whitson said. “King Hamad should act urgently to release these men if authorities want to restore any sense of justice among the vast majority of the population.”
Human Rights Watch also expressed grave concern about a draft law to regulate nongovernmental organizations that the Social Development Ministry submitted to the government and that is now under consideration by the Parliament. The draft law would effectively convert every association registered or seeking to register – as required – into a government-controlled entity with no capacity to operate as an independent body.
Neither Khalid al-Koheji, the assistant under-secretary for community affairs, who is responsible for nongovernmental groups, nor Sultan Hammadi, the ministry’s legal counselor for nongovernmental group affairs, were willing to discuss the draft law that they helped to prepare, claiming that it was the responsibility of the government, Human Rights Watch said.
The most disturbing aspect of the draft law is that it would allow Social Development Minister Fatima al-Balooshi to reject an application from any group if the minister determines that Bahrain “does not need its services,” or to reject an application without giving any reason at all.
The law would forbid citizens from being members of more than one group doing similar work, unless the ministry approves, and would prohibit union members from joining a group that works on activities “related to” their union. Al-Koheji also said it would allow the minister to reject a group if its work is “similar” to that of another group.
“While Bahrain’s hired PR firms run around London and Washington presenting slick ‘reform agenda’ power-points, Fatima al-Balooshi is pushing a new law designed to cripple anything resembling independent civil society,” Whitson said. “As if her authoritarian powers under the current NGO law are not bad enough, she’s now put forward a law that will give her unmitigated and arbitrary control over whether a group can even register as a legal organization.”
Human Rights Watch also expressed concern about the government’s use of penal code article 168, which authorizes a fine and up to two years in prison for anyone who willfully disseminates false news knowing that it might result in harm to national security or the public order or safety if the dissemination amounts to direct incitement to violence.
In his meeting with Human Rights Watch, al-Buainain cited this law to justify his decision to prosecute Sayed Yusuf al-Muhafadha, acting vice-president of the Bahrain Center for Human Rights (BCHR) for “disseminating false news” for posting on his Twitter account a photograph of an injured protester. The attorney general told Human Rights Watch that because the protester had been injured days earlier Muhafadha’s reposting was evidence of “his intent to incite a violent demonstration.”
“If Bahraini officials believe that an activist is inciting violence by tweeting a picture of an injured demonstrator, then it’s clear that all the human rights training sessions they’ve attended have been wasted,” Whitson said.
Human Rights Watch raised with officials concern about reports of ongoing excessive and unlawful use of teargas, to which Bahraini opposition activists have attributed at least 16 deaths. A video observed by Human Rights Watch showed security forces firing what appeared to be teargas canisters indiscriminately into what the video identified as a residential neighborhood in A’ali village on February 14. Bahraini human rights groups say that security forces have carried out massive teargas attacks into Shia neighborhoods and villages as punishment for anti-government demonstrations held there.
Two youths died in February from injuries resulting from apparent wrongful use of force. Hussein al-Jaziri, 16, died of injuries from shotgun pellets fired at close range in al-Dia on February 14, the case in which the Interior Ministry says it has taken two policemen into custody. In a separate incident that same day, a video taken shows Mahmood al-Jaziri, 22, fall to the ground in al-Nabi Salej after he was hit in the head by a teargas canister fired from about 10 meters away. He died of his injuries on February 22.
“The ministry can put stickers in police cars on the correct use of teargas, but only investigations and disciplinary measures can address what appears to be frequent misuse of teargas by officers,” Whitson said.
Human Rights Watch also met with the newly appointed police ombudsman, Nawaf al-Maawdah, and head of his investigations unit, Abd al-Rahman Faris. Al-Maawdahsaid that a decree to be issued shortly will expand the ombudsman’s authority to visit and monitor detention centers and to investigate police misconduct even in the absence of an individual complaint.
These developments can enhance the role of the ombudsman as an independent monitor of police abuse, Human Rights Watch said. Human Rights Watch urged the ombudsman to address as an urgent priority the serious lack of diversity among police forces and prison guards, almost all of whom are Sunni while the majority of the prison population and citizenry are Shia, and to investigate discrimination in hiring, including at the ranks of senior officers.
“Effective community and prison policing requires a diverse police force that the Bahraini people can believe represents them,” Whitson said.
