A special report on the torture and human rights violations against the detainees in the case of "Alliance for the Republic"
The military court in Bahrain issued harsh sentences against 21 opposition leaders and figures, including Abdul Hadi Al Khawajah, the prominent human rights activist.
The lack of international standards for trials and having civilians tried before a military court are blatant violations of their rights and a sign of the invalidity of the sentences issued.
Bahrain Center for Human Rights (BCHR) considers the detainees prisoners of conscience with no material evidence of their involvement in violence or the incitement of violence. The BCHR condemns their torture during interrogation and trial.
5 June, 2011
Introduction
On the dawn of 16th March 2011, Bahrain security forces backed by the military crushed the popular pro-democracy movement in Bahrain by clearing the Pearl Roundabout in the capital Manama from protesters after declaring the state of “National Safety” (Martial Law) and the intervention of GCC security and military forces in Bahrain under the cover of the “Peninsula Shield”. Saudi troops formed the majority among those forces which was led by Major General Mutlaq Bin Salem - the head of the Peninsula Shield forces. Local authorities launched a wide campaign of arbitrary detentions against all those involved in or supported - in any way - the pro-democracy movement during the period from 14th February until 17th March 2011. According to initial estimates, the number of detainees exceeded 2000 including 21 opposition leaders and human rights activists - 7 of whom were tried in absentia for not being able to arrest them. They were tried before a military court known as "The Court of National Safety" which was held at the Military Courts headquarters of the Bahrain Defense Force (the army). The following report presents a summary of the abuses they were subjected to before and after the trials which ended on 22nd June 2011 (case No. 124/2011). The sentences ranged from two years to life imprisonment [1] (attached a list of names and sentences).
In the aforementioned sentence, the court relied on reports and testimonies of the National Security Apparatus (the intelligence services) which claimed that members of this group (21 in total, 7 of whom were considered escaped) had formed an organization calling for a democratic republic instead of the current monarchy and that they had participated in managing the popular protest movement, inciting hatred against the regime and its symbols, planning for the overthrow of the regime by force, calling for civil disobedience, spreading false news about the situation in Bahrain and collaborating with a foreign power. These charges were denied by all the defendants and their lawyers who have considered them malicious as a punishment to these activists, who were annoying the authorities with their peaceful activities in the previous period, by imposing the most severe penalties under the two laws of “Terrorism” and the “State Security” law in the penal code which is condemned internationally.
All the defendants insisted that what they have done was only practicing their legitimate right to freedom of expression and peaceful assembly calling for civil, political, economic and social rights to all the people. Moreover, all their activities did not go beyond the frame of peaceful actions.
This brief report outlines some of what these activists have suffered with torture and human rights violations since their arrest until the time of writing of this report. It includes the following:
I. Violations during the arrest and detention. II. Torture at the National Security Apparatus (Al Qal’ah). III. Physical and psychological torture at the military prison (Al Grain). IV. Violations related to the interrogations done by the National Security Apparatus and the Military Prosecution. V. Violations related to trials before the Military Court. VI. Vengeance on relatives of the detainees.
I. Violations during the arrest and detention:
All fourteen detainees in this case said that their arrests took place by raiding their houses or houses of their relatives after midnight. They had not been summoned or informed that they are wanted by any authority. No documents of a judicial warrant for their arrest or search were presented. The following are some examples of detainees' testimonies about the detention process:
Ebrahim Sharif (Secretary General of Wa'ad Party): "When they came to arrest me on 17th March, I asked the officer who was in civilian clothing if he have an arrest warrant. He told me that there is no arrest warrants in the state of National Safety. Two months later, during the hearing of prosecution witnesses, the officer who arrested Abdul Hadi Al Khawajah said: "We had an arrest warrant, but he did not ask us to present it".
