Bahrain: state terrorism against opponents at home and in exile – Bahrain Freedom Movement

And to do that, the al-Khalifa family has used every technique in the book, plus one extra that isn’t even in the list covered by the Special Procedures of the Human Rights Council. There has been extrajudicial execution; arbitrary arrest and detention, torture, clampdowns on freedom of expression, and the large-scale demographic engineering, which has been successful to the extent that Bahrainis may now be a minority in their own country.

But up to now, we have been looking at these events as phenomena affecting people six hours flight time away, not in the heart of London. We never imagined that they would spill over and have a direct effect on us, and on those who came here to escape from the al-Khalifa tyranny. Some of the contributors to this seminar are exiles who will give first-hand accounts of attacks and intimidation they have experienced while going about their normal lives in our midst. It is significant that both the present Ambassador and his predecessor are closely connected with the national security apparatus, and that the Minister of the Interior, yet another member of the al-Khalifa family, had called our Ambassador in Manama in to protest about the activities of exiles who were using Britain as a platform to ‘orchestrate unrest at home’.

Our Ambassador told Sheikh Rashid that we apply the same laws to exiles as natives, and incitement to commit a criminal offence would be treated the same whoever did it. This becomes important, because speeches made by opponents of the regime, for example recently by our friend Abdulhaji al-Khawaja, are said to be incitement. I want to submit this to your judgement, and to the judgement of lawyers who may have some advice to offer.

I’m going to read you what he said, translated from a video of the speech and with two alteration. I have substituted the words ‘the ruling Labour clique’ for ‘al-Khalifa’, and ‘the Party’ for ‘the clan’.

“In regard to a slogan such as ‘Death to the ruling Labour clique’, this slogan is full of outrage and seems powerful, but it is negative, unrealistic and unspecific. It focuses on the Party’s name and not their action and role. It is not dynamic since it doesn’t reflect our role and responsibility. If we only keep chanting ‘Death to the ruling Labour clique’, will they die? No they won’t. However, if the slogan is ‘Lets overthrow this ruling gang’, it would focus on those who are in power, it portrays them as a gang, because of their policies and method, it gives us a clear goal, which is the overthrowing of the gang and it focuses on our role and responsibility’.

If I were to say this at Speakers’ Corner, wouldn’t it be treated as legitimate political rhetoric, and if it were referred to the Crown Prosecution Service, would they need five minutes to throw it out? In Bahrain it may be another matter, because nobody can ever change the government, but surely we should defend the right of anybody to advocate the replacement of a dictatorship by a government that is democratically elected.

Nearly four weeks ago I asked the new Foreign Office Minister responsible for Bahrain, Ivan Lewis MP, to confirm this analysis, and I am still waiting for an answer. One detects a lack of enthusiasm among Ministers for upholding the principle of freedom of expression in Bahrain, and this is perhaps one of the problems. The regime knows that we and others treat them with kid gloves, so they don’t need to try very hard. But when their attempts to silence their opponents lead to physical attacks and arson on our own doorsteps, its time to adopt a more robust policy, and that’s what I hope we shall be calling for this morning.

Draft Resolution

This meeting, recalling that Britain continues to encourage Bahrain to honour its obligations under the International Covenant on Civil and Political Rights, and noting the Bar Human Rights Committee’s statement that human rights activists in Bahrain are subjected to systematic harassment and oppression by the state authorities in order to prevent them from criticising the government,

(1) Notes with concern the recent attacks on human rights exiles from Bahrain in London;

(2) Draws the attention of the Government to the testimonies of the victims given at this meeting;

(3) Requests the Metropolitan Police to complete their investigation of criminal offences committed against exiles and their property, and

(4) If sufficient evidence is not available against the offenders to refer these crimes to the CPS, asks the Commissioner to make a statement.

DR HASAN MUSHAIMA, General Secretary of HAQ: Movement of Liberties and Democracy – Bahrain.

Good morning ladies and gentlemen. Thanks a lot Lord Eric Aveberry. My name is Hasan Mushaima; I am the secretary general of the HAQ Movement for Liberty and Democracy. HAQ is concerned about the systematic infringements of political, economical and social rights of Bahrainis by the local authorities.

Bahrain is one of the worst examples of oppressive and authoritarian regimes in the world. The human rights situation is deteriorating on a continuing basis; the crisis is deepening further. The government is unfortunately facing the peaceful protest with severe collective punishment and excessive use of police force.

Riot police dominated by naturalized foreigners bear no mercy and spare no force against innocent children and women. Brutal beatings and collective and excessive use of force is common practice in Bahrain. Systematic torture is common practice during investigation to force confession on detainees. False conspiracies are manufactured to justify unlawful arrests and detention of innocent protestors and activists. The principle rule which states that the person is innocent until proven guilty is not respected in Bahrain either by police or the judiciary system.

I have been arrested on several occasions, in the nineties I was incarcerated for more than six years without a trial and most of that was in solitary. I was also imprisoned in March 2007, although the authorities weren’t able to hold me for more than 16 hours. The last arrest lasted from January to April 2009. All these arrests came just because of my opinion and the demand for freedom, democracy and human rights. My Case (Al-Hegaira) is a perfect example, and a funny one:

Last December, we had a seminar and because of our activities they arrested different citizens, most of them were from my village. Two days later the people saw the victims on TV and most of them mentioned my name along with others and a direct accusation against religious buildings.

I was out of the country at that time. The story as explained by the government owned TV was that this group of people had trained in Syria to make bombs and disturb the peace; the funny part was that they went all the way to Syria to learn how to put a lighter in the car’s exhaust pipe and to put nails inside a pipe with a Molotov bomb.