The detainees whom Human Rights Watch met with include:
Nabeel Rajab Abd al-Hadi al-Khawaja Abd al-Wahab Hussein Ali Ahmad Hassan Ali Hasan Muhammad Mushaima Muhammad Habib al-Muqdad Abd al-Jalil Radi Mansur Makki Abd al-Jalil al-Singace Abd al-Hadi Abdullah al-Mukhudar Abdullah Isa al-Mahrus, Muhammad Ali Rida Ismail Muhammad Hassan Jawwad Ibrahim Sharif Abd al-Rahim Musa Mahdi Abu Deeb Dr. Ali al-Ekri
Bahrain: Remove Baseless Restrictions on Burial Rituals and Allow Family to Hold Funeral Where They Choose
01 MAR 2013
The Bahrain Center for Human Rights is concerned over the restrictions placed by the authorities over the funeral and burial of Mahmood Al-Jazeeri, who passed away one week ago as a result of injuries caused by a teargas canister fired directly at his head on the 14th of February (More details: http://bahrainrights.hopto.org/en/node/5655). The BCHR has received reports that his body is still in the custody of the Bahraini authorities and that his family is being prevented from claiming the body for funeral and burial in the location they choose.
The authorities are dictating where the funeral should be held. While the family wants to have it in the village of Al Daih where the family originally comes from and most of Mahmood’s family is living, the authorities will only allow them to hold the funeral in Nabih Saleh village to ensure minimum attendance as there is only one entrance to the village, which is also far away from the center of protests (the pearl roundabout). Bahrain does not have any laws dictating where a funeral must be held. The reason provided by the authorities for withholding the body is that this would "establish a precedent that was contrary to religious and social traditions of Bahrain” but has no bearing on the legal code of the country. Withholding the body is therefore illegal and a violation of the family's human rights.
Hasan Al Jazeeri, Mahmood’s brother, started a hunger strike on the 26th of February in protest of the authorities actions. Hasan is currently in detention and is serving one year’s imprisonment for a conviction he received in an unfair trial on the charge of illegal gathering and rioting, which is a common charge in Bahrain. Mahmood’s mother is appealing to be allowed to bury her son. (See: http://www.alwasatnews.com/3827/news/read/742663/1.html)
It is important to note that the placement of restrictions on the funeral of those killed by the police is not a new occurrence in Bahrain. In the 1990s the authorities forced some families to bury their killed sons without any formal funeral and in presence of only a few family members. The authorities exercise what seems to be systematic harassment of the mourners of the victims claimed by the police brutality. Since Feb 14, 2011, all funerals of the deceased have been attacked by police. It is unfortunately very common that mourners at funerals have been subjected to numerous teargas assaults by Bahraini police officers. Deaths and injuries have been reported as a result of police attacks on funerals including the death of Fadhel Al-Matrook who was shot dead with birdshots on the 15th of February 2011.
The Bahrain Center for Human Rights calls on the authorities of Bahrain to remove restrictions on burial rituals of the deceased and instead focus on holding the responsible officials in the security forces accountable for the death of Al-Jazeeri. Although there have been dozens of extra-juridical victims, no official has been fully held accountable for these violations of human rights.
OBS Annual Report 2013: Violations of the right of NGOs to funding - from harassment to criminalisation
28 Feb 2013
Bahrain: de facto ban on all foreign funding
In Bahrain, only one human rights NGO – the Bahrain Human Rights Society (BHRS) – is registered and can therefore claim access to foreign funding. Decree-Law No. 21/1989 on associations, social clubs and cultural institutions as well as on youth and sports bodies requires that prior authorisation must be given by the Ministry of Social Development for all foreign funding (Article 20). In recent years, BHRS has been denied access by the authorities to public and private funds, both domestic and foreign. The organisation has challenged these refusals before the courts since 2001, as yet to no avail.
Bahrain: Urgent Appeal - Provide Medical Attention to Detained Political Prisoner Kumail Al-Manami
Photo: Signs of torture on Kumail's face and handsIn March 2009, Kumail Al-Manami and six other men from Ma’ameer village were violently arrested following the death of a Pakistani national, whose car was burned during a confrontation with security forces. In March 2010, they were sentenced to life in prison, despite the fact that confessions were extracted under torture, lawyers presented medical reports and photo evidence of the torture and requested an independent team to examine the defendant. This request was denied by the judge. The group was tried and sentenced under the terrorism law, a law that is internationally condemned. For reference, see this video starting at the 3:20 mark - http://www.youtube.com/watch?v=gSEeWRKvNGA.
The arrested and detained in this case including Kumail were all subjected to severe forms of torture. The BCHR documented in 2010 that: “beating on all parts of the body with solid tools, at a time when the defendants were blindfolded and handcuffed, spraying burning material on the face, attempting to sexually abuse them or threatening to sexually abuse the wife, sister or mother, or by inserting iron pipes in their hind to fill their stomachs with water if they do not state the accusations they were charged with, and throwing one of them off the stairs while being handcuffed, and their relatives were prevented from visiting them for a period that exceeded the first eight months.” (See: http://bahrainrights.hopto.org/en/node/3175 )
Kumail, 28 years old, was arrested on 31 March 2009 from Al Sanabis Club. He is the primary defendant in the case which made him suffer from severer torture when he was arrested and detained back in 2009. Even after almost four years in prison the ill-treatment is ongoing. Due to the severity of the torture, he suffered a nervous breakdown, had an Epileptic attack, and was transferred to the psychiatric hospital. Kumail was taken to the psychiatric hospital several times, and on each occasion he would be taken back to prison before finishing his treatment. His torture was so severe that other prisoners said that they did not recognize him when he returned because of the bruises and injuries on his face.