Explaining the way he had been arrested, Dr. Abdul Jalil Al Singace (head of the Human Rights Office in Haq Movement) - a professor at the University of Bahrain who suffers from a disabled left leg due to polio - said: "At dawn on 17th of March my house was raided and a large number of armed men stormed through the house by breaking open the doors and headed to my bedroom in the second floor to arrest me. My wife and my daughter were terrorized in their bedrooms. I was not allowed to wear any outerwear and was dragged forcefully out of the bedroom in my underwear, barefoot and without my eyeglasses. At gunpoint of the special forces - who were all masked - I was insulted with obscene words and was threatened with rape to me and my family. On the way to Al Grain prison, one of the armed special forces put his leg over my body the whole way while I was handcuffed and blindfolded at the back of the car. During the trip, I was repeatedly sexually harassed and was told that I will be handed-over to the Saudi forces suggesting that worse mistreatment is coming.
On 20th of March, Salah Al Khawajah - a social activist - was arrested. Describing his arrest he said: "At 2 AM they raided my house, broke the doors and confiscated everything they could find in front of them. My wife was singled out in a room where they ripped off her headscarf, kicked and punched her with their fists and harassed her [2]. I was arrested on the second floor of the house and was dumped from the roof of the house by the orders of the commanding officer. On the way to (Al Qal’ah), I was constantly severely beaten by kicking and punching me all over my body as well as on the genitals and they caused a wound next to my left eye".
Sheikh Mohammed Habib Al Miqdad (a political activist and a cleric) was arrested on 1st of April and was subjected to continuous severe beating all over his body. He was dragged out of the house he was in and had his clothes removed completely until he became naked. He could not avoid the punches and kicks as he was trying to cover his private parts with his hands.
Abdul Hadi Al Khawajah (a prominent human rights activist) said: "On 9th of April, special forces stormed the building where my two married daughters live. Once they identified me, they started beating me while I was rolling on the ladder of the building from the third to the second floor. Then, they handcuffed me from the back, blindfolded my eyes and took me out of the building. Before putting me in the car, I was hit forcefully on my face (perhaps with a gun butt or another tool) which resulted in two deep wounds above my left eye and four fractures in my left jaw, cheek bone and my nose which required transferring me immediately to the emergency unit at the Military Hospital (BDF). I had to undergo a surgery and since that time I still suffer from the effects of that operation as my face tissues and nerves have been affected and I still cannot use my jaw.
Describing his arrest Abdul Wahab Hussain (a political activist and the spokesman of the Islamic Al-Wafa'a Movement) said: "My house was raided after midnight. While arresting me, I got beaten, kicked and had my head hit by the wall and started bleeding. My daughter Aqeela (20 years old) was also beaten by the rifle butt. They searched the house and confiscated computers, 6 mobile phones; most of which belong to my family members, as well as confiscating BD 1700 which was at the house. They continued to beat me on the way to Safrah Camp as well as on the way to Al Grain Prison".
Hassan Mushaima (a political activist and Secretary General of Haq Movement) also got beaten and insulted on the way from Safrah Camp to Al Grain prison.
II. Torture at the National Security Apparatus (Al Qal’ah):
Shaikh Mohammed Habib Al Miqdad: “Some of the torture methods used against me during my stay at the National Security Apparatus headquarters in Al Qal’ah since I was arrested in April for 4 days is the following (I recognized the voice of Shaikh Mirza Al Mahroos while he was being tortured and knew later on that he was subjected to the same treatment that I went through. I also recognized the voice of Hasan Jawad who was there in the same time period):
1. Hung like cattle (bastinado a.k.a. falaka) for several sessions. Every session lasts 3 to 4 hours of beating with water hoses on the soles of the feet and the legs. 2. Use of an electrocution device which is a device that looks like a shaving machine and is placed on your body. They used it on the belly, thighs, below the arm pits, as well as on private parts. 3. Sleep deprivation for several days while you are standing, your hands cuffed behind your back and in a bent position. If you fall on the ground, they left you up by hitting you with hoses (plastic pipes). They continued to beat me for 6 days until I passed out. 4. Use of severe force while slapping on the face in a very painful way to the extent that I felt my jaw and teeth slightly dislocated with bleeding. 5. Verbal abuse and the use of very vile language against me, my wife and my mother. 6. Beating on the soles of the feet then pouring cold water on it to cool it down then continuing to beat on the feet which felt much worse. 7. Beating on the back, the back side of the neck, the thighs, and kicking you on your back. Bruises and scars are still showing all over my body.”
