The Observatory for the Protection of Human Rights Defenders: Urgent Appeal

Acts of physical and psychological torture perpetrated against Messrs. Abduljalil Al-Sengais and Abdulghani Ali Issa Al-Khanjar while in detention

1 September 2010

The Observatory has been informed by the Bahrain Centre for Human Rights (BCHR) about the acts of physical and psychological torture perpetrated against Messrs. Abduljalil Al-Sengais, Spokesperson and Director of the Human Rights Bureau of the Haq Movement for Civil Liberties and Democracy, and Abdulghani Ali Issa Al-Khanjar, Spokesperson of the National Committee for Martyrs and Victims of Torture (NCMVT), while in detention.

Acts of physical and psychological torture perpetrated against Messrs. Abduljalil Al-Sengais and Abdulghani Ali Issa Al-Khanjar while in detention

1 September 2010

The Observatory has been informed by the Bahrain Centre for Human Rights (BCHR) about the acts of physical and psychological torture perpetrated against Messrs. Abduljalil Al-Sengais, Spokesperson and Director of the Human Rights Bureau of the Haq Movement for Civil Liberties and Democracy, and Abdulghani Ali Issa Al-Khanjar, Spokesperson of the National Committee for Martyrs and Victims of Torture (NCMVT), while in detention.

The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), has received new information and requests your urgent intervention in the following situation in Bahrain.

On August 27, 2010, Mr. Abduljalil Al-Sengais appeared before the Public Prosecutor [1]. On August 29, Mr. Abdulghani Ali Issa Al-Khanjar also appeared before the Public Prosecutor. On that occasion, they denounced the cruel, inhumane and degrading treatment they were subjected to during their detention.

The Public Prosecutor charged them with “forming an illegal organisation with the objective of overthrowing the government and dissolving the constitution”, “forming an illegal organisation with the intention of overthrowing the basic system of the country”, “participating in the forming and organising and inciting to overthrow and change the political system of the country”, “forming an organisation that deals with collecting funds in an illegal manner”, “inciting and planning terrorist acts”, “inciting hatred and contempt against the regime”, “agreeing to and inciting others to damage public property and committing terrorist acts”, “spreading false information”, “inciting others in public methods to not abide by the laws”, “inciting hatred against a certain sect”, “inciting acts of burning, resisting authorities and demonstrating”, “contacting and working with international organisations”, and “receiving funds from international parties”.

The Public Prosecutor then extended their detention to an additional period of two months, but no information could be obtained regarding their place of detention as of issuing this urgent appeal.

Mr. Abduljalil Al-Sengais, who suffers from complete paralysis in one leg and partial paralysis in the other due to poliomyelitis, told the Public Prosecutor that he was held handcuffed and blindfolded in solitary confinement for more than two weeks. His wheelchair and crutches were confiscated, and he was forced to keep standing on his partially paralysed leg for two consecutive days. He was also prevented from sleeping by loud sounds played whenever he was about to fall asleep. Mr. Al-Sengais further reported that he was repeatedly beaten on his fingers with a rigid object and slapped on both ears. His nipples and earlobes were pulled with tongs and he was beaten in the back during the interrogation period in order to force him to sign papers of unknown content. The perpetrators moreover threatened to rape him as well as his female relatives. Mr. Al-Sengais almost lost his hearing ability and suffers from sever injuries in his back and other parts of his body.

On August 26, 2010, Mr. Abdulghani Ali Issa Al-Khanjar, together with other detainees, was reportedly transferred in a police ambulance from the Ministry of Interior’s Police Fort Clinic in Manama to an unknown destination, suspected to be the military hospital in Riffa. His whereabouts remained unknown until he appeared before the Public Prosecutor on August 29, 2010, and denounced the acts of torture he suffered while in detention. Mr. Al-Khanjar was forced to stand for two days, severely beaten and prevented from sleeping during five days.

On August 28, 2010, the Public Prosecutor ordered a ban on any publications related to the case of Mr. Abduljalil Al-Sengais and the other detainees as well as on torture allegations.

Furthermore, Mr. Jaffar Al-Hessabi, a Bahraini, human right activist involved in the fight against torture who has been living in the United Kingdom (UK) for 15 years and Mr. Mohammed Saeed, a board member of BCHR, who were respectively arrested on August 16 and 17, 2010, also remain detained incommunicado to date (see background information and Urgent Appeal BHR 004 / 0810 / OBS 101).

The Observatory calls for the immediate and unconditional release of Messrs. Abduljalil Al-Sengais, Abdulghani Ali Issa Al-Khanjar, Jaffar Al-Hessabi and Mohammed Saeed.

In addition, the Observatory strongly condemns the cruel, inhumane and degrading treatment that Messrs. Abduljalil Al-Sengais and Abdulghani Ali Issa Al-Khanjar were reportedly subjected to, which seems to only aim at sanctioning their human rights activities, and fears for their physical and psychological integrity. Therefore, the Observatory calls upon the Bahraini authorities to take prompt action in order to immediately and unconditionally release them, and to order an immediate, thorough and impartial investigation into the above-mentioned facts, in order to identify all those responsible, bring them before a competent and impartial tribunal and apply to them the penal sanctions provided by the law.