Photo: Kumail's daughter holding a picture of her fatherAl-Manami has gone on several hunger strikes since his arrest, the latest was in June 2012, in protest of being kept in solitary confinement since 5 July 2010, according to his family. (See: http://www.alwasatnews.com/3579/news/read/677356/1.html ) Today, he is on another hunger strike which started on 15 February 2013 for not giving one of his sisters visitations’ rights and being deprived from medical treatment and his medications. He is suffering from severe pain in his back and legs due to torture. Many political prisoners are not getting proper medical care, Mohammed Al-Mushaima died in custody due to the lack of adequate of medical care. (See: www.bahrainrights.org/en/node/5449 ) On 22 February 2013, Kumail said in a phone call that he has been infected by a virus that has affected many others in Jaw prison and that he is very sick, his temperature is at 40 degrees centigrade. Kumail’s health is seriously deteriorating, according to his family.
Kumail Al-Manami, like many political prisoners in Bahrain , is denied Basic Principles for the Treatment of Prisoners, “All prisoners shall be treated with the respect due to their inherent dignity and value as human beings”, “There shall be no discrimination on the grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status”, and “Prisoners shall have access to the health services available in the country without discrimination on the grounds of their legal situation.” (See: http://bahrainrights.hopto.org/en/node/5643 and http://bahrainrights.hopto.org/en/node/5638)
The Bahrain Center for Human Rights urgently appeals to the international community and calls for immediate actions on behalf of the Bahraini authorities and the international community to:
- To immediately improve the detention conditions and provide the necessary treatment to Kumail Al-Manami and all other prisoners in need of medical care in the prisons of Bahrain.
- For the authorities in Bahrain to abide by the international conventions which they have ratified, especially concerning the rights of prisoners to receive full medical care.
- End the practice of torture in the prisons of Bahrain.
- Hold accountable those involved in torture, and bring them to a fair and independent judiciary.
- Grant a fair re-trial to Kumail Al Manami and all six convicted in the same case, taking into account torture allegations and confessions taken under torture.
Also read:
Bahrain: Life Sentences against 7 activists in the “Ma'ameer” Case after an Unjust Trial http://bahrainrights.hopto.org/en/node/3175
Video of Kumail’s daughter appealing the release of her father on 25 May 2012: http://www.youtube.com/watch?v=TpVT4vXiDG4
Bahrain: 7 Individuals Sentenced to 10 Years in Prison While Two Police Officers Acquitted
Photo : A solidarity protest with the 20 Prisoners--UPDATE--
Date: 27 FEB 2013
The seven individuals who were sentenced to prison are:
1. Ebrahim Abdulla Al-Mualim 44 2. Jaffar Abd-Ali Al-Khazaz 35 3. Jassim Abdullah Jassim 22 4. Mohammed Ahmed Al-Taqi 19 5. Ebrahim Ashoor Abdullah 17 6. Sayed Ali Alawi 16 7. Taqi Mohmmaed Al-Taqi 17
The BCHR restates the fact that these arrests were conducted without warrants, and that no physical evidence has been presented to tie these individuals to the alleged crimes. The BCHR believes that in the absence of a fair and impartial trial, these individuals should be immediately released.
//
Date: 26 FEB 2013
The Bahrain Center for Human Rights expresses its deep concern about the continuous use of the judicial system as a tool to silence dissidents and activists.
The BCHR documented a case concerning 20 people, four of them minors, from the area of Sitra, who were arrested last year on 15th February 2012. Police arrested these twenty people from two houses following multiple house raids. One of the houses raided was in the village of Mehazza and the other was in the village of Sufala. During the violent house raids there were no arrest warrants presented.