Shaikh Mirza Al Mahroos: “I was held at Al Qal’ah in the same period that Shaikh Al Muqdad was there. I overheard what was happening to him. I was treated the same way he was. I also recognized the voice of Mohammed Hasan Jawad while he was being tortured. There were tens of people in a corridor we were in for a week while we were handcuffed and blindfolded. We hear the torture being committed to everyone. I have made a previous statement regarding what I was subjected to [3].”
Mohammed Hasan Jawad: “After my arrest on 22nd of March I stayed for 15 days in Al Qal’ah prison with other detainees which I could not recognize. I was hung from the hands and beaten with hoses as well as electrocuted on my legs with marks still showing on my body. I was also sexually harassed and they took off my clothes and tried to insert a stick into my anus but I fiercely resisted which resulted in me being beaten severely. On 7th of April I was transferred to Al Grain Prison where they continued to subject me to physical and mental torture especially my first week there.”
Mohammed Ali Ismail: “After my arrest on 23rd of March I was detained for two weeks in Al Qal’ah Prison then I was transferred to the Dry Dock Prison and then to Al Grain Prison on 7th April. There I was subjected to beatings and insults both to my person and to my beliefs. The most painful torture was electrocution at Al Qal’ah Prison during interrogations to extract confessions from me. They poured cold water all over my body while blindfolded and then they beat me with a device that once touches your body, you feel an electric shock which burns the skin and causes severe pain. This continues until I become tired and exhausted. This torture method was repeated several times. In the Dry Dock Prison I met the detainee Ahmed Al Maqabi and he told me that he was electrocuted on his private parts.”
Salah Al Khawajah (political and social activist): “I was arrested in the National Security Apparatus headquarters for 18 days. During this period my eyes were covered 24 hours a day and I was beaten and insulted during interrogations. Then I was transferred to the Dry Dock Prison for a couple of days and then on the 9th of April they transferred me to Al Grain Prison.”
III. Physical and psychological torture at Al Grain Prison:
Ebrahim Sharif: “After my arrest I was taken to a van blindfolded which had 5 other people in it. Of those I recognized was brother Hasan Mushaima. We arrived at the prison at around 5 AM and as soon as we arrived at the prison yard we were insulted with profanity and we were threatened. I heard them say to Hasan Mushaima “Curse you and your twelve Imams”. Afterwords we were taken into a room and they stripped us of our clothes and then we wore them again. I was admitted to ward number 4. With me in the same ward was Shaikh Saeed Al Noori, Dr. Abdul Jalil Al Singace, Shaikh Abdul Hadi Mukhodur, and Al Hurr Al Sameekh who suffered the same ill treatment that I had. It should be noted that while we were in solitary cells, we were able to hear the screams, insults, profanities, and groans. The torture meals started the night of the same day. At first cold water was poured on me and on my sponge bed, pillow, and blanket while the air-conditioner was on and the cells were cold. Sleep was impossible at this condition. Then a masked group (5-6 people) stormed the cell and took turns on slapping, punching, and kicking me in addition to the insults and profanities. They continued like this for a week. They would come twice or thrice daily. In two or three instances they used a plastic hose to hit on the tips of my fingers and on my back. The torture did not aim to extract particular confessions but was a form of punishment and vengeance as well as a way to mentally prepare the detainee for interrogation which only started after 5 days. The torture continued albeit intermittently for two months and even a little after the court sessions started. Insults continued until June. ”
Shaikh Abdul Hadi Al Mokhodur (cleric and a political activist): “In addition to torture with water, insults, profanities, and beatings for 10 days, the National Security officers unleashed dogs in front of our cells while turning the lights off to terrorize us. The dogs were jumping and barking loudly for a long time. Moreover, the National Security officers forced us to stand for 3-4 hours daily. They spat on us and in our mouths and forced us to swallow their spit. If we refuse they would beat us with hoses and humiliate us. They even tried to take off our clothes and did inappropriate moves on us and beat us with hoses. They did not allow us to shower for 10 days and they prevented us from praying several times. They also delayed our meals for several hours. I was in solitary confinement since I was arrested on 17th March until 9th June.”
