Amnesty International Report 2000 - Bahrain

Head of state: Shaikh Hamad bin 'Issa Al Khalifa (replaced Shaikh 'Issa bin Salman Al Khalifa in March)
Head of government: Shaikh Khalifa bin Salman Al Khalifa
Capital: al-Manama
Population: 0.6 million
Official language: Arabic
Death penalty: retentionist

Several hundred anti-government protesters arrested in previous years continued to be held, the majority without charge or trial, and scores more were reportedly arrested and held for short periods during 1999. Some detainees arrested in previous years appeared before the State Security Court and received prison sentences of up to 10 years on charges including "violation of state security". The authorities continued to ban several Bahraini nationals from returning to the country. Hundreds of political prisoners and detainees, including prisoners of conscience, were released during 1999.

Background

The human rights situation started to deteriorate seriously in December 1994 following widespread demonstrations and protests calling on the government to restore the National Assembly, which had been dissolved in 1975. Thousands of people, including women and children, were arrested and hundreds were convicted after unfair trials. Torture and ill-treatment became widespread and a number of detainees died in custody. In March 1996 'Issa Ahmad Qambar was executed in what was the first execution in almost 20 years. He was arrested in connection with anti-government protests and convicted of the murder of a police official. However, a number of positive steps have been taken by the government in recent years. In 1996 the government signed an agreement which allowed the International Committee of the Red Cross (ICRC) to visit detainees, and in 1998 Bahrain acceded to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

In March the Amir, Shaikh 'Issa bin Salman Al Khalifa, died of a heart attack at the age of 65. His son, the Crown Prince, Shaikh Hamad bin 'Issa Al Khalifa, officially acceded to the throne in June. Under the new Amir, several positive steps were undertaken. Hundreds of political detainees and prisoners were released. For the first time in 12 years, AI delegates visited Bahrain and the UN Working Group on Arbitrary Detention was invited to visit the country in 2000. In October the Amir issued a decree ordering the Shura (Consultative) Council to set up a committee to monitor human rights. The six-member committee was to "study all human rights legislation and regulations which apply in Bahrain" and "to raise awareness of human rights, take part in seminars and conduct studies and research in the field". In December the Amir announced that local elections would be held.

Release of political prisoners

In June the Amir ordered the release of 320 detainees and 41 convicted prisoners who had been held in connection with anti-government protests. The order also included 12 Bahraini nationals resident abroad who were allowed to return to the country. Among those who benefited from the Amir's order were young men and minors who had been detained without charge or trial for months or years.

Bahrain's longest serving political prisoner, al-Sayyid Ja'far al-'Alawi, was released in August after spending 18 years in prison. He and 72 other people were sentenced in 1981 for their alleged involvement in an attempt to topple the government. Al-Sayyid Ja'far al- 'Alawi had received a 25-year prison sentence.

In June Muhammad 'Ali Muhammad al-'Ikri was released and in July prisoner of conscience Shaikh 'Ali bin Ahmad al-Jeddhafsi was released after spending more than three years in detention without charge or trial. It was not known whether his release was conditional.

In November the Amir ordered the release of a further 150 detainees and 50 prisoners all of whom were reportedly accused of "crimes against the state". Twenty Bahraini nationals living abroad were said to have been allowed to return to the country. In December the Amir ordered the release of another 195 political prisoners and detainees. By the end of 1999 it was not known whether all those who benefited from the Amir's orders had been released.

Prisoners of conscience

Six prisoners of conscience – Shaikh Hassan Sultan, Shaikh 'Ali 'Ashour, Shaikh Hussain al-Deihi, Sayyid Ibrahim 'Adnan al-'Alawi, Hassan 'Ali Mshaima' and 'Abd al-Wahab Hussain – remained held without charge or trial at the end of 1999.

Shaikh 'Abd al-Amir Mansur al-Jamri

Shaikh 'Abd al-Amir Mansur al-Jamri went on trial on 21 February before the State Security Court in Jaw, near al-Manama, on charges including incitement to acts of violence, sabotage and espionage. His trial violated international standards for fair trial. He was given access to a government-appointed lawyer only one hour before the court session. His family, however, appointed four other lawyers who defended him. Shaikh al-Jamri's family was allowed to attend the trial which was held in camera . The second court session did not take place until 4 July, and on 7 July he was convicted and sentenced to 10 years' imprisonment and a fine equivalent to $US 15 million. Defendants convicted by the State Security Court have no right of appeal. However, he was granted a pardon by the Amir and released on 8 July. His release was conditional on him refraining from any future anti-government activities and giving interviews to the media. Security forces were said to control access to his house in Bani Jamra and his movements were tightly controlled.

Political prisoners

During 1999 scores of anti-government protesters were reportedly arrested and hundreds of others arrested in previous years continued to be held without charge or trial. In January, five men were sentenced by the State Security Court to prison terms ranging from two to 10 years on charges including "violation of state security". Among them were 'Abd al-Ra'uf al-Shayib and Sayyid Ahmad al-Marzuq, who received prison terms of 10 and three years respectively. Details of their trial proceedings were not available.

Forcible exile

Bahraini nationals who had spent time living abroad continued to be banned from entering the country. In January 'Abd al-Majid Muhsin Muhammad al-'Usfur, his wife and their five children again attempted to enter Bahrain. They were held at al-Manama airport for two days, issued with new passports valid for one year and forcibly sent to Lebanon. Muhammad Ridha al-Nashit, his wife, Ma'suma Jad 'Abdullah, and their eight children were detained for 10 days in July at al-Manama airport and forcibly sent to the United Arab Emirates. At least five other families were banned from entering the country during the year.

Convention against Torture

In March 1998 Bahrain ratified the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment with a reservation to Article 20 and Article 30(1). Article 20 refers to a state party's obligation to cooperate with the Committee against Torture if the Committee receives "reliable information which appears to it to contain well-founded indications that torture is being systematically practised in the territory of a State Party". Article 30(1) refers to disputes between state parties concerning the interpretation or application of the Convention.

On 4 August 1999 Bahrain withdrew its reservation to Article 20. However, no investigations into past torture allegations were known to have been carried out.

Intergovernmental organizations

In April AI updated its previous submissions on Bahrain for review by the UN Commission on Human Rights under a procedure established by Economic and Social Council Resolutions 728F/1503, for confidential consideration of communications about human rights violations.

AI visit to Bahrain

For the first time since 1987, an AI delegation visited Bahrain in June and July and held talks with government ministers, senior judges and other officials. Several areas of concern were discussed including allegations of torture, trial procedures before the State Security Court, forcible exile and ratification of international human rights treaties. However, the delegates were not allowed to meet independently with non-governmental organizations, professional associations and others concerned with human rights protection and promotion. In November AI submitted a memorandum of its findings and recommendations to the government. AI's recommendations included ratification of the International Covenant on Civil and Political Rights and its (first) Optional Protocol, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocol. AI also recommended amending the 1974 Decree Law on State Security Measures to ensure that it conforms with international human rights standards, as well as other practical measures for the promotion and protection of human rights.