Bahrain's Abuses: Understanding The Kingdom's Human Rights Violations

Bahrain's abuses refer to the country's poor human rights record, which has been described as dismal by Human Rights Watch. The country has been accused of marginalising its native Shia Muslim population, with torture and forced disappearances being commonplace. The Bahraini government has also been criticised for its treatment of protesters, journalists, human rights defenders, opposition leaders, and prisoners.

The Bahraini government has been accused of arbitrarily detaining and harassing individuals for attending protests and demonstrations, expressing opinions in public or on social media, and calling for an end to the monarchy. The country has also been criticised for its treatment of prisoners, with reports of inhumane prison conditions, denial of medical care, and failure to hold officials accountable for torture and ill-treatment.

In addition, Bahrain has been accused of restricting freedom of expression, association, and peaceful assembly, with all independent media having been banned from operating in the country since 2017. The government has also dissolved all opposition groups and routinely denies access to international rights monitors and UN special procedures.

The Bahraini government has also been criticised for its discrimination against women and girls, with women facing discrimination in divorce, inheritance, and transmission of nationality. The country has also been accused of targeting sexual and gender minorities, with authorities using vague penal code provisions to target these groups.

Overall, Bahrain's abuses refer to a range of human rights violations and restrictions on civil liberties committed by the country's government.

The persecution of human rights defenders

Arbitrary Detention and Torture of Human Rights Defenders

UN expert Mary Lawlor, the Special Rapporteur on the situation of human rights defenders, has raised the alarm on the prolonged detention and deteriorating health of human rights defenders in Bahrain, including Abdulhadi Al-Khawaja, Abduljalil Al-Singace, and Naji Fateel. These individuals have been subjected to arbitrary detention, solitary confinement, denial of medical care, and forced confessions, with their health continuing to deteriorate in prison.

Other human rights defenders, such as Abbas al Omran and Ali Abdulemam, have been tried in absentia, sentenced to prison terms, and had their citizenship revoked by Bahraini authorities.

Systematic Repression and Criminalization of Human Rights Defenders

Bahrain has been criticized for its systematic repression of fundamental freedoms, including freedom of association, assembly, and expression. Human rights defenders and even their family members have been subjected to ill-treatment, arbitrary detention, torture, judicial harassment, unfair trials, travel bans, and surveillance.

The government has utilized vague provisions in the Penal Code, such as Article 176, which criminalizes "insulting the state," and a broad definition of terrorism in the Anti-Terrorism Law to prosecute peaceful protesters, political dissidents, and human rights activists.

Denial of Adequate Medical Treatment and Violation of Religious Rights

In addition to the denial of adequate medical treatment, human rights defenders in detention have faced restrictions on their right to practice their religion, with authorities limiting access to religious materials and impeding their ability to perform religious rites.

International Condemnation and Calls for Action

International bodies, including the United Nations, Amnesty International, and Human Rights Watch, have condemned Bahrain's treatment of human rights defenders and called for their immediate release, urging the Bahraini authorities to respect international human rights norms and standards.

Impact on Civic Space and Chilling Effect

The criminalization and persecution of human rights defenders have had a detrimental impact on their lives and families, creating a chilling effect on civic space and free expression in the country.

The mistreatment of prisoners

Bahrain's human rights record has been described as "dismal" by Human Rights Watch, with the rights group stating that the Gulf nation has failed to address the issue of torture and ill-treatment of prisoners.

Torture and ill-treatment

Torture and other forms of ill-treatment are routinely used by Bahraini authorities, with a particular focus on political prisoners and human rights defenders. Common methods include beatings, pepper-spraying, and the denial of medical treatment. In one instance, a prisoner was pepper-sprayed and beaten for demanding to meet with a higher-ranking officer to discuss the demands of hunger strikers.