More generally, the Observatory urges the Bahraini authorities to ensure the ability of all human rights defenders and organisations in Bahrain to carry out their work without hindrances in accordance with the Bahraini legislation.

The Observatory also calls upon European Union (EU) embassies in Bahrain to attend all upcoming hearings in the above-mentioned cases, as well as to visit human rights defenders in jail, in line with the EU Guidelines on Human Rights Defenders.

Background information:

On August 13, 2010, early in the morning, Mr. Abduljalil Al-Sengais was detained at Bahrain International Airport while he was returning from the UK with his family. On August 5, 2010, he had participated in a seminar on the situation of human rights in Bahrain at the House of Lords and had addressed the resurgence of torture, the increase of discrimination, the decline of public liberties and the deterioration of the environmental situation in the country. Mr. Al-Sengais had also visited several international human rights organisations during his stay in the UK.

On the same day, at around 5.30 pm, the Special Forces violently dispersed with tear-gas, sound bombs and rubber bullets a peaceful gathering set up in solidarity in front of Mr. Al-Sengais’ house, inflecting several injuries among the demonstrators.

At around 3 am on August 15, 2010, Mr. Abdulghani Ali Issa Al-Khanjar, was arrested at his home by the Security Forces. His computer and mobile phones was also confiscated.

Messrs. Abduljalil Al-Sengais, Abdulghani Ali Issa Al-Khanjar are accused of “forming an organised network aiming at weakening the security and the stability of the country” under the Anti-Terrorism Law and the Criminal Code. According to Government representatives, this network would be involved in “illegal practices and other acts that would harm the stability of the Kingdom of Bahrain and its civil peace”, and would have been calling for “violence and terrorist acts”. The Public Prosecutor’s Office reportedly issued a warrant to search Mr. Al-Sengais’ house and belongings and, as of issuing this Urgent Appeal investigations would be ongoing to “uncover the remaining members of the network”.

On August 16, at 11:30 pm, Mr. Jaffar Al-Hessabi was arrested at Bahrain International Airport, and on August 17 at 3 am, Mr. Mohammed Saeed was arrested at his home.

Sheikh Mohammed Al-Moqdad and Sheikh Saeed Al-Nori, together with Sheikh Mirza Al-Mahroos and Sheikh Abdulhadi Al-Mukhuder, also religious and political activists involved in peaceful protest actions for the release of political prisoners, have been arrested between August 15 and 17.

Actions requested:

The Observatory urges the authorities of Bahrain to:

i. Guarantee in all circumstances the physical and psychological integrity of Messrs. Abduljalil Al-Sengais, Abdulghani Ali Issa Al-Khanjar, Jaffar Al-Hessabi and Mohammed Saeed, as well as of all human rights defenders in Bahrain;

ii. Carry out an immediate, thorough, independent and impartial investigation into the above-mentioned allegations of torture and ill-treatment, the result of which must be made public, in order to bring all those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;

iii. Take prompt action in order to disclose the whereabouts of Messrs. Abduljalil Al- Sengais, Abdulghani Ali Issa Al-Khanjar, Jaffar Al-Hessabi and Mohammed Saeed and ensure their immediate and unconditionally release since their detention is arbitrary as it only aims at sanctioning their human rights activities;

iv. Put an end to any acts of harassment, including at the judicial level, against Messrs. Abduljalil Al-Sengais, Abdulghani Ali Issa Al-Khanjar, Jaffar Al-Hessabi and Mohammed Saeed, and against all human rights defenders in Bahrain;

v. Conform in any circumstances with the provisions of the Declaration on Human Rights Defenders, adopted on December 9, 1998 by the United Nations General Assembly, in particular its Article 1, which states that “everyone has the right, individually or in association with others, to promote the protection and realization of human rights and fundamental freedoms at the national and international levels”, and its Article 12.2 which provides that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”;

vi. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Bahrain.

Addresses:

· Cheikh Hamad bin Issa AL KHALIFA , King of Bahrain, Fax: +973 176 64 587
· Cheikh Khaled Bin Ahmad AL KHALIFA, Minister of Foreign Affairs, Tel: +973 172 27 555; Fax : +973 172 12 6032
· Cheikh Khalid bin Ali AL KHALIFA, Minister of Justice and Islamic Affairs, Tel: +973 175 31 333; Fax: +973 175 31 284
· Permanent Mission of Bahrain to the United Nations in Geneva, 1 chemin Jacques-Attenville, 1218 Grand-Saconnex, CP 39, 1292 Chambésy, Switzerland. Fax: + 41 22 758 96 50. Email: info@bahrain-mission.ch

Please also write to diplomatic representations of Bahrain in your respective countries.

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Footnotes

[1] Article 27 and 28 of the Law n°58 on “Protecting the Society from Terrorist Acts” promulgated in August 2006 provides extended detention without judicial review, without charge, and based on secret evidence, for up to 15 days following an arrest.