The 20 prisoners have been charged with:
1. Attempted Murder of Two Policemen 2. Attacking a Policeman 3. Damaging a Police Car and Possession of Molotov Cocktails
List of Names and Ages:
1 Ebrahim Abdulla Al-Mualim 44 2 Khalil Ebrahim Ali 41 3 Jaffar Abd-Ali Al-Khazaz 35 4 Nawaf Hashim Fardan 34 5 Abbas Moh’d Hubail 30 6 Sayed Haidar Humaidan 29 7 Jawad Taher Al-Sharqi 28 8 Sayed Qassim Alawi 24 9 Sadiq Bu-Hussain 24 10 Ali Abdulwahid Al-Makna 20 11 Jassim Abdullah Jassim 22 12 Ahmed Bu-Hussain 21 13 Mohammed Al-Aradi 27 14 Mohammed Ahmed Al-Taqi 19 15 Ahmed Tahir Eid 19 16 Abduallah Al-Khudur 18 17 Adel Al-Safi 17 18 Sayed Ali Alawi 16 19 Ebrahim Ashoor Abdullah 17 20 Taqi Mohmmaed Al-Taqi 17
During the trial, the BCHR became aware that the prosecution has presented no physical evidence that indicated wrongdoing on the part of any of the 20 prisoners. In addition, the incident as per a police report occurred at 8:00 PM, and all were arrested at 9:00PM the same day, indicating an excessively fast investigation.
The verdict will be given on 27th February 2013.
Photo : Shotgun wounds in the back of Fadhel Al-MatrookMeanwhile today (26th Feb 2012), Bahraini courtrooms, that are being dominated by a culture of impunity and a corrupt judicial system, the high criminal court acquitted 2 security men from the murder of Fadhel Al-Matrook who was killed on 15th February 2011.
The Bahrain Center for Human Rights calls on the United States, the United Kingdom, the UN and all other allies and international institutions to put pressure on the Government of Bahrain to:
1. Release all political prisoners and drop all trumped up charges against them.
2. Hold all those responsible for violations and crimes accountable, including members of the ruling family.
3. Reform the judicial system so that it is up to international standards of fair and independent trials.
Bahrain: Weaponizing Teargas by Bahrain Authorities Kills Another Victim: 20 Year-Old Mahmood Al-Jazeeri
Photo : Right Mahmood Al-Jazeeri,
Left: Mahmood Al-Jazeera while in Coma at HospitalDate: 22nd February 2013
Since the 14th of February 2013, which marked the 2nd anniversary of Bahrain’s pro-democracy movement, protests against the government have increased in different areas around Bahrain. The BCHR documented many cases of severe injuries inflicted by government forces. Other injuries have proven fatal and lead on the 14th of February 2013 to the death of Hussain Ali Ahmed Abrahim: a 16 year-old teenager killed by shotgun wounds in several areas of his body. [2]
Another fatal injury was caused by a direct shot to the face from a teargas canister at a close range on an unarmed protestor in the village of Nabih Salih: the 20 year-old, Mahmood Al-Jazeeri.
The BCHR was informed that Mahmood Al-Jazeeri was brought to Salmaniya Medical Complex unconscious after suffering a high-velocity direct injury to the brain from a heavy object. Mahmood was found to be suffering from a fractured skull, intracerebral bleeding, multiple brain contusions & severe brain edema. He was operated on after admission to relieve the pressure and bleeding in the brain but the damage was so severe that he did not come out of the coma he was suffering from initially & succumbed to his injuries which lead to his death on the 22nd of February 2013.
Link to the video:
http://www.youtube.com/watch?v=lwjYUgh3L1A
The family of Mahmood Al-Jazeeri informed Said Yousif Al-Muhafdhah, Acting Vice President of the BCHR and Head of Documentation Unit that the familly refused to accept the Death Certificate. The death certificate did not mention that there is a suspicion of criminal activity and no further comments were added, initially, by the coroner. The public has lost faith in the authorities after several other investigations were performed on deceased protesters in such a manner that did not accurately reflect the facts in the case, and prevented justice. Examples include the cases of Karim Fakhrawi , Ali Al-Shaikh and Yousif Al-Muwali.
Mahmood AlJazeeri is the 4th victim, according to the BCHR records, to die as a result of a direct hit from a tear gas canister to the head or neck:
1 -Fadhel AlObaidy, 22 years old, date of death: 3 Oct 2012: http://bahrainrights.hopto.org/en/node/5108 2- Sayed Hashim Sayed Saeed, 15 years old, date of death 31 Dec 2011 http://bahrainrights.hopto.org/en/node/4936 3- Ali Alshaikh, 14 years old, date of death: 31 Aug 2011 http://bahrainrights.hopto.org/en/node/4577
Cyprus Victory Starlight Cartridges
German-Owned South African Tear Gas Canisters
Italian manufactured weapon (Benelli M4 Super 90 shotgun)
The BCHR calls on the United States, the United Kingdom, the United Nations and all other allies and international institutions to put pressure on the Government of Bahrain to stop its use of excessive force in response to the continued peaceful protests, and to consider a meaningful solution to resolve the persistent political issues of instability in the country.
The BCHR calls on the European Governments and other ally Governments to Bahrain to stop supplying the government with arms that are used against peaceful protesters, which cause severe injury and death among them.