The place of the alleged training (Al-Hegaira) was a vegetable market near one of the most crowded places in Syria. A lot of Bahraini people go to Syria near that place for religious reasons.

When I returned back to Bahrain many people came to welcome me in the airport, and as soon as we left the airport building the police attacked us and we were all beaten. For three weeks they didn’t allow me to pray and lecture. The fourth week, after mounted pressure they did, but after two days I was arrested at three o’clock in the morning handcuffed and blindfolded, and placed in solitary arrest. I didn’t see anybody except the police.

Even if I had a visit I wasn’t notified until we reached the place where we met the family. The regime tried to try us but the presence of organizations and the pressure from the people in Bahrain changed the situation and made our case clear and strong. We felt after the second session that the regime was the one on trial and that it would face different problems if they didn’t find solution for the failure of their story.

Lord Avebury. It is particularly important that we should hear this speech because, as you know, the regime fears Hassan Mushaima more than any other leaders of the opposition because of the great influence he has over public opinion and the leadership that he has displayed in attempting to secure progress towards human rights and democracy in Bahrain.

Our next speaker, Sheikh Mohammed Hadi Al Miktad, was also imprisoned. He was also released on April 4th and although as Hassan Mushaima has just told you, only 70 percent of the detainees were given their freedom I think they probably owed a great deal to the international pressures that were exerted on the regime. That is why it is very important for us to keep up these meetings and maintain public discussion of the repression so that we can exert the maximum possible pressure on the regime to secure the release of all those who were arrested.

Saeed Shehabi: Just to point out that Mr Mushaima and Sheikh Miktad were considered to be the leaders of the 35 people who were supposed to have been trained in Damascus in Haijera to carry out subversive activities in Bahrain. So they were the two accused people and they are giving us their testimonies of what happened to them during their incarceration.

SHEIKH MOHAMMED HADI AL MIKTAD: My name is Sheikh Mohammed Hadi Al Miktad and I am the representative of a charity for the care of orphans inside Bahrain and outside. This arrest was not the first one. It was preceded by another one during which I was tortured extensively inside prisons. There was no specific reason for the latest arrest and there were no secret cells that were trained militarily to undertake subversive action. This was done just to silence those who were calling for democracy in Bahrain.

The aim was to crack down against the activists headed by Mr Hassan Al Mushaima and I was the victim of that. The attack on us at night was a horrible experience. The forces raided our homes while me and my children were asleep and my two year old daughter woke up and was crying when she saw the heavily armed police attacking our home.

When I was taken to jail it was solitary confinement and the cell was very small like a grave. I could not see the sun or the moon and I was not allowed to speak to others at all. I was taken to the prosecution being accused of taking part in that conspiracy. I refused to talk unless there was going to be a proper and just trial in the open, on the tv screens but I would not talk individually because there was nothing to answer to.

I was taken back to the prison after I refused to testify. It was not a prison, it was like a grave. Then I was taken to trial based on the testimonies of the innocent who were forced to write their confessions. That was the only evidence against us.

Then the conspiracy fell apart because when we were taken to the trial all the prisoners said that their confessions were taken from them under torture. We saw on their bodies signs of extreme torture. They told us that the torture cells became like a maternity hospital due to the cries of the people who were being tortured.

I cannot describe the authorities and the regime which has perpetrated extreme forms of physical and psychological torture. It is nothing less than the horrible regimes we have seen under Saddam Hussein or the taliban or any other oppressive regime.

I want to end my testimony by declaring that we will continue our struggle to obtain our democratic and just rights and that all conspiracies will fail under the determination of those who are noble and sincere and adopt their policies and their plan through peaceful means.

Lord Avebury: I don’t think that the world has sufficiently appreciated the gravity of what happened when innocent people were charged falsely with very serious offenses and tortured into making confessions. I can’t imagine anything more wicked for a regime to do that to its own people.

We are about to hear from another person who has suffered extensively from torture during his period of incarceration and this reminds me of what happened under Ian Henderson. We thought that with Henderson’s departure torture came to an end in Bahrain. But it didn’t – it continues all the time. We are now about to hear from Mr Maitham Bader Al-Shaikh who is an activist and human rights campaigner arrested on 16th December 2007, released on 3rd April 2009. He was tortured so severely during his time in custody that he suffers from a permanent disability. I am very, very sorry that he is in this condition and I would like him to tell you about it himself.

Saeed Shehabi: If you attended the last seminar we had a few months ago there was a pre-recorded message and that was him. Luckily he is with us today.

MAITHAM BADER AL-SHAIKH: testimony of a victim of torture

My name is Maitham Bader Al- Shaikh, 32 yeard old married and I have two children. I am working in a local company.

I am a member in an unemployed committee as well as underpaid committee and I am a human rights activist.

My unforgettable story started one year ago when I was arrested and tortured on December 2007 and the story continued until today as I had a very dangerous disease (MS) because of the torture.

The Bahraini special force attacked my father’s house to arrest me in 21stof December 2007 at around 5 am. At that time I was sleeping with my family when the “Militia” masked mercenaries had come to arrest me. They entered the house and broke the furniture. Although I did not refuse or resist going with them they had beaten my family and me badly and they showed excessive violence while arresting me. Within 30 minutes, I was handcuffed and my eyes were blinded. I found myself in an unknown place and they immediately started torturing me.

First, they hung me from my wrists so that my feet could not reach the ground and they were beating me on every part of my body especially the chest area. They kept me in that painful situation until the following afternoon. After that they forced me to stand for around six hours. Then they hung me again and they used an electric shocking device ( a small device like a shaving machine with adjustable voltage ). They were using that electric shocking device in several parts of my body especially my chest and my sexual parts. I was screaming but they did not stop. The torture continued for three nights and they kept saying ‘confess’.

