Bahrain Mirror: The United Nations Working Group on Arbitrary Detention (WGAD) supported the complaint submitted by Americans for Democracy & Human Rights in Bahrain (ADHRB) the concerning six Bahraini students, three of whom were minors at the time of the arrest, who were arbitrarily arrested and subjected to gruesome human rights violations. Concerned with the severity of the torture the six individuals were subjected to, the Working Group found that their detention was arbitrary under Categories I and III.

The group said in opinion it published on its website, on June 20, 2023, during its 96th session, that the complaint which was submitted by Americans for Democracy & Human Rights in Bahrain includes the same pattern of violations that have been submitted in other complaints, including "warrantless, pretrial detention with limited access to judicial review, denial of access to lawyers, forced confession, torture and ill-treatment and denial of medical care."

The Working Group indicated that the severe violations concerning the deprivation of liberty should be dealt with by Bahrain, with the appropriate action being the immediate and urgent release of all six prisoners. It also called for an impartial investigation to identify the perpetrators of the violations and to hold them accountable. The Working Group also referred this complaint to two other UN Special Procedure offices, the Special Rapporteur on torture and the Special Rapporteur on the independence of judges and lawyers.

The Working Group found that all six prisoners, Ahmed Ali Ahmed Yusuf, Alaa Mansoor Mohamed Redha Ahmed Ansaif, Husain Ali Hasan Ali Mohamed Matar, Husain Ali Jaafar Mohamed Abdulla, Mohamed Ali Mohsen Abdulla Baddaw and Sayed Husain Saeed Alawi Ali Mohamed Al-Khabbaz were arbitrarily detained under Categories I (lacking a legal basis justifying the deprivation of liberty), and III (his detention is arbitrary due to the unfair nature of her trial).

All six individuals were arrested without a warrant, with four being subjected to enforced disappearance and subjected to severe forms of torture, including the use of electric shock, physical beating, deprivation of sleep, verbal harassment and threats, forced nudity in cold conditions, forced standing for hours, denial of praying, chaining, blindfolding, and denial of medical care during Covid Pandemic. They were also denied legal counsel and fair trial procedures.

It is important to note that three individuals - Ansaif, Matar, and Al-Khabbaz - were minors during their arrest and were also subjected to severe forms of violation, including torture and denial of legal counsel or guardian.

The Working Group stated that the Bahraini government failed to respond to the claims that all six individuals were warrantlessly arrested and were not informed of the reason for the arrest. Therefore, the legal basis for the arrest was not invoked. The WGAD pointed out the government has not yet presented a legal basis for the arrest of the six individuals, including Yusuf, which violate article 9 of the International Covenant on Civil and Political Rights (ICCPR), as they were not brought promptly before a judge as required."

The Working Group also indicated that the government does not deny the allegation presented by ADHRB regarding the enforced disappearance of four individuals but simply "lists the number of visits and video calls of the six individuals from the start of the COVID-19 pandemic until 8 March 2023." However, only Matar was arrested in 2022, with the five remaining being arrested between 2013 and 2017. Thus, the Working Group found that three individuals, Yusuf, Ansaif, and Abdulla, were subjected to enforced disappearance, which it describes as an "aggravated form of arbitrary detention."

The WGAD also pointed out that the six individuals were unable to challenge their detention by being restricted from accessing the outside world, including "their family members and independent medical personnel and lawyers," which is also a violation committed by the government.

The Working Group used ADHRB evidence to prove that all six 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.

The government argues that three of the individuals, Yusuf, Ansaif, and Matar, did not allege torture or ill-treatment and did not file complaints to the Special Investigation Unit (SIU), nor did Badaw, Abdulla, and Al-Khabbaz submit any complaint. Moreover, complaints submitted by families to the Ombudsman and the National Human Rights Institution have not received any response.

The Working Group expressed its concern regarding the effectiveness of the SIU, indicating that the Ombudsman and the SIU had "had little or no effect." Additionally, the government's response regarding the observation of two individuals by a forensic doctor lacks specific details.

The Working Group concluded that ADHRB has presented a credible prima facie case of physical and psychological torture and ill-treatment, violating human rights declarations and conventions. The Working Group concluded that Bahraini authorities have violated Article 5 of the Universal Declaration of Human Rights, article 7 of the ICCPR and the CRC, and Articles 2 and 16 of the Convention against Torture (CAT) in the cases of the three minors.

As five individuals confessed as a result of torture, while the sixth confessed under the threat of torture, the Working Group indicated that "the admission into evidence of a statement obtained through torture renders the entire proceedings unfair." The use of torture to obtain confessions violates articles 2, 15, and 16 of the CAT.

The WGAD also indicated that "self-incriminating confessions are amplified when the victim is a child" about the case of Ansaif, Matar, and Al-Khabbaz. In addition, Yusuf, Ansaif, Matar, and Al-Khabbaz could not present evidence during the trial. At the same time, the WGAD indicated that the government failed to address the claim of fabricated evidence in the case of Ansaif and the sentencing in absentia.

As a result, the Working Group found that the six individuals' fair trial and due process rights were violated, rendering their detention arbitrary under category III.

Given the facts presented, the Working Group expressed its concern regarding the torture the six individuals were subjected to and the violations suffered during the Covid pandemic. The WGAD also recalled the right to education, as all six individuals were students at the time of the arrest, and called on the government to take all the necessary measures to ensure this right. Finally, it reiterated its readiness to conduct a country visit.

ADHRB fully supported the WGAD's recommendations and reiterated its call to immediately release all six prisoners and provide them with appropriate compensation in accordance with international law.

Arabic Version