Dr. Abdul Jalil Al Singace: He adds to the above: “we were told that we are in a Saudi prison. Everyone in the prison was masked the guards (who were not Bahrainis and don’t speak and used signs to communicate except a very few), doctors, nurses, prison officials, and others in addition of course to torturers. The guards (guarding the cells and wards) wore military attire, however, the rest were in civilian clothing. Whenever we were taken out of the ward, we were blindfolded and had our heads covered with a bag to prevent us from seeing and only allowed us to breath. Moreover, during my transfer to Al Grain Prison as well as during the first period in the prison I was sexually harassed. They tried to take down my pants and threatened to do obscenity to me. I was also hit with slippers on my face and head, insulted and humiliated, and had my nipples pulled and my hair pulled (hair on my hands, head, and legs). They beat us on the head with their fists as well as with their triceps. They put a slipper in my mouth and then rubbed it on my face. They hit me on the chest and below the chest. They put a gun on my head and threatened to use it. Throughout my solitary confinement, they took away the cane I use for walking and they did not allow me to use my glasses for more than a month and a half. I was forced to stand on one leg while lifting my hands up for a long time and this was repeated several times a day. I was also beaten all over my body (head, nick, back, stomach, hands, face, and ears). They took off my pans and underpants in an attempt to do obscenity to me. My sect and beliefs were mocked and attacked and I was sleep deprived and threatened repeatedly that they will attack my family (wife and daughters). They threatened to electrocute me and pull off my nails. Throughout the detention period (two months) they did not allow me to communicate with fellow detainees or call my family and lawyer. ”
Shaikh Saeed Al Noori and Al Hurr Al Sumaikh: we were subjected to most of the aforementioned torture methods as we were detained in the same ward and for the same period of time. Moreover, Shaikh Abdul Jalil Al Moqdad who was brought into Al Grain Prison on 27th March, and as he was a big muslim scholar in Bahrain they focused more on humiliating him and mocking his sacred beliefs and swearing as well as beating him with belts on his back where he suffers from a slipped disc. He was tortured by pouring water on his body and bed and they spat on his face and in his mouth.
Shaikh Mohammed Habib Al Moqdad and Shaikh Mirza Al Mahroos after 7 days of torture at the headquarters of the National Security in Al Qal’ah, they were transferred to Al Grain prison where they experienced the same torture methods mentioned above. Al Moqdad added: “I was beaten with a hose all over my body until I start to bleed and blood starts to stain my clothes. They put shoes in my mouth forcefully and this caused my gums to bleed. This repeated several times. My clothes were taken off completely and I was forced to take a prostrate position. Al Mahroos suffered with the same.”
Hassan Mushaima was subjected to much of the above mentioned. He said: “I have many experiences in prisons. While I spent 6 years in prison during the nineties most of which were in solitary confinement and without a trial and I was also arrested in 2007, but the worst experience I had is my current detention. I was subjected to all forms of insults, beatings, humiliation, swearing, torture with water, spitting, and standing continuously for 5 hours or more and other things similar to what other detainees in Al Grain Prison experienced.”
Abdul Wahab Husain and Salah Al Khawaja: they were subjected to the same torture methods that others experienced in the same group especially torture with water, spitting in the mouth, kissing the shoes of torturers under threat of beatings and swearing and profanity at them personally and at their mothers as well as threats of sex