On the third night of torture I was quite tired . They returned and said ” don’t you want to confess” ” We knew how to let you do so ” ” If you did not want to listen to us and confess then we will rape you” and two of those masked militia started tearing my pants and removing my under wear. I was afraid when they had used a hard stick and put it on my back.

When they took me to the Public Prosecution after those three days of continued torture, I thought that it was the end of torture but what had happened there showed that the torture was not going to come to an end. I entered the Public Prosecution at around 3 am without my lawyer so I immediately asked the public prosecutor to call my lawyer but he refused my demand and asked me just to put my signature on prepared testimony. I refused so he asked some officers to take me to another room. They started beating me every where on my body until I said ok I would do what ever the public prosecutor wants me to do.

The torture continued until the day I was given a five-year prison sentence but I was released after one year due to my bad health situation as a result of torture.

　Lord Avebury: I understand that you have actually told your story to Redress which is the organisation which tries to obtain some redress for acts of torture internationally. We hope that they will take up the case and that it will be examined by independent doctors and lawyers so it can be raised internationally particularly in the committee against torture.Saeed Shehabi: May I add that this gentleman’s ordeal has been committed under the supervision of the present Bahraini ambassador to the UK. He was there at 30 – 31 Belgrave Square. At the time he was in charge of the torture apparatus in Bahrain. So this testimony relates directly to a torturer who is enjoying his diplomatic protection in the UK.Lord Avebury: Our next speaker is Abdul Ghani Al-Khanjar, a member of the National Committee for Martyrs and Victims of Torture who was himself tortured in the 90s and also quite recently.ABDUL GHANI AL-KHANJAR: Submission of The National Committee for Martyrs and Victims of Torture

• Introduction:

The “National Committee for Martyrs and Victims of Torture” is a national committee with a mandate to assist torture victims in Bahrain to seek justice and reparation and to send those cruel torturers to fair courts. The committee’s administrative members are elected by hundreds of Bahrainis’ torture victims.

Our committee has closely monitored the conditions of torture victims in Bahrain and has actively supported their efforts to obtain remedy and public apologies, reparation, equal compensation and justice.

We present this submission in order to contribute to the discussion of this human tragedy and to continue our struggle as victims of torture against those torturers, which are still using their power and are still torturing other new victims in our country. We are here to say that we will definitely not give up or stop our peaceful activities unless we send those torturers to fair courts and put an end to the victims’ suffering.

• Torture in Bahrain:

During the period in which the State Security Act of 1974 was in force, torture was endemic in Bahrain. The State Security Act contained measures permitting the government to arrest and imprison individuals without trial for a period of up to three years for crimes relating to state security. Other measures relating to the 1974 Act were introduced, (namely the establishment of State Security Courts) which added to conditions conducive to the practice of torture.

Torture appears to have been most prevalent between 1994 and 1997 when civilians sought the return of a liberal Constitution and the Parliament.

Most of the people who participated on the constitutional movement were subjected to torture and a number of them were forced into exile.

Most of the people arrested for political reasons in Bahrain were held incommunicado, a condition of detention conducive to torture. The Security and Intelligence Service (SIS) and the Criminal Investigation Department (CID) were frequently alleged to conduct interrogation of such detainees under torture. The practice of torture by these agencies was said to be undertaken with impunity. For around 23 years and these agencies were practicing tortures. More than 40 citizens were killed of whom more than 15 were killed by cruel torture while they were in custody. The victims included Saeed Al-Eskafy, a 14-year-old schoolboy as well as Nooh Khaleel Al-Noooh who was 22 years old.

Nobody can deny extremely cruel torture in Bahrain. We have a lot of victims who are still suffering from illnesses and disabilities.

• Decree 56 against state obligations:

The obligation on the Kingdom to provide an effective remedy and the needs of the torture victims to receive compensation and other forms of reparation were stressed by the United Nations Working Group on Arbitrary Detention.

Decree 56 provides that:

“No lawsuit related to or resulting from crimes that were subject to general clemency will be heard in front of any judicial panel irrespective of the plaintiff’s person or position and the accused person, whether he was a civilian, a civil employee, or a military officer who was directly involved in the crime or was a partner to the crime that occurred during the period that preceded the issuance of this decree.”

Within the above Decree, the Bahraini regime is protecting the torturers and those whoare responsible for the torture.

It is obvious that Decree 56 not only violates the obligation of the Bahraini Government to investigate, bring to justice and to punish those responsible for gross human rights violations, it also abrogates the right to a fair trial, as it makes it impossible to individualize or identify those responsible.

• The Returning of Systematic Torture:

What had happened in cases like those of the December detainees and the Al Hujarah detainees showed that torture in Bahrain did not stop and that is a very dangerous situation especially because that the torturers are now using more cruel and dangerous means of torture because of decree 56 which protect the torturers and gives them impunity and encourages them to violate human rights.

• Recommendations:

1. Decree 56 must be repealed and those accused of torture must be brought to justice in line with Bahrain’s commitment under CAT (Convention Against Torture).

2. A full and impartial investigation into the allegations put forward by hundreds of torture survivors should be undertaken by fair courts.

3. Victims of torture and their family members should be entitled to bring civil claims for the physical and psychological harm they suffered as a result of torture and ill treatment, and should be entitled to, among any other remedies, compensation and rehabilitative care.

4. All torturers and those who were involved in torture or killing of citizens must be brought to justice including the British colonial officer, Ian Henderson.

• References:

• “Redress” Submission of Redress Trust to the meeting on Bahrain – The House of Lords – 17 August 2004.

