“Terrorism Network” Detainees’ Complaints about Torture to the Court in the presence of International Observers Fires Back as National Security Reiterates Torture.
Trial Details and Surrounding Conditions
Detainees’ Injury Details Direct after First Hearing
4th November 2010
The Bahrain Center for Human Rights expresses it concern regarding the continuation of torture and ill-treatment received by the detainees from the National Security Apparatus in what is called the “Terrorism Network” case. This comes as a response by the National Security against the detainees due to their complaints of torture[1] to the court during the hearing held on the 28th of October. According to the detainees, the torture started since their arrest approximately three months ago, and it is used for coerced confessions for charges they did not commit.
Continuation of Torture and Disregard of Court’s Rulings
Some of the detainees’ families[2] have informed the Center that they were able to meet with the detainees after the hearing, and that they had been subjected to severe torture again immediately after their testimonies to the judge during the first hearing.
“Terrorism Network” Detainees’ Complaints about Torture to the Court in the presence of International Observers Fires Back as National Security Reiterates Torture.
Trial Details and Surrounding Conditions
Detainees’ Injury Details Direct after First Hearing
4th November 2010
The Bahrain Center for Human Rights expresses it concern regarding the continuation of torture and ill-treatment received by the detainees from the National Security Apparatus in what is called the “Terrorism Network” case. This comes as a response by the National Security against the detainees due to their complaints of torture[1] to the court during the hearing held on the 28th of October. According to the detainees, the torture started since their arrest approximately three months ago, and it is used for coerced confessions for charges they did not commit.
Continuation of Torture and Disregard of Court’s Rulings
Some of the detainees’ families[2] have informed the Center that they were able to meet with the detainees after the hearing, and that they had been subjected to severe torture again immediately after their testimonies to the judge during the first hearing. Some of the families were not allowed to see the detainees for this week in an attempt by the National Security Apparatus to hide the suspected injuries sustained from torture.
Detainee (..1..) [3] was subjected to severe beatings on his ears and legs, as well as hung in the Falaqa way. The severity of the beatings caused swelling in his feet which made it difficult for him to keep his shoes on. It was obvious that he had pain in his legs and knees during the visit due to torture, and marks of handcuffs around his wrists were apparent despite his long sleeves. He continuously sat with his arms folded across his chest as if ordered to, and was being watched, in an attempt to hide the marks on his wrist.
Detainee (..2..) was sexually abused as a plastic rod was forced into his anus according to statements made by his family to the Center. He was also beaten severely on his ears, and the pain was obvious as he kept touching and holding his ears for the length of the visit. He was not able to sit properly due to the sexual assault, and it was difficult for him to stand. He kept massaging his knees the whole time due to the sharp pains he had due to suspicions of beatings on his feet and being hung for long periods in the falaqa way. His children were not allowed in the visitation room this time and were kept outside.
Detainee (..3..) had clear marks of beatings on his face as it was discolored, as well as on parts of his hands. There were also apparent marks of handcuffs on his wrist caused by long periods of hanging, which looked like had been taken off him right before the visit. The family of detainee (..4..) was forced to leave after less than five minutes because the security forces saw the detainee attempting to reveal torture marks on his chest to his family. The family of detainee (..5..) was forced to leave after only a minute because they randomly asked the detainee why he had not been moved to another prison as ordered by the judge in the first hearing.
Detainee (..6..) asked his children not to hug him because he had severe pain in his back which was visible on his face. He also kept putting pressure on his knees which is usually caused by pain from being hung for a long time in the falaqa way. He still had difficulty in hearing in his left ear due to his ear drum being torn as a result of continuous beating on his ears.
The signs of torture and beatings on the soles of the feet were apparent on all the detainees’ feet as most of them could not walk normally. The marks of the handcuffs on their wrists were also very visible due to long periods of hanging, and they continuously put pressure on and massaged their knees which proves that they were subjected to long periods of hanging in the falaqa way. There were red marks on their faces and around the ears due to beating on the face and head.
The detainees looked very frightened and scared, especially from one of the National Security officers, who is suspected of being one of the torturers, and who is also always present during the short visits by the families which was allowed recently, as well as during the court hearing. The families witnessed the detainees get threatened “with beatings if they ever dare to speak of torture again”. All the security officers were wearing black sunglasses during the length of the visit, which was not usual, in an attempt to raise the level of fear and to hide the faces of the officers.
The Center has received information that the detainees have been subjected to torture through electric shocks with use of an electric chair that targets the nerves. The detainee is forced to sit on the chair for a certain period of time than told to stand up directly after. The detainee then collapses as he is not able to. This is a new torture mechanism being used which does not leave marks on the body of the torture victim.
Judges Rulings Bear No Importance to Security Apparatus
Until the time of writing this report, and after more than a week since the first hearing at court, the rulings of the judge remain mere words on paper without implementation by the National Security Apparatus or the public prosecution. The detainees have not been moved to a prison which lies under the jurisdiction of the Ministry of Interior rather than being kept in detainment by the National Security, and they have not been removed from solitary confinement. The torture against the detainees has not stopped, but rather increased, and the lawyers have not been allowed to meet with the detainees, nor have five of the detainees been taken for an independent medical examination as ruled by the judge on the 28th of October. The families of the detainees noticed after the visitations that the detainees were piled on top of each other into a car from the Dry Docks prison. This makes it clear that the detainees are not being kept in the same prison were the visits were held, rather it is believed that they are being kept in an underground prison run by the National Security Apparatus. The Bahrain Center for Human Rights finds that the only explanation of why there is a continuation of disallowing the detainees from meeting with their lawyers is due to an attempt by the authorities to prevent the spread of news about the torture and mistreatment; especially since that is how the news of torture came out in the beginning when the lawyers were present at the public prosecution.