Denial of medical treatment

Bahrain has been accused of denying prisoners access to adequate medical care, even in cases where individuals are suffering from serious health issues. This includes the prominent human rights defender Abdulhadi al-Khawaja, who was denied treatment for suspected glaucoma, as well as cardiac problems.

Unfair trials and arbitrary detention

Bahrain's judicial system has been criticized for its lack of independence, with executive authorities exerting control over the judiciary and courts often failing to enforce the right to a fair trial. Arbitrary arrests and detentions are common, with individuals being detained for their participation in protests or for expressing their opinions on social media.

Restrictions on freedom of expression and assembly

Bahrain imposes strict restrictions on freedom of expression and assembly, with individuals facing arrest and prosecution for criticizing the government or monarchy. The government has also dissolved opposition groups and banned former members from running for office or participating in civil society organizations.

Citizenship revocations

Bahraini authorities have revoked the citizenship of hundreds of individuals, rendering many of them stateless. This practice has been used as a form of punishment for political dissidents and human rights activists.

The targeting of Shia Muslims

Shia Muslims in Bahrain have faced a series of abuses since the 2011 Arab Spring, with the Shia majority population protesting against the ruling Sunni Al Khalifa family. The Shia community in Bahrain has been marginalised and subjected to torture, forced disappearances, and destruction of their mosques.

The Bahraini government has been accused of "political apartheid" and "sectarian apartheid" by targeting the Shia community with discriminatory policies and violence. Shia Muslims are barred from holding key government, police, and military posts, and there is a systematic effort to diminish the Shia majority by promoting Sunni Muslim immigration and granting them citizenship.

Shia Muslims in Bahrain have been denied basic rights and freedoms, including freedom of expression, association, and peaceful assembly. The government has used broad definitions of terrorism to detain protesters and convict opposition leaders, with Shia activists and clerics facing arbitrary arrests, threats, and violence. The Shia community also faces restrictions during religious holidays, such as Ramadan, and has been denied access to religious sites and ceremonies.

The Bahraini government has revoked the citizenship of hundreds of Shia Muslims, rendering them stateless, and has failed to hold officials accountable for human rights abuses, despite commitments to implement recommendations from the Bahrain Independent Commission of Inquiry (BICI). The targeting of Shia Muslims in Bahrain has led to international condemnation and calls for the release of political prisoners and human rights defenders.

The suppression of free speech and assembly

At the core of Bahrain's assault on democratic processes is the 2018 political isolation law, a legal mechanism employed to stifle political opposition and curtail the activities of civil society. This legislation not only bars former members of political opposition parties from participating in parliamentary elections but extends its reach to prevent their involvement in the boards of civil organizations. This strategy, coupled with economic restrictions, including delays in obtaining "Good Conduct Certificates," severely limits opportunities for former opposition members and ex-prisoners.

The impact of the political isolation laws extends to civil society organizations, hindering their ability to function effectively. Associations, including prominent ones like the Bahrain Human Rights Society and the Bahrain Women's Union, struggle to form boards due to the stringent approval process influenced by political isolation laws. Delays in board formation lead to severe consequences, such as the suspension of access to bank accounts and funding sources. There are fears that this could result in the infiltration of government loyalists into these organizations.

Bahrain's repressive measures also extend to a ban on independent media since 2017. The human rights situation is alarming, with twenty-six individuals on death row after unfair trials, six sentenced to death since 2017. Authorities consistently target rights defenders, journalists, and opposition leaders, often focusing on their social media activity. Bahrain further perpetuates a hostile environment by denying access to independent rights monitors and the UN special rapporteur on torture, undermining basic human rights and stifling dissent.

The government's repressive tactics were evident during the 2018 parliamentary elections when at least 12 former opposition figures were barred from running, and others boycotted the elections, leading to increased scrutiny by security agencies. The government's application of political isolation laws, coupled with ongoing arrests and interrogations of citizens exercising their freedom of expression and association, paints a bleak picture of the prospects of free and fair elections.