References:
[1] Physicians for Human Rights Report on Weaponizing Tear Gas
Read more in the BCHR Anniversary Report: The BCHR Releases Report on Deaths and Detentions to Mark Two Year Anniversary of Protest Movement
Responses to the questions and objections related to the draft initiative:
“Towards Intensifying the Change Movement in Bahrain while Reducing the Risk to Lives and Safety of Humans”
By the imprisoned human rights defender: Abdulhadi Al-Khawaja
20 Feb 2013
Responses to the questions and objections related to the draft initiative: “Towards Intensifying the Change Movement in Bahrain while Reducing the Risk to Lives and Safety of Humans” While in prison – and despite the difficulty of communication – I received a number of questions, objections and comments. I will attempt to respond and make some clarifications, in order to impel further discussion of this initiative which I hope will be adopted by human rights activists in Bahrain, and supported by the parties concerned with the initiative, in order to achieve the main aim and which is escalating the pursuit of legitimate popular demands, while reducing the risk to lives and safety of individuals.
Read the first draft of the initiative: “Towards Intensifying the Change Movement in Bahrain while Reducing the Risk to Lives and Safety of Humans”
Summary of some of the queries and objections:
- The draft, and especially in the introduction, was written in pure human rights terminology, and some of the points were brief and lacked clarification of why they were raised or their relation to the subject of the initiative.
- In two conflicting queries: the first question: Is the wording of this draft not considered as if labelling the revolution and popular movement as violent. On the other hand, the other question: why does the draft not explicitly condemn violence?
- How can this regime be confronted, only by protests and peaceful activities? Especially in the light of the regime’s policy of entirely restricting freedoms, and suppressing peaceful activities and targeting its organizers.
- Does this initiative not give priority to those who push towards accepting the regime…at the expense of those who call for the overthrow and change of the regime, which is the demand raised by a large portion of the masses of this revolution, especially after all the crimes and violations committed by the regime?
- What are the mechanisms of implementing this initiative if it receives acceptance and support? What is the action plan and timeline to implement it? On the other hand…what if the Authority does not respond to this initiative, what is the point of it?
Answers and comments:
1. The legitimacy of the revolution and the rebellion against tyranny, injustice, and existing laws and regulations: the draft initiative included a text from the “Universal Declaration of Human Rights”, that one is eventually forced to rebel against tyranny and injustice, if human rights are not protected by law. This text does not only give reasons for rebellion but goes as far as giving it legitimacy. In the same context…Article 21 of the “International Covenant on Civil and Political Rights” states that an individual when practicing his or her rights and liberties is only subjected to restrictions recognized by law in a democratic society. This means that the laws in the non-democratic countries, related to rights and liberties, are not legitimate. Hence, the international conventions for human rights legitimize the rebellion against tyranny and injustice, and the laws that conflict human rights which have not been issued in a democratic manner.
2. The importance of rights related to the three fundamental liberties: expression, assembly and organization: the draft focused on the major importance of these rights, it did not only raise these demands as legitimate demands that must be achieved and that in no way can be waived, but it embraced them as vital and essential means to continue the revolution and make it succeed in achieving its goals. Therefore, the draft included that those taking part in the popular protest movement… “will not give up, under any circumstance, practicing their rights in expression, assembling, demonstration and association and peaceful gathering, not only because they are convinced that they are their fundamental rights, but considering that they are the only available method to resist the tyranny and suppression of the Authority” Consequently, these rights may not be compromised in any political dialogue or negotiations, even if it was in return for obtaining other rights such as releasing detainees.
3. Fundamental rights: although the proposed initiative does not target providing a political initiative, it reviews a summary of the political in order to contribute in forming a common vision for those partaking in the revolution. Reviewing the political rights exposes the existing regime and shows its flaws and its lack of true democracy, which also contributes in the legitimacy of the rebellion against it. The draft summed up the political rights: 1. the right of people to decide in utter freedom the form of their political entity, and 2. the right of each individual to participate in managing public affairs of his or her country and 3. the equal rights of individuals with others in holding public posts and 4. no authority of any government without the people’s will, that will that is expressed through fair and periodic elections, based on equality among everyone. These rights determine the basic specifications of a democratic and legitimate political regime.
4. The right to life: The international laws do not permit depriving any individual from the right to live …the right to rebellion and disobedience is controlled by the rights of others, especially the right to life and safety. Committing to these rights is primarily mandatory for governments – as they are the ones that possess the means of oppression and punishment, this does not exempt the revolutionaries from their duty to spare bloodshed whenever possible. The popular movement in Bahrain has more or less been characterized as peaceful and self-controlled, while the Authority has used violence and brutal suppression. However, continuing the political and security tension in its existing form could lead in any moment to the outbreak of mutual violence that could claim the lives of many, as is happening in other countries in the regions.
