The case of Mr. Abdulhadi Al-Khawaja, a Danish-Bahrani human rights defender, was included in the 2011, 2012, 2021 and 2022 reports of the Secretary-General5 on allegations of arbitrary arrest, torture and lengthy sentence following his engagement with United Nations human rights mechanisms. Mr. Al-Khawaja is the former Protection Coordinator of Frontline Defenders as well as former President of the Bahrain Centre for Human Rights. He is currently serving a life sentence on terrorism related charges. In 2012, the Working Group on Arbitrary Detention found the detention of Mr. Al-Khawaja arbitrary on the basis that his deprivation of liberty was the result of the exercise of his fundamental freedoms and human rights as well as due to the non-observance of the international norms relating to the right to a fair trial.6 United Nations treaty bodies7 and special procedures mandate holders have addressed Mr. Al-Khawaja’s situation on numerous occasions,8 to which the Government has responded.9 7. On 17 February 2023, special procedures mandate holders addressed allegations of ill-treatment, additional criminal charges, and deteriorating health conditions of Mr. Al- Khawaja (BHR 1/2023). On 17 April 2023, the Government responded 10 providing information on Mr. Al-Khawaja’s health conditions and rejecting allegations of restrictions of communications and ill-treatment. On 7 November, during the 41st session of the Working Group on the Universal Periodic Review, a Member State made a recommendation to release all arbitrarily detained persons in Bahrain, including Mr. Al-Khawaja (A/HRC/52/4, para. 194.24), and the Government took note of it (A/HRC/52/4/Add.1, para. 37). On 3 April 2023, the Special Rapporteur on the situation of human rights defenders expressed concerns publicly at reports of the worsening health condition of Mr. Al-Khawaja and called on the Government to provide urgent medical care and immediately release him.11 8. The case of Mr. Abduljalil Al-Singace was included in the 2011, 2012, 2021 and 2022 reports of the Secretary-General12 on allegations of arbitrary arrest, torture and the imposition of a life-imprisonment sentence following his engagement with several United Nations bodies and mechanisms. Mr. Al-Singace was the Director of the Human Rights Bureau of the Haq Movement for Civil Liberties and Democracy and is currently serving a life sentence on terrorism related charges. Mr. Al-Singace has a disability and requires the use of a wheelchair. United Nations treaty bodies13 and special procedures mandate holders have addressed Mr. Al-Singace’s situation on numerous occasions, 14 to which the A/HRC/18/19, paras. 15–24;A/HRC/21/18, paras. 53–54; A/HRC/48/28 Annex II paras. 7–8; A/HRC/51/47, Annex II paras. 5 and 9 and 14. A/HRC/WGAD/2012/6. E/C.12/BHR/CO/1, paras. 8–9. BHR 3/2012; BHR 18/2011; 17/2011; 9/2011; 5/2011; 4/2011; 2/2009; 2/2007; 6/2005; see also: https://www.ohchr.org/en/press-releases/2021/06/bahrain-un-expert-alarmed-prolonged-detention-human-rights-defenders. See government reply at: https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=30542; https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=30543; https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=30544; https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=30545; https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=30187. See government reply at: https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=37486. https://twitter.com/UNHumanRights/status/1642931311978463244. A/HRC/18/19, paras. 15–24; A/HRC/21/18, paras. 53–54; A/HRC/48/28, Annex II paras. 7–8; A/HRC/48/28, Annex II paras. 7–8; A/HRC/51/47, Annex II paras. 6–9. E/C.12/BHR/CO/1 paras. 8–9. BHR 5/2021, BHR 4/2021, BHR 1/2019, BHR 5/2016, 18/2011, 4/2011, 7/2010, and 5/2010; see also: https://www.ohchr.org/en/press-releases/2021/06/bahrain-un-expert-alarmed-prolonged-detention-human-rights-defenders. 44 GE.23-15378 5 6 7 8 9 10 11 12 13 14 Government has responded.15 According to information received by OHCHR, Mr. Al- Singace is currently held in the Ebrahim Khalil Kanoo Medical Centre and in solitary confinement since July 2021. In March/April 2023, the Working Group on Arbitrary Detention deemed his detention arbitrary (Opinion 2/2023). As of 30 April 2023, Mr. Al- Singace reportedly continues the hunger strike he had started in July 2021 to protest against the degrading treatment he had allegedly been subjected to in Jau prison and the confiscation of his manuscript. 