Bahrain 2013 Human Rights Report
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BAHRAIN 2013 HUMAN RIGHTS REPORT EXECUTIVE SUMMARY Bahrain is a constitutional monarchy. King Hamad Bin Isa al-Khalifa, the head of state, appoints the cabinet consisting of 29 ministers; 13 of those ministers, excluding the deputy prime ministers, are members of the Sunni al-Khalifa ruling family. The parliament consists of an appointed upper house, the Shura (Consultative) Council, and an elected Council of Representatives. Approximately 17 percent of eligible voters participated in parliamentary by-elections for 18 seats vacated by the political opposition societies in September 2011. Independent human rights organizations did not consider the by-elections free and fair. In May 2012 the king ratified constitutional amendments broadening the powers of the elected chamber of parliament. Authorities maintained effective control over the security forces. Security forces committed human rights abuses. The most serious human rights problems included citizens’ inability to change their government peacefully; arrest and detention of protesters on vague charges, in some cases leading to their torture in detention; and lack of due process in trials of political and human rights activists, medical personnel, teachers, and students, with some trials resulting in harsh sentences. Other significant human rights problems included arbitrary deprivation of life; lack of consistent accountability for security officers accused of committing human rights violations; arrest of individuals on charges relating to freedom of expression; reported violations of privacy; and restrictions on civil liberties, including freedom of speech, press, assembly, association, and some religious practices. The government at times imposed and enforced travel bans on political activists in conjunction with arrest charges. The government maintained the revocation of citizenship for 31 individuals and issued a decree regulating communications between political societies and foreign entities, which had not been enforced by year’s end. Discrimination continued against the Shia population, as did discrimination on the basis of gender, religion, and nationality. There were reports of domestic violence against women and children. Trafficking in persons and restrictions on the rights of foreign workers continued to be significant problems. Beginning in 2011 the country experienced a sustained period of unrest including mass protests calling for political reform. In 2011, 52 persons died in incidents linked to the unrest, and hundreds more were injured or arrested. The government prosecuted and sentenced some police personnel implicated in abuses committed BAHRAIN 2 during the year and dating back to 2011; however, authorities had not completed legal proceedings against security personnel, and it was unclear if security personnel were held in jail. Authorities reported that accused police officers were held in a special jail, apart from other detainees. The government took some steps to address the “culture of impunity,” which the 2011 Bahrain Independent Commission of Inquiry (BICI) report identified, including establishing the Ministry of Interior’s Ombudsman’s Office and a Special Investigative Unit (SIU) in the Public Prosecutor’s Office, reconstructing mosques destroyed during the 2011 unrest, re-instating nearly all dismissed workers, and acquitting medical personnel accused of crimes during the 2011 unrest. Additionally, in February the king relaunched the National Dialogue, which served as a forum for the government, legislature, and political societies to discuss a political solution. Following the arrest of senior al-Wifaq leader Khalil Marzooq, the opposition societies announced on September 18 they were suspending their participation in the dialogue. They pledged to re-evaluate this temporary boycott based on conditions on the ground; the opposition had not returned to the dialogue by the end of the year. Section 1. Respect for the Integrity of the