The Authority is responsible for this, yet the popular movement is not exempted from making every effort to avoid it, without compromising the continuity of the popular movement and its effectiveness in achieving the legitimate goals. If the Authority does not mind sacrificing the lives and safety of people in an attempt to serve their self interest and their stay in power, the revolutionaries however are keen on and dedicated to protecting the lives of others, even if it were their enemies. Moreover, the principles of civil resistance are based on the willingness of the revolutionary to sacrifice his or her life in order to preserve the lives and rights of others.
5. Who is responsible for the violence, polarization and extremism: in addition to what was stated in the Universal Declaration that the general cause for rebellion is tyranny, injustice and unjust laws, the draft initiative cited the “Bahrain Independent Commission of Inquiry (BICI)”, the BICI said that the Authority’s failure to respond to the peoples demand for reform in the first stages of the demonstrations and protests is the reason behind raising the ceiling of demands to: “overthrow of the regime". Hence, the Authority takes full responsibility for the outcome of the situation. The draft then introduces the regime’s failure to seriously and effectively implement the BICI recommendations, as well as the demands of the human rights organizations and international community. Accordingly, impunity continued; the judicial system or security apparatuses were not reformed, nor were the public liberties granted, the detainees were not released either, and its continued practices continued to cause more killings, more detentions, and more unjust trials, and thus the regime bears the primary and major responsibility for all that happened and all that can happen from dangerous developments in the security situation, which makes it lose more of its legitimacy. The regime’s persistence in its policy could lead to stimulating counter-violence and the popular movement turning into violent clashes that could cause large numbers of deaths, and other damages.
6. The necessity of presenting such an initiative comes after analysing the current and expected political and security situation in the near future. The draft initiative indicates that the current situation in Bahrain reveals a political paralysis, and the lack of a ground for real immediate solutions for the crisis, which warns of an aggravating security situation and that threatens of a more critical situation. Consequently, continuing the current situation may linger, that’s why efforts must be made to avoid the worst.
7. The relation between public liberties and violence: the general direction of the popular movement in Bahrain is peaceful protest and non-violent civil resistance. It has been proven from the experience of other nations that providing the minimum liberties of expression and assembly is a prerequisite for the popular movement to maintain its peaceful approach. In addition to that, is the need for at least the minimum of independence of the judiciary, and the international sympathy and attention of the media. This is clearly reflected in the experiences of Mahatma Gandhi against the government of the British Crown, as well as the Civil Rights Movement led by Martin Luther King Jr. against the American Authorities and the racist laws and regulations. What happened dozens of times in both experiences, is that each time there was an increase in restricting and suppressing the three liberties it caused the outbreak of violence. As for the South African experience, Nelson Mandela – winner of world appreciation and peace awards – when he failed as a lawyer and political activist in putting an end to racial injustice and oppression through political work and peaceful protest, he himself established a military wing for his political organization which turned into covert action and armed struggle.
8. Mechanisms and stages of implementing the initiative and its timeline:
a. The draft initiative supposes that granting public liberties and withdrawing the Special Security Forces, and ending arbitrary arrests and unjust trials will automatically lead to guaranteeing the continuity of the popular movement’s peaceful approach, and reducing the likelihood of the outbreak of violence in future. The draft also points out that the Special Security Forces are the ones that suppress peaceful gatherings, they are the ones that cause the largest number of deaths and injuries among protestors. Withdrawing these Forces and replacing them with regular police, will not only be an indication of launching liberties, but it will be an elimination of a main source of violence and provoking of counter-violence which can escalate seriously.
b. Lifting the restrictions from liberties, and withdrawing the Special Forces is the direct responsibility of the Authority, if not implemented the Authority holds full responsibility not only for the violence and killing carried out by those Forces, but also for any escalation in counter violence in the coming period.
c. Although the Authority bears the responsibility of urgently implementing the BICI recommendations and the pledges it made to the international community – which will directly influence reducing the possibility of an outbreak of violence, the real implementation will not be through the same institutions that carried out the violations, but through transitional justice and the mechanisms agreed on by the different parties with a nongovernmental body monitoring the process.
9. What if the Authority does not respond to this initiative, what is the point of it?
a. In the current circumstances, the Authority might not have the inclination to respond to such an initiative. However, the change of the current political and security circumstances or shifting the equations of power, or the worsening of the security situation could lend itself to such an initiative. Therefore, it is important to discuss and finalize it so that is ready whenever needed.
b. Just widely deliberating and discussing this initiative contributes in promoting the culture of peaceful resistance which is based on the principles of human rights.
c. If local activists adopt the idea of the initiative by sending it to the international bodies concerned and publicly distributing it, this will give it moral value that compels the Authority and holds it responsible for any worsening in the situation, and draws attention to the protest movement in its peaceful and civilized nature.