• US Department of State, Bahrain Country Report on Human Rights Practices for 2001; Amnesty International report: “Bahrain Violations of Human Rights” p. 3; US Department of State, Bahrain Country Report on Human Rights Practices for 1996, p.

Lord Avebury: Thank you and the committee for all the work that you are doing. Congratulations on revealing so much of the torture apparatus and what is going on. And thank you also for the campaign against decree 56 and for inviting us to help. We will certainly do that. We will lobby our own government and the UN Special Rapporteur on Torture.

I now have great pleasure in calling on Hanifa from the Islamic Human Rights Commission. She has been at these seminars before and we very much welcome her participation.HANIFA: Work of Islamic Human Rights Commission in Relation to Bahrain

The Islamic Human Rights commission has been working with various Bahraini charities and NGO’s for many years, due to the deteriorating human rights conditions that certain segments of the Bahraini society are experiencing.

The three main areas where human rights violations frequently occur are:

 Religious discrimination

 Restrictions on freedom of speech

 A clampdown on government opposition

The areas which IHRC have sought to be addressed and campaign on are the following:

 IHRC produced a report highlight the unfair 2006 elections

 IHRC has released various alerts and press releases to a wide database of campaigners regarding the following issues of concern

– The policing and targeting of human rights defenders and activists

– The marginalization of minorities i.e. Shia Muslims

– The government implemented change of the demographics of Bahrain by an unfair naturalization scheme

– Reforms granting power and a share of wealth to the people of Bahrain

Earlier this year the Islamic Human Rights Commission sent two barristers to the court hearing of three prominent human rights advocates, Mr. Hasan Mushaima, Dr Abdul Jalil al Singace and Mr. Muhammed Habib al Muqdad. Their detainment sparked off protests, which resulted in the arrest of many of the protestors. These three individuals were charged with attempting to overthrow the government.

David Gottleib and Osama Daneshyar, the barristers were amongst other international observers, witnessing the legal process in action. Our barristers described the hearing as the blind leading the blind. The authorities were shocked to see foreign presence and seemed to be caught off guard. The hearing was unprofessional and described as a joke by the barristers.

A few weeks after the hearing, a large number of the prisoners were released although not all, therefore the actions of IHRC and other NGO’s were rather fruitful.

The barristers came back with two main conclusions. Firstly, Bahrain import a large number of military personnel from abroad, namely countries which are notorious for practicing torture on detainees and prisoners. This makes the job of the authorities very easy because the use of torture is systematic therefore it would be ideal to employ personnel well versed in these techniques.

Secondly the Bahraini authorities like many other oppressive regimes are paranoid about their public image and how foreign states view them, which is why the presence of foreign observers were hugely effective in the release of the political prisoners.

In summary it appears that the Bahraini authorities are not interested the principles of justice and truth and will not facilitate for any opposing views or political dissent. They will use illegal and barbaric means to achieve their objectives and preserve their authority.The way forward

There are various methods that can be enacted to achieve justice and accountability:

 To be up to date and informed with the latest information occurring on the ground

 To work with various organizations that also work to promote human rights

 To inform the wider public of the events that occur and encourage them to put pressure on the relevant authorities and government

 For organizations involved to put pressure on the relevant authorities and governments

Seminars such as these are valuable in raising awareness of the abuses that are occurring consistently and unabatedly in the island of Bahrain. The information shared will provide fuel for current and future campaigns.

Despite the risk to various members of the panel who have given their testimonies, it is of the utmost importance for these testimonies to be publicized as it paves the way for the restoration of human rights for all in Bahrain.Lord Avebury: I particularly welcome what you say about the necessity for more international input and that the two barristers had such a profound effect is significant. Any time that you do manage to get into motion some international mission to Bahrain – whether its to attend a trial or for other purposes – it does have a profound impact.

And I think on the final point when you talk about the large numbers of mercenaries that have been brought in, we should do work on that. It is a matter that has been commented on in several of these seminars. It is of enormous significance for the future of Bahrain that foreigners are coming in to take up these posts, that they are skilled in techniques of torture but the main purpose of bringing them in is to alter the demographic balance so that the people are no longer a majority in their own country. More attention should be focused on that because in the long run it is more damaging than any other of the wickedness the government is perpetrating. I hope it is going to be possible to mount on expedition to Bahrain to see how these foreigners are brought into Bahrain and how they are employed in the security forces. I think that would have a tremendous effect.

Now we come to our last speaker who is Saeed Shehabi. I am going to ask him to say something about recent events in London and how they impact on the situation in Bahrain and how this new development should be viewed by people in this country.DR SAEED SHEHABI: Thank you very much Lord Avebury. Thank you all very much for coming and just allow me to say a few words about being active against a regime that has committed torture, as you have heard from people who have themselves been tortured, not in the long past but in the recent months. We have heard from people who have been tortured in recent months, this year.

Lord Avebury said that these meetings are important but these meetings do not come without a price. Mr Mushaima earlier talked about how he was received six months ago after attending a seminar in the House of Lords. His plight was unfortunate. He was arrested and kept with Sheikh Mohammed Habib and at least five others in solitary confinement until he was released due to pressure from organizations like the Human Rights Commission and others.

However the plans and designs of the regime are not confined to Bahrain. I am not sure how many people in this room are working for the government, and paid by the government to report on what we are saying. We have always welcomed them in the past. I am sure there must be some people who are doing that job. I don’t know how honorable and noble that job is but it certainly brings money to people. Unfortunately we live in a world where money speaks. I hope people scrutinize what they do because if they participate in a crime then they will be criminals themselves.