9. The cases of human rights defender Mr. Sayed Ahmed Al- Wadaei and several of his relatives were included in the 2019, 2020 and 2022 reports of the Secretary-General16 on allegations of arbitrary arrest, ill-treatment, removal of citizenship and reprisals against family members for Mr. Al-Wadaei’s continuous engagement with the United Nations. In 2018, the Working Group on Arbitrary Detention17 found the detention of Mr. Al-Wadaei’s relatives to be arbitrary, based on their family ties and in reprisal for Mr. Al-Wadaei’s cooperation with the United Nations. Since 2012, Mr. Al-Wadaei is residing in exile. In July 2021, digital forensic evidence from an investigation reportedly confirmed that Mr. Al- Wadaedi was amongst a group of human rights defenders targeted and successfully hacked with the NSO Group’s Pegasus spyware on their mobile phones during the period from 2017 to 2019. 10. In its July 2022 report, the Working Group noted with concern that it continued to receive information about reprisals against individuals who have been the subject of an urgent appeal or an opinion or whose cases have prompted a recommendation of the Working Group (A/HRC/51/29). The Working Group noted allegations of reprisals against Mr. Sayed Nazar Naama Baqqer Ali Yusuf Alwadaei, the brother-in-law of Mr. Al-Wadaedi, who reportedly remains imprisoned in Jau Prison serving an 11-year sentence in reprisals for the activism of his brother-in-law, Mr. Sayed Ahmed Al-Wadaei (para. 29). 11. Mr. Hassan Mushaima, the former Secretary of the Haq Movement for Liberty and Democracy, who was convicted and sentenced to life on terrorism charges, was included in the 2011, 2012 and 2021 reports of the Secretary-General18 following his engagement with the United Nations human rights mechanisms. Special procedures mandate holders addressed his situation on multiple occasions,19 to which the Government replied.20 According to information received by OHCHR, on 22 November 2022, four members of Mr. Mushaima’s family were arrested after a sit-in protest outside the Kanoo Medical centre requesting urgent medical treatment for his medical conditions. 12. On 17 July 2023, the Government responded to the note verbale sent in connection to the present report and stated that in Bahrain no one is arrested because of peaceful political activity or affiliations. 13. Concerning the situation of Messrs. Al-Khawaja, Al-Singace and Mushaima, the Government noted that the three are being tried in cases involving calling for the overthrow of the political system in the country and changing it by force, committing hostile terrorist crimes, and communicating with foreign countries in attempts to undermine security and stability in the Kingdom. It stated further that Mr. Al-Khawaja’s health condition is being 15 https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=34960; https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=2110; https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=36840. 16 A/HRC/51/47 Annex II paras. 10 and 15; A/HRC/45/36, Annex II paras. 1–4; A/HRC/42/30, Annex II, paras. 3–6; A/HRC/39/41, Annex I para. 5. 17 A/HRC/WGAD/2018/51, paras. 85, 93 and 96. 18 A/HRC/48/28, Annex II paras. 5–6; A/HRC/21/18, paras. 53–54; A/HRC/18/19, paras. 15–24. 19 BHR 1/2019; BHR 5/2014; BHR 4/2012; BHR 17/2011; BHR 4/2011; BHR 3/2011; BHR 2/2007. 20 https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=30648; https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=30287; https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=30187; https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=30864; https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=32017; https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=34961; https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=34960. A/HRC/54/61 GE.23-15378 45 A/HRC/54/61 monitored at the medical clinic of the correction and rehabilitation centre, and that he is receiving medical treatment for his chronic diseases and is also followed-up in specialized clinics in outside hospitals. With regard to Mr. Al-Singace and Mr. Mushaima, the Government noted that they are both under the supervision of a general medical practitioner at the Ibrahim Khalil Kanu Medical Centre. The Government added that Mr. Al-Singage continues to voluntarily reduce the amount of fluid and food he takes and that Mr. Mushaima was treated for two medical conditions that required specialized treatment and one of them hospitalization. The Government explained further that Mr. Mushaima had been transferred back to the Ibrahim Khalil Kanu Centre on 20 May 2022. 14. Concerning the case of Mr. Sayed Ahmed Al-Wadaei the Government clarified that the charges against him had been confirmed and that he had committed criminal acts. With regard to his brother-in-law, Mr. Sayed Nazar Naama Baqqer Ali Yusuf Al-Wadaei, the Government noted that he was awaiting the appeal verdict over his sentencing to seven and three years in prison for his alleged involvement in 2017 in an attack against law enforcement patrols. The Government noted further that Mr. Sayed Nazar Naama Baqqer Ali Yusuf Al- Wadaei had confessed under interrogation to the charges of carrying and planting an object made to resemble explosives for terrorist purpose.
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