10. Dealing with the suppressive security apparatuses:
a. One of the main strategies of peaceful civil struggle is to neutralize the security forces or turn them into a burden on the regime if they commit idiocies, violations and killing. This is what happened to the Shah of Iran’s regime with his colossal army and his intelligence system “the SAVAC”, and this also happened to the forces of Great Britain in the face of the deprived Indians, as well as Zine El Abidine’s regime in Tunisia when the security apparatuses violation triggered the revolution which got him banished from the country, and what happened to the regime of Hosni Mubarak in Egypt which relied on the intimidating state security forces which faded suddenly before the cries of the masses.
b. Peaceful work, and the readiness of revolutionaries to sacrifice themselves in front of the security forces is an effective method in widening the scope of the revolution and popular movement, and having more groups and numbers enter the process of change and gaining international and regional sympathy, all critical factors in the success of the civil struggle movement. This is what the revolution in Bahrain took notice of since the beginning, and what it should maintain adamantly even during difficult circumstances.
11. Does this initiative push towards overthrowing or reforming the regime? The purpose of this initiative is not to state the position towards the form of the future political regime. The legitimacy and credibility of any political regime does not depend on its form, whether it was a constitutional monarchy or a republican, presidential or parliamentary, but to what extent it respects human rights, dignity and liberties.
Finally:
The outbreak of protests and popular revolutions is a sign that people have passed the state of fear and moved into a state of anger; the challenge is then to organize the state of anger and employ it to achieve the just demands with the least possible amount of sacrifice and bloodshed. The popular movement in Bahrain has in a stunning manner succeeded in adopting the approach of peaceful struggle and civil disobedience. So that the regime does not continue its arbitrary policy towards increased violence, the people, activists and organizations, carry a heavy burden in avoiding that, and the political and human rights international bodies also bear a major responsibility in the immediate action to stop the recklessness of the regime in Bahrain, and to work on providing the circumstance that assists the popular movement in continuing to commit to the peaceful approach it has embraced and excels in.
Final observation:
These comments are opinions that are subject to alteration, and this proposed initiative is not a personal possession, yet it outlines the evaluation and what gives it the power and effectiveness is adopting and supporting it with the largest number possible of activists and people.
With sincere love and appreciation
BAHRAIN: Sentenced to two years in prison for advocating and exercising the right to peaceful assembly
Publication of a Judicial Observation Mission Report
19 Feb 2013
The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), publishes today a report, which presents findings of a judicial observation mission conducted on the trial in appeal of prominent human rights defender Nabeel Rajab. The report concludes that a series of violations of the right to fair trial marred the judicial process and that Mr. Nabeel Rajab is suffering judicial harassment for merely advocating for and exercising the right to peaceful assembly in Bahrain.
While February 14, 2013 marks the second anniversary of the start of pro-democracy protests in Bahrain, Mr. Nabeel Rajab, Deputy Secretary General of FIDH, President of the Bahrain Centre for Human Rights (BCHR) and Director of the Gulf Centre for Human Rights (GCHR), remains detained in Jaw Prison, serving a two-year prison sentence. On December 11, 2012 the Appeals Court in Bahrain confirmed his conviction on charges of calling for and participating in peaceful gatherings on three occasions. As of today, he has been in detention for 217 days.
The Observatory sees the detention and sentence of Mr. Nabeel Rajab as arbitrary and solely aimed at sanctioning and preventing his human rights activities. Indeed, Mr. Rajab has been targeted for his tireless efforts at highlighting gross human rights violations in Bahrain, in particular since the beginning of the popular uprising in the country in February 2011 through the use of Twitter, Facebook, and other social network tools and media outlets as well as his participation in public gatherings.
“Mr. Rajab’s trial reflects Bahrain’s policy and practice of criminalising the exercise of the right to freedoms of association, expression and peaceful assembly and silencing human rights defenders and other dissenting voices” declared Gerald Staberock, OMCT Secretary General.
Between September and December 2012, the Observatory carried out four missions to Manama to monitor the hearings of Mr. Rajab’s trial. The report recounts the details of these missions and demonstrates that the trial in appeal against Mr. Nabeel Rajab failed to comply with international standards of fair trial. “The entire procedure was fraught with serious human rights violations from the time of arrest, through detention, trial and conviction” said Souhayr Belhassen, FIDH President.
Mr. Nabeel Rajab was initially detained on July 9, 2012 for his participation in “illegal” assemblies in January, February and March 2012 during which the authorities alleged that acts of violence were committed by some participants. Said gatherings were organised to call for the release of human rights defenders and political activists, to denounce corruption, to call for political and economic reforms, to denounce human rights violations and to call for a fair distribution of wealth and an end to torture.