When I say crimes I mean crimes. This is what I am going to tell you about. In the early hours of the morning of Monday July 6^{th me and my wife were woken up by the sound of a fire alarm in my house. My wife got up, I was too tired. She shouted: ‘Come down, come down, there is a fire’. I came down and the fire was raging outside the door. It destroyed the whole frontage of the door and the car park. One of the cars in the passage was damaged. We managed to distinguish the fire. We called the fire brigade and the police but by the time they came most of the fire had already been extinguished.}

^{It could have been just an odd arson attack that often takes place in the UK. But a week earlier somebody came to my house and told me an attack was eminent. A few weeks earlier they had told me that the government is planning attacks on you. You as opposition, not just you as a person. He specified what sort of attack would take place but on that Tuesday, June 30th he said I must see you urgently.}

^{He came in the evening and told me that the attack is eminent. I ridiculed it, just brushed it aside and did not take notice of it. Two days later on July 8th two of our colleagues were walking at about 9.30 in the evening in the locality of Euston station. They had just left bus 205 going to Charlton Street where we have a community centre. They took a short cut through an alleyway and there they were set upon by three young men and were beaten up. They were Ali Muahsima and Abbas Omran who are here today. They were severely and savagely beaten. They started shouting. There was a CCTV and a bar nearby.}

^{We must brushed it aside – it could have been just thugs. But a phone call came on Sunday saying that this is the last time we warn you. If you set foot again outside the Bahraini embassy you will be killed. Until that moment nobody knew about the attacks. We kept it to ourselves. On Sunday night, early morning Monday my house was arson attacked. Luckily nobody was injured because the fire brigade had just fitted sensitive fire alarms which detected even the paraffin.}

^{The police came. They told me you are what we call a privileged a victim and that I deserved special protection. That never came. We are surprised that until now the police have not taken serious action. My colleagues called on the police just to look at the CCTV at 9.25pm of that particular day. I am not asking them to scan hundreds of minutes, I am giving them a specific time. They were reluctant. But I think today they saw our conference. They called me this morning and said that today – more than a month later – they would open the CCTV. This is good news because it will tell us that at least at some stage the police would take action. In my case I haven’t heard anything. I kept ringing them. They said : “No nothing. We have a witness who saw something. We are following some threads”. But nothing from them.}

^{A few days later before we released the news we got an email. The news were kept quiet. This email came from nowhere. It was sent to VOB Bahrain website. It says this is a short letter to Saeed and Ali and the rest of their colleagues. We warn you for the last time. For every tire that is burned in the street in Bahrain we will respond as we have done and this is a warning to Saeed in regard to his house and Ali and his colleague near Dar Al Hekma. (Dar Al Hekma is our community centre in Kings Cross near where they were attacked). You are agents of Iran and we are pursuing you.}

^{They are attacking us because we are agents of Iran, not because we are opposition to the regime of Bahrain. If you take that fine. But this is serious and this is not a joke. And every night me and my family wake up at any strange noise. The only thing we luckily got from the police was some advice. Change your route, when you have an appointment change your time, go at the last minute, fit CCTV, try to change your routine. This is good advice and common sense. We thank the police for this advice.}

^{We are living in a world of violence and it seems to me that groups who do not engage in violence are the losers. It seems to me that when you adopt violence, like the Taliban, you tend to have the British and American government more willing to engage in dialogue. But if you don’t engage in violence then you become a victim of both your own country, your own government which targets every pro-democracy movement and activist and those who support them.}

^{Could it be a coincidence that the former ambassador to the UK is now the head of the torture apparatus in Bahrain. Sheikh Khalifa Abdullah is in charge of the security operation in the country. And the present ambassador was the head of the security apparatus in Bahrain who had tortured this gentleman and a few others.}

^{We are living in a very difficult world. But do they think that violence would deter us? I don’t think they will be in their right mind if they think they will intimidate us by the use of force, and the use of violence. In fact when I say use of violence I know what I am talking about. Violence has not been used by the people against the royal family. As a matter of fact not one single member of the royal family in Bahrain has been injured, attacked or targeted by the people. We lost tens of martyrs, thousands of detainees, thousands of people who were tortured. Now there are at least 30 of our young people who are languishing behind bars.}

^{So violence has not been used by us. Not a single government employee has been injured. Yes, there were a few policemen who were injured because they were attacking rioters and demonstrators and that is a common happening. You see policemen injured in such situations. But violence has not been part of our policy and the British government, British intelligence know this very well and they are aware of the peaceful nature of our movement.}

^{We will continue the movement. We will continue resisting and opposing the hereditary dictatorship that owns and has occupied the land. Bahrain is an island – 90 percent of the coastline is under their control and they own 90 percent of the coastline and most of the islands. Bahrain is made up of more than 30 islands, probably three or four are inhabited by the locals and the natives while the rest are in their hands.}

^{You have islands that can house 40 – 50,000 people. They are in the hands of one single man and you have no way of consulting that man, whether it is the ruler, his brothers and uncles.}

^{So we are living under pure despotism. Other gulf countries have their ruling families but those families at least identify with their people. They may not have democracy but at least they share part of the wealth with their people. In our country they do not share the wealth, they do not like us as natives of the country. They import other people to replace the natives with new naturalized citizens. So we are in a very difficult situation. Are they going to silence us? No. Will such meetings continue? They are going to continue at any cost, whether by us or by others who will mourn us if they kill us.}

^{So I would like to end and again thank Lord Averbury and all of you. I would just like to read a letter by a gentleman here. I don’t want to mention his name. He has his own human motivation to send a letter to Mr Milliband: Dear Mr Milliband, we have told the Russian government that the killing of one of their opponents on British soil was unacceptable. Would you please use your best efforts to have a quiet word with the Bahraini ambassador and tell him that arson attacks and assaults against Bahraini political opponents sheltering in the UK are equally unacceptable? The reasons for my request are set out below.}

