Int'l Calls to Release 6 Bahrainis
2021-03-09 - 10:39 am
Bahrain Mirror: Americans for Democracy & Human Rights in Bahrain (ADHRB) and UN Working Group on Arbitrary Detention's report demanded the release of 6 Bahraini activists who were arbitrarily arrested without judicial permit and were tortured to have their confessions extracted.
The Working Group requests that the Government of Bahrain take the steps necessary to remedy the detainees without delay and bring it into conformity with the relevant international norms, including those set out in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. The WGAD recommends that Bahrain release the six individuals who remain in detention and accord all of them an enforceable right to compensation and other reparations.
The United Nations Working Group on Arbitrary Detention (WGAD) demanded in November 2020 the release of six individuals: Ali Mahdi Abdulhusain Mohamad Alaiwi, Hasan Asad Jasim Jasim Nesaif, Habib Hasan Habib Yusuf, Ali Ahmed Ali Ahmed Fakhrawi, Mohamed Ahmed Ali Ahmed Fakhrawi, and Nooh Abdulla Hasan Ahmed Hasan Al Amroom, currently incarcerated at Jaw Prison, indicating that they have been unlawfully convicted and have suffered a slew of illegal human rights violations.
The dates of their arrest range from May 2011 to September 2015. The alleged violations involve arrests without a warrant, enforced disappearances, and torture. The most common methods of torture reported include beatings all over the body, deprivation of sleep, detention in cold rooms, and threats against family members.
Two of the defendants were minors at the time of their arrest (Ali Mahdi Abdulhusain Mohamad Alaiwi and Hasan Asad Jasim Jasim Nesaif). Due to the torture that they were inflicted with, at least four of the defendants signed confessions to the charges attributed to them.
The defendants were all denied access to their lawyers, or allowed only limited access at certain periods. The WGAD has found a consistent pattern of behavior by Bahraini authorities in not providing arrest warrants or reasons for arrests.
Indeed, the WGAD reported that all six individuals were arrested without a warrant; the government did not respond to this allegation.
Moreover, none of the individuals were brought promptly before a judicial authority to challenge the legality of their detention. Following Mr. Mohamed Fakhrawi's arrest, he was subjected to enforced disappearance for three months.
The government stated that the allegations that enforced disappearance had been employed by the authorities were unsubstantiated. However, the government failed to detail the specific location of the individual following their arrest, or any information to suggest that their families and lawyers knew their fate or whereabouts.
"The Government response, stating that all six had lawyers present at their trial, does not address the issue that lawyers were not allowed to be present during interrogations, or address the limited time afforded to consultation before and during trial," Americans for Democracy & Human Rights in Bahrain said.
Evidently, the principle that all persons deprived of liberty have the right to legal counsel at any time during detention, including immediately after apprehension, was not respected.
The individuals were also not afforded their right to adequate time and facilities for the preparation of defense and communication with counsel of their choosing, as well as their right to present an effective defense.
The Working Group notes that, in some instances, the Government stated that it investigated these allegations, but that the cases were filed or archived.
The Working Group urges the Government of Bahrain to ensure a full and independent investigation of the circumstances surrounding the arbitrary deprivation of liberty of the six individuals with the view to hold the perpetrators to account, calling for their immediate release.
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