Said Yousif Al-Muhafdha was summoned on 5th November to testify on torture and ill-treatment complaints, and summoned again on the 7th of November
The Bahrain Center for Human Rights expresses its concern over the exploitation of the Special Investigation Unit as a tool against human rights activists and defenders. The Public Prosecution’s Special Investigation Unit [1] has summoned the acting Vice-President of the BCHR to interrogate him regarding the cases of torture and ill-treatment cases that he posted on his twitter account. Al-Muhafdha received a summon to be present on the 22nd of October 2013; because he was abroad at the time, it was rescheduled to the 5th November 201 [2].
Similarly, Sayed Hadi Al-Musawi, head of freedoms and human rights unit in Al-Wefaq Islamic Society, was summoned by the Office of the Public Prosecutor at the same time. He attended the session on the 22nd of October and acknowledged that the unit received numerous testimonies from individuals subjected to torture and ill-treatment. However, Al-Musawi stated that he would not disclose the names until after he meets with the victims and obtains their consent to submit their complaints to the Special Investigation Unit.
The Special Investigations Unit was established on February 28, 2012 after an order from Attorney-General Ali Al-Buainain to establish a specialized unit at the Public Prosecution for the investigation of torture crimes, abuse and ill-treatment that may have been committed by government officials. However, this department lacks independence from the Office of the Public Prosecution, which is responsible for many violations. The BCHR published a report last month about the unit’s failure to make any improvement in the human rights situation. [3]
In regards to his summon, that he decided to boycott the interrogation session because he does not believe that it is a truly independent institution. He also views the unit as being involved in the abuses against detainees and abductees.
The BCHR believes that summoning the Acting Vice-President is an attempt to legitimize an institution that has shown a lack of seriousness in prosecuting human rights abusers, especially in light of the unit’s disregard of approximately seventy torture complaints, committed by know torturers, that were submitted by citizens and supported with evidence. However, no legal action was taken against them despite the fact that a year has passed since establishing the unit.
The BCHR stated in a report it published about the Special Investigation Unit’s work [4] that detainees and activists complained over the course of the year about the prosecution’s complicity with criminal investigation directorate in covering up torture and abusive practices. The detainees are often interrogated at dawn, without the presence of a lawyer, which places them under great pressure to confess to charges they did not commit. In some cases, the public prosecution refused to record detainees’ testimonies about the torture they were subjected to, and ignored torture marks on their bodies. Other detainees stated that they were beaten by the investigator in the office of the public prosecution in order to force them to confess [5]. Despite a large number of violations, some detainees refuse to file complaints against their torturers at the office of the public prosecution, either out of a fear of being subjected to further torture, or their lack of confidence in the justice and neutrality of the judicial system in Bahrain.
It is worth noting that Said Yousif Al-Muhafdha had previously filed a complaint to the Special Investigation Unit regarding being beaten by members of the security forces in August 2012. However, there were no real actions taken against those who ill-treated him, which confirmed that the unit is a superficial committee unable to hold perpetrators accountable. The BCHR therefore believes that it is not relevant to report violations to this unit, which has failed over the course of a year since its establishment to hold violators accountable. On the contrary some violators have been promoted to positions that enable them to practice more violations.
Additionally, the Bahraini government is still refusing to allow the UN Special Rapporteur on Torture to visit Bahrain. His visit was canceled without proposing a new date.
The Bahrain Center for Human Rights calls on the United States, the United Kingdom, the UN, and all other close allies and relevant international institutions to apply real pressure on the Government of Bahrain to:
- allow the United Nations Special Rapporteur on Torture to visit Bahrain and document the torture testimonies.
- stop supporting the authorities in Bahrain in suppressing freedoms and peaceful practices.
- hold accountable those responsible for the violations over the past years, no matter how high their positions in government may be.
- compensate the victims of violations, to an extent which befits the extent of their suffering.
- stop establishing show institutions aiming to polish the authorities image in the media while violations continue without accountability in practice.
- instigate a serious and impartial investigation into claims of torture made by detainees, especially in political cases and the cases of prisoners of conscience.
- put an end to targeting activist and harassing civil societies organizations, especially human rights organizations
- allow human rights organizations to work freely based on the international covenants and conventions ratified by Bahrain.