^{Mr Omran who was attacked did not come here looking for a job. He was a successful engineer in the oil company in Bahrain. But because of his activities as a human rights activist and advocate he was sacked last year and tortured and beaten. There are many pictures of him in chains, his body slashed by the police. He is here as real refugee not an economic one.Lord Avebury: The question is what would this meeting like to do about these latest revelations. You now understand why I said in my introductory remarks that you never imagined that the events in Bahrain would spill over into our own streets in the way that they have.}

^{My suggestion is that we should consider a resolution and if I may I will circulate a draft.}

^{Dr Avebury circulated the following draft resolution:}

^{This meeting, recalling that Britain continues to encourage Bahrain to honour its obligations under the International Covenant on Civil and Political Rights, and noting the Bar Human Rights Committee’s statement that human rights activists in Bahrain are subjected to systematic harassment and oppression by the state authorities in order to prevent them from criticising the government,}

^{(1) Notes with concern the recent attacks on human rights exiles from Bahrain in London;}

^{(2) Draws the attention of the Government to the testimonies of the victims given at this meeting;}

^{(3) Requests the Metropolitan Police to complete their investigation of criminal offences committed against exiles and their property, and}

^{(4) If sufficient evidence is not available against the offenders to refer these crimes to the CPS, asks the Commissioner to make a statement.}

^{The following amendments were suggested:}

^{This meeting, recalling that Britain continues to encourage Bahrain to honour its obligations under the International Covenant on Civil and Political Rights and noting the Bar Human Rights Committee’s statement that human rights activists in Bahrain are subjected to systematic harassment and torture by the state authorities in order to prevent them from criticising the government,}

^{* Notes with concern the prior warnings and subsequent recent arson attacks and assault on human rights exiles from Bahrain in London;}

^{* Draws the attention of the government to the testimonies of the victims given at this meeting;}

^{* Requests the Metropolitan Police to complete their investigation of criminal offences committed against exiles and their property and}

^{* If sufficient evidence is not available against the offenders to refer these crimes to the Crown Prosecution Service, asks the commissioner to make a statement;}

^{*Calls on the commissioner to extend police protection to Bahraini opposition activists.Dr Avebury: I think we would all take a very serious view of attacks on British soil and the fact that human rights oppression in Bahrain means also that any exiles who speak out against the violations of human rights are at risk themselves. Surely it is intolerable that we should have people on our own soil who are attacking those who criticize human rights in Bahrain. As the letter said there was a case where a Russian human rights activist in this country was assassinated and that was a cause célèbre. There were huge newspaper headlines. But this case where several people, Ali Mushaima and others have been subjected to attacks directly connected with the events in Bahrain and specifically targetted because of what they were doing on human rights in letters warning them and requesting them to desist from these activities. It is plain that these are not random incidents such as you may have in the Kings Cross area.Question: I want to know what the role of the British ambassador in Bahrain has been in fighting this problem or not fighting it.Saeed Shehabi: Lord Avebury has had some dealings with him.Lord Avebury: He acts on instructions from the Foreign Office. Our problem has always been that the Foreign Office treats human rights in Bahrain differently from human rights anywhere else in the world. We are much more reluctant to speak out. When pressed ministers will normally make some comment on the detention and torture of prominent individuals or on the attempt to silence the opposition and prevent them from holding meetings. But they don’t do so spontaneously as they do for other countries where pronouncements on human rights take place regularly. For Bahrain it is the exception and they always need to be prompted.Question: Why is that?Lord Avebury: You can think of a number of reasons. One is because there are strong commercial interests at stake. Another reason is our close relationship with the Americans and the presence of the 5th fleet. There is an interest in maintaining good relations with the royal family. There are historic ties which Britain had going back a couple of centuries which need them to make excuses for the royal family. Obviously these are not explanations which are given by the Foreign Office in public. They are matters of speculation. We have to make as good a guess as we can for the differences in the treatment of Bahrain and many other countries.Saeed Shehabi: Luckily this gentleman, this victim did not ask us for assistance this time to come. We did not help him with a visa. And we did not ask Lord Avebury to write him a letter, because if he did he would not have come. We have written in the past for some activists and some victims and Lord Avebury had written a letter to the embassy that he is our guest we are inviting him at our cost to attend our seminar. Most of the time the visa would not be granted.Question: This letter goes to the British Embassy in Bahrain……….Saeed Shehabi: Yes.Question: And they are refusing visas based on who is connected with this movement.Saeed Shehabi: We can’t explain it. They do not give reasons. A few similar people were just not granted visas or they would be given a time for an interview after the event we are planning. They would not say ‘no’ but they would say ‘come a week or two after the event has passed’.Comment: The recent events add a new dimension to what we have been discussing at this forum for years. The pressure should be increased and also media focus. I remember being a student in London in the 70s when Saddam’s men used to send people to harass students who were in opposition to what the regime was doing in Iraq. And it continues. I think the Bahraini authorities are perhaps moving at that level, therefore the people who are fighting for the rights of ordinary Bahrainis and their supporters here in the UK, should really take this as a line in the sand. It is really a totally different arena into which we have moved. Therefore the strategies, the manner in which the dialogue needs to be addressed has to move to a totally different thrust.Lord Avebury. I agree with what you are saying. The difficulty I had in drafting was that the police say the investigation is on going. As long as they are acting in good faith despite the length of time it took them to look at the CCTV. You would think that would be the first thing they would do. That part of the investigation does not encourage one to think they are very determined to find the culprits. It would not be wise at this stage to level criticism at police when they haven’t finished the investigation. We can’t tell the police whether the investigation should lead to criminal proceedings because it is a matter for them to evaluate whether the evidence is sufficient to warrant proceedings. But if at the end of the day they say we have looked into this and there really isn’t enough evidence to prosecute anybody at least we want the police to make a statement. People will say where is all this evidence? What is the conclusion? There are strong circumstantial reasons to believe that the regime was behind this. And if no one was charged people will want to know what was the outcome of the investigation.Comment: But if it is a case of terrorism in this country then there are other agencies who don’t need evidence. There are intelligence sources and someone like you, sitting in the centre of power, could point them in that direction.Question: With the resolution going from this meeting would there be time for other organizations, like the Human Rights Foundation in Norwich, to add their names to it?Lord Avebury: I was thinking that if the amended resolution was approved we would issue it to the press association and then if it gets picked up by others so much the better. It is topical if it comes from this meeting. We are holding the meeting now, we have reached a conclusion and the best way to publicise it is through the press association.Saeed Shehabi: Once it has be given to the press association we can also send it to other human rights organizations and see if they can adopt it and be signatories to it, so we can widen the scope.}