Despite Bahrain's constitutional guarantees of fundamental rights, including freedom of expression and association, the reality is far from democratic. The judicial system's lack of independence and the broad failure to uphold these rights highlight the gap between constitutional protections and their implementation. International allies, including the US, the UK, and other European states, are urged to exert pressure on Bahrain to cease its repression of peaceful opposition and civil society. The need for the repeal of the 2018 political isolation laws, the end of discriminatory practices, and the restoration of full political and civil rights is crucial to fostering a truly democratic Bahrain.

The use of torture

Torture in Bahrain refers to the violation of the country's obligations as a state party to the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. It also refers to the disregard for the prohibition of torture enshrined in Bahraini law. Torture was a routine practice in Bahrain between 1975 and 1999, during the period when the State Security Act 1974 was in force.

Immunity for Past Violations

In 2001, Hamad bin Isa Al Khalifa pardoned all those involved in the political violence of the 1990s, freeing hundreds of prisoners. The following year, Royal Decree 56 established that amnesty was also granted to all state security officers who may have committed human rights abuses prior to 2001. However, the United Nations Committee Against Torture expressed concern over the failure to investigate allegations and a pattern of impunity for torturers, specifically referring to the Decree 56 amnesty.

The State Security Act Era

Torture was particularly endemic in Bahrain between 1974 and 1999, when the State Security Act 1974 was in force. The Act contained measures permitting the government to arrest and imprison individuals without trial for up to three years for crimes relating to state security. The establishment of State Security Courts added to the conditions conducive to the practice of torture.

Torture Techniques

Torture techniques included:

• Falaqa (beatings on the soles of the feet)
• Severe beatings, sometimes with hose-pipes
• Suspension of the limbs in contorted positions accompanied by blows to the body
• Enforced prolonged standing
• Sleep deprivation
• Preventing victims from relieving themselves
• Immersion in water to the point of near drowning
• Burnings with cigarettes
• Piercing the skin with a drill
• Sexual assault, including the insertion of objects into the penis or anus
• Threats of execution or of harm to family members
• Placing detainees suffering from sickle cell anaemia in air-conditioned rooms in the winter, which can lead to injury to internal organs

Revival of the Use of Torture after 2007

A Human Rights Watch report concluded that although serious and systemic reports of torture and other ill-treatment in detention in Bahrain became rare after 1999, reports of the use of torture and ill-treatment increased again after 2007, coinciding with rising political tension and street demonstrations against discrimination against members of the majority Shi'a community.

Torture During the Bahraini Uprising

Torture during the Bahraini uprising has been described in many human rights reports as being widespread and systematic. 64% of detainees (1,866 individuals) reported being tortured. At least five individuals died as a result. During the uprising, detainees were interrogated by three government agencies: the Ministry of Interior, the National Security Agency, and the Bahrain Defence Force. According to the Bahrain Independent Commission of Inquiry (BICI) report, physical and psychological abuse was inflicted by the National Security Agency and the Ministry of Interior on a systematic basis and in many cases amounted to torture.

Lack of Impartial Instrument for Investigation

Although the ill-treatment of detainees has been continuously reported, there have been almost no proper prosecutions of senior officers who have been accused of overseeing or administering torture. Since 2012, Bahrain has formed three instruments to investigate cases of torture and mistreatment as recommended by the BICI report. However, they have failed to conduct independent and impartial investigations, especially when they are overseen and controlled by the Bahraini authorities, namely the Ministry of Interior and the General Prosecutor. Furthermore, since 2012, there have been no appropriate convictions in alleged cases of torture.

Torture to Extract False Confessions

The Bahraini security apparatus has continued to use torture on detainees to extract false confessions. All prisoners who are sentenced to death have complained of the same or similar conducts and processes of torture. The typical practices endured by inmates include blindfolding, long periods of forced standing, severe beatings, electrocution, insults and humiliation, and sleep deprivation.

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