Though the Bahraini authorities have committed on several occasions to implement the recommendations issued by the Bahrain Independent Commission of Inquiry (BICI), including the release of all prisoners of opinion, Mr. Nabeel Rajab is still detained. He is held in a prison together with ordinary criminals, though most other prisoners of conscience are held together in a separate unit.
CPJ Report: Attacks on the Press in 2012: Bahrain
KEY DEVELOPMENTS » Kingdom blocks international reporters and press groups.
» As repression persists, one journalist is killed and another imprisoned.
19 Feb 2013
The authorities continued to restrict critical reporting and independent news coverage a year after protesters began calling for reform in Bahrain. In February and April, the government denied visas to journalists and press freedom groups, including CPJ, and detained and deported several foreign journalists, effectively barring international news coverage of the unrest surrounding the Formula One Grand Prix and the first anniversary of the protests. Despite King Hamad bin Isa al-Khalifa’s pledge to uphold press freedom and reform, conditions did not improve. A journalist was detained for months after criticizing a proposed union between Bahrain and Saudi Arabia, and an appeals court upheld the life sentence of critical blogger Abduljalil Alsingace, who has been imprisoned since March 2011. A well-known videographer was killed while filming a pro-reform protest in March.
Read full report on cpj.org
Bahrain: Minor Killed And Human Rights Violations Escalate During the 2nd Anniversary of 14Feb Mass Protests
European Weapons Aid the Authorities’ Crackdown
Photo: Peaceful protestor standing in front of riot police on 14Feb in Duraz Village
Date: 14 February 2013
Since the earliest hours of the day around dawn, protesters took to the streets in large numbers, groups of hundreds gathered in all parts of the country, the vast majority of which were peaceful. Protesters have established roadblocks of their own to prevent riot police from driving at high speed into the villages. The security forces used consistently excessive and disproportionate force against protesters across Bahrain throughout the day.
Due to the culture of impunity being practiced by Bahrain authorities and the continued use of excessive force, a 16 year-old protester, Hussain Ali Al-Jazeeri, died this morning as a result of a close-range direct hit from a police officer’s shotgun to his abdominal area (Copy of the death certificate). He was shot while he was peacefully protesting in the area of Daih. There is no evidence that AlJaziri was representing any kind of threat to the policeman who fired on him and killed him. Al-Jazeeri died in the ambulance before reaching the hospital. This video shows the medic who was trying to rescue Al-Jaziri in the ambulance ( http://youtu.be/76dYQPj5Sbw ). The Bahraini riot police continue to use the birdshots against the peaceful protests in Bahrain even after 2 years, during which dozens were killed with shotgun, including the first man who was killed on Feb 14, 2011, Ali Mushiama.
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Photo : Left : Shotgun Injuries, Right: Extensive use of Teargas
Dozens of injuries were documented today, including tear gas suffocation, shotgun pellet injuries, fractures and bruises. The number of shotgun pellets injuries have rapidly increased today. Many of those injuries were in vital areas of the body including the face and chest.
Photo : A protestor getting arrested.The Bahrain authorities arbitrarily arrested a number of peaceful protesters during the day. In an attempt to prevent information on human rights abuses from spreading; agency photojournalists Mazen Mahdi (DPA), Hassan Jamali (FP) and Mohammed Al-Shaikh (AP) were arrested this morning while they were covering the protests despite the fact that they have valid ID; they were released several hours later without any explanation of why they were arrested.
Due to the fact that there are many protests organized during the night and in the coming days, the BCHR fears that the escalation of the violations will continue. The security forces continued the widespread use of pellet shotguns, despite the fatality that occurred this morning.
The birdshot canisters, which were found on site where AlJaziri was killed today, are from Cyprus Victory Starlight cartridges. In other areas, Italian manufactured weapon (Benelli M4 Super 90 shotgun) and German-owned South African Tear Gas canisters were spotted as being used against protesters.
Cyprus Victory Starlight cartridges
German-owned South African Tear Gas canisters
Italian manufactured weapon (Benelli M4 Super 90 shotgun)
The BCHR calls on the United States, the United Kingdom, the UN and all other allies and international institutions to put pressure on the Government of Bahrain to stop its use of excessive force in response to the continued peaceful protests, and to consider a meaningful solution to resolve the persistent political issues of instability in the country.
The BCHR calls on the European Governments and other ally Governments to Bahrain to stop supplying the government of Bahrain with arms that are used against peaceful protesters, which cause severe injury and death among them.
Read more in BCHR Anniversary Report:
The BCHR Releases Report on Deaths and Detentions to Mark Two Year Anniversary of Protest Movement
http://bahrainrights.hopto.org/en/node/5644