^{The amended resolution was passed unanimously.Dr Avebury drew the meeting to a conclusion by thanking the main speakers and the participants. He emphasized that there is a crisis and it was very important that a resolution has been issued.}

^{_______________________________________________________________________}

^APPENDIX

^{Islamic Human Rights Commission}

^{Bahrain – Haq Movement representative Dr Abdul Jalil Al-Singace arrested}

^{27 January 2009IHRC is outraged at the arrest of three prominent human rights activists from the Bahraini opposition, namely, Mr Hassna Mushaime\’, the Secretary General of Haq Movement, Sheikh Mohammad Habib Al-Miqdad, a prominent religious figure and public orator and Dr Abdul Jalil Al-Singace, a university lecturer. Their houses were raided in the early hours of the morning of 26 January 2009, around 3:00 am (local time) by police forces. The main doors were smashed open and women were reportedly attacked and children were terrorized.Early today, 27 January 2009, Bahraini authorities charged these political activists with conspiring to overthrow the regime, linking them to an alleged terror plot.In view of the ever-increasing reports about Bahraini authorities torturing political detainees, IHRC fears that Al-Singace and others will face physical abuse at the hands of the police as well.These serious developments in Bahrain have plunged the country further in political turmoil, as widespread clashes are reported between supporters and police forces following the arrests. Over the past few years as Shaikh Hamad bin Isa Al-Khalifa, ruler of Bahrain since 1971, insists on his autocratic policies in the country, public discontentment with the regime has rapidly increased.IHRC has close links with Dr Al-Singace and Haq Movement and is actively working with them to eradicate human rights violations in Bahrain.With regards to Dr Al-Singace’s arrest and these recent developments, IHRC Chair Massoud Shadjareh stated, “It is extremely worrying to see a prominent human rights activist and outstanding law-abiding citizen getting targeted for nothing more than standing for justice for all. This is indeed a very dark day for the history of Bahrain.”}

^{For more information please contact the Press Office on (+44) 20 8904 4222 or (+44) 795 8522 196 email}

^{faiza@ihrc.org}

^{***********************************************************************}

^{Bar Human Rights Committee of England and Wales}

^{Report on Bar Human Rights Committee Hearing Observation: Human Rights Defenders in Bahrain}

^{A report of the hearing of Mr. Hasan Mashaima (Secretary General of Haq Movement of Civil Liberties and Democracy); Dr. Abdul-Jalil Al-Singace (Head and Spokesperson for HAQ); Mr. Mohammed Habib Al Muqdad (prominent religious figure closely allied to HAQ) and others (case no.1057/2009/7) High Criminal Court Bahrain – 24 March 2009}

^{Conclusions and Recommendations:}

^{The Bar Human Rights Committee welcomes the royal pardon issued on 11 April 2009 releasing all thirty-five defendants in this case. However, the lawfulness of the arrests, detention, conduct during the trial, and the allegations of torture remain unresolved.}

^{While recognising that Bahrain has demonstrated a willingness to listen to the international community, it is clear that human rights activists in Bahrain are subjected to systematic harassment and repression by the state authorities in order to prevent them from criticising the government.}

^{The three main defendants, Mr Hassan Mashaima, Dr Abdul-Jalil Al-Singace and Mr Mohammed Habib Amuqdad, appear to have been targeted as a result of their legitimate work within the field of human rights. As human rights activists, they have the right to “promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels”, as provided under 1 of the UN Declaration of Human Rights Defenders. As such, Bahrain has an obligation not to harass or discriminate against them.}

^{It is the view of BHRC that this hearing and the circumstances surrounding them demonstrate violations of the right to freedom of expression, the freedom of association, the right to a fair trial and the inalienable prohibition on the use of torture and cruel, inhuman or degrading treatment or punishment by state officials.}

^{The hearing of 24 March 2009 was conducted in an open manner. Defence counsel was given considerable latitude in making representations and submissions on behalf of the thirty-five co-defendants. The court’s rulings reflected an observance of those submissions. However, BHRC was disappointed to observe that little consideration was given to the evidence in relation to each defendant.}

^{It appeared as though the “confession” evidence was the only form of evidence against the accused. Under Article 15 of the CAT, the Kingdom of Bahrain is prohibited from using evidence or statements in any proceedings which were extracted through the use of torture. A similar obligation is provided under Article 19 of the Constitution of the Kingdom of Bahrain. As such, in the absence of a full and independent investigation of the torture allegations the “confession” evidence should not have been admissible..}

^{Furthermore, the publication of the “confession” evidence on government-controlled television and in several Bahraini newspapers may also undermine the general right to a fair trial as guaranteed by Article 14 of the ICCPR by influencing public opinion and/or the judiciary in their conduct of the case.}