Second Change in Charges
It is important to note that the trial of the 23 detainees who comprise of human rights defenders and political and religious figures, as well as two defendants who are being tried in absentia, started on the 28th of October[4] at the Third Criminal Court. This court is specified for members of the political opposition and activists. Because the detainees are the main defendants in the case of the “terrorism network”, they faced charges that varied between things like “founding a group against the law with the objective of calling for the dismantling of the constitutional laws and rules (…), terrorism being one of the mechanisms”, illegal assembly, inciting hatred against the regime and broadcasting false information. On the other hand, the charge of “attempt to overthrow the government” was withdrawn from the charge sheet after it was broadcasted and campaigned for the length of the detainees’ arrest. This charge was broadcasted with pictures of the detainees as well as personal details on national television and in the local media and was aimed at defaming them. This withdrawal also comes after the public prosecutor stated that some of the detainees had confessed to the charges against them[5], the withdrawn charge being one of them. This again ratifies that the confession were coerced; confessions for charges the detainees had not committed, of which one was withdrawn. This is the second time that the public prosecution changes and amends the charge sheet, after withdrawing the charge of “contacting international organizations last September[6] due to the escalation of statements made by international human rights organizations as well as diplomatic and international bodies which criticized this charge which falls at the heart of a human rights defender’s work.
The Detainees’ Testimonies to the Court, in the Presence of International Observers
During the trial and with the presence of international observers from European and US embassies as well as Amnesty International, the 23 detainees gave detailed testimonies of the torture they had been subjected to since the beginning of their arrest in mid-August. They stated that they were being detained in solitary confinement, and gave descriptions of the torture mechanisms they had been subjected to such as being hung in the falaqa way, beatings, cursing, being made to stand for days, deprivation of sleep, disallowing fasting in Ramadhan and praying, disrespecting and cursing at religious sanctities as well as being threatened with the rape. Some of them confirmed being subjected to sexual assault and being stripped naked of their clothes for a number of consecutive days. The detainees revealed to the court that they had been threatened that they would get tortured again more severely should they speak of the torture in court. They also denied all allegations made against them, and stated that all confessions were coerced through torture. They appealed to the court to guarantee that they would not be tortured again. The lawyers raised a complaint about not having been allowed to meet with the detainees since their arrest except for the 30 minutes provided by the court at the beginning of the trial. The judge ordered that the detainees be moved to another prison, which has yet to be implemented.
Photo of Abduljalil Alsingace in prison displayed on Bahrain TV showing him without his glasses which he permanently use.
Disallowing families and Bahraini Representatives of Local and International Organizations from Attending the Hearing
Despite the broadcast by Bahraini authorities in the local media that the hearing would be open to the public, they forbid Bahraini representatives of local and international organizations from attending the hearing. Some of them were the representatives from the Bahrain Center for Human Rights and the Bahrain Youth Society for Human Rights, as well as the women rights activist Ghada Jamsheer and the representative for Human Rights Watch Nabeel Rajab. Only one member of each of the detainees’ families was allowed into the court. However, they did allow the representatives of Amnesty International and a few western embassies in Bahrain to attend.
Nabeel Rajab, displays a letter from the HRW which he represents outside the court as he was prevented from attending the trial
Trying the Detainees under the Internationally Criticized Terrorism Law
The trial of these human rights defenders, political activists and religious figures is being conducted under the internationally criticized terrorism law. This law was criticized by several international bodies, the most prominent being the Special Rapporteur for Protecting Human Rights while Countering Terrorism, Amnesty International, Committee of International Jurists and Human Rights Watch. The law was criticized for being too vague, allowing the government to use it against essential freedoms such as freedom of speech and the right to found societies.
Publication Ban and Disallowing Peaceful Demonstrating in Front of the Court
Photographers were not allowed into the court, and the few journalists who were allowed in were instructed not to broadcast any of the proceedings. The local gag order relating to this case is still in effect except for news that defames the detainees. The authorities did not allow a peaceful demonstration in front of the court by the families of the detainees and a few human rights defenders and activists. They forced a number of boys and men to leave, and forced surrounding restaurants and coffee shops to ask their customers to leave and to close temporarily.
Based on the provided information, the Bahrain Center for Human Rights appeals to all relevant bodies, including local and international organizations and societies to appeal to the Bahraini government and demand the following:
1. The immediate halt of the ongoing systematic torture carried out by the National Security Apparatus, to dissolve this apparatus, and to present those in charge to a public trial. Also, to compensate the victims of the violations committed by this apparatus, and to move all detainees to another prison out of the jurisdiction of this Apparatus.
2. To allow the detainees to contact and meet privately with their lawyers for a sufficient amount of time as dictated by law, which will also limit the continuation of torture.
3. The immediate release of all the detainees, especially the activists and human rights defenders who were arrested for reasons related to exercising their basic rights in freedom of speech, peaceful assembly and organizing; all which are guaranteed by international laws.
4. The immediate halt of the use of the terrorism law which allows arbitrary arrests, torture and unjust trials, and which was explicitly criticized by the United Nations and international human rights organizations.
5. The dissolving of the Third Criminal Court which was formed to take the place of the National Security Courts in specializing in cases related to political and human rights activists, and which goes against international standards of fair trials which require that a defendants right to be presented to a regular court be implemented.
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[1]“Terrorist network” first hearing – Trial Testimonies – 28th October, 2010
[2]Their names are with the BCHR
[3]BCHR is not disclosing the names of these detainees for their own safety from exposure to further torture but is willing to provide the Human Rights Organizations with these names.
[4]AlWasat News
[5]AlWasat News
[6]Bahrain:Continuous Violations, Changing Charges And Growing Restrictions On Freedoms