^{In respect of the torture allegations, it was unclear whether the court or defence counsel had a copy of the medical report to which the Public Prosecutor referred to in his submissions. However, as the defendants resolutely contradicted the Public Prosecutor’s report, stating that torture had been used, BHRC is concerned that the Public Prosecutor’s report was not thorough, impartial or independent. Under Article 12 of the CAT, Bahrain is under a positive duty to undertake prompt and impartial investigation into allegations of torture. Article 13 of the same Convention ensures that any individual who alleges he has been subjected to torture has the right to complain to, and to have his case promptly and impartially examined by, its competent authorities.}

^{According to Article 9 of the ICCPR, there is a general presumption against individuals being detained in custody while awaiting their trial. As such BHRC was disappointed that the option of bail was not meaningfully considered, given that some of the detainees have been held for over four months, some in solitary confinement. No reference was made to whether any detainees had previous convictions or reasons as to why it was not appropriate to release them on bail, under suitable conditions. Further, if the televised confessions were not to be relied upon by the court upon what evidence were the three first defendants remanded in custody?}

^{BHRC also raises concerns regarding the preliminary hearing on 23 February 2009. While international observers were not present at this hearing, it was reported to BHRC that the defendants were prevented from making full submissions and that those which were made were not recorded by the court’s stenographer. Defence counsel had to repeatedly request the court to make a note of the defendants’ submissions. As a party to the ICCPR, Bahrain is obliged to provide a “fair and public hearing by a competent, independent and impartial tribunal” pursuant to Article 14. In addition, section 3(d) of the same Article obliges Bahrain to try defendants in their presence. Hence the hearing of the thirteen co-defendants in absentia violates this duty. It is unclear whether adequate consideration had been given to this issue.}

^{Interview techniques and procedures used by government authorities when the three activists were arrested on 26 January 2009 highlight an obvious concern. During the interview, it was alleged that the state interrogator made inaccurate recordings of the answers of one of the co-defendants, and that lawyers were prevented from participating in the interview process or to actively represent their client. Article 20 of the Constitution of the Kingdom of Bahrain provides assurances that individuals are guaranteed the right to a defence at all stages of the investigation and trial. Article 14 of the ICCPR provides the right to time and facilities for the preparation of a defence and to communicate with counsel of their own choosing. It also the accused to “defend himself in person or through legal assistance of his choice”.}

^{Recommendations}

^{With reference to the case observed, the Bar Human Rights Committee of England and Wales strongly urges the Kingdom of Bahrain to:}

^{ Conduct an objective, detailed and transparent investigation into the torture allegations with a view to bringing criminal charges if sufficient evidence is revealed as required by their obligations as set out in the UN Convention against Torture.}

^{ If allegations are proved, provide appropriate redress as required by their obligations as set out in the UN Convention against Torture.}

^{ Consider holding an independent, open public inquiry into the torture allegations}

^{ Ensure that education and information regarding the prohibition against torture are fully included in the training of law enforcement personnel, civil or military, medical personnel, public officials and other persons who may be involved in the custody, interrogation or treatment of any individual subjected to any form of arrest, detention or imprisonment.}

^{ Ensure that all legitimate prosecutions are instituted in accordance with the law and are brought before fair, independent and impartial tribunals prescribed by law and that the conduct of such proceedings be in accordance with internationally recognised standards governing fair trials, including the United Nations Basic Principles on the Independence of the Judiciary.}

^{ Ensure that a full record is kept of all proceedings in order to enable defendants to be confident that they are being heard and to challenge rulings by way of appeal.}

^{ Amend national legislation which arbitrarily restricts the right to freedom of association and freedom of expression.}

^{ Immediately and unconditionally put an end to all acts of harassment and imprisonment of human rights defenders in Bahrain where they are exercising their right to free speech and provide legal protection to those who are legitimately exercising their human rights and fundamental freedoms as recognised by the Declaration on Human Rights Defenders.}

^{ Endorse the recommendations of the Special Rapporteur on Human Rights and Counterterrorism proposing amendments to the Counter Terrorism Law (Protecting Society from Terrorists Act no. 58 (2006)) – this will prevent the improper use of national laws to infringe on protected rights of peaceful dissent; and to bring the period allowed for detention without charge or judicial review into line with international standards.}

^{ Restate their commitment to all other regional and international human rights instruments ratified by the Kingdom of Bahrain, including the International Covenant against Torture, the Covenant on Civil and Political Rights, and to sign and ratify without delay the Optional Protocol to the ICCPR.}

^{****************************************************************}

^{The Observatory for the Protection of Human Rights Defenders}

Press Release: Bahrain: Call for the acquittal of Mr. Mohamed Abdul Nabi Al-Maskati

Paris-Geneva, March 30, 2009. The International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), in the framework of their joint programme, the Observatory for the Protection of Human Rights Defenders, call for the acquittal of Mr. Mohamed Abdul Nabi Al-Maskati, Director of the Bahrain Youth Society for Human Rights (BYSHR), which organises training workshops, monitors and documents human rights violations and participates in forming a regional network for young human rights activists in eight Arab countries.

Mr. Mohamed Abdul Nabi Al-Maskati will be tried on March 31, 2009 upon charges of “activating an unregistered association before issuing the declaration of registration”, in the follow-up of a hearing that had taken place on November 27, 2007 before the Fourth Degree Minor Criminal Court.

These charges are linked to the fact that BYSHR failed to get registered because of the restricting procedures included in the Bahraini 1976 Criminal Code and 1989 Law on Associations, which pose conditions to the registration of NGOs, among which the approval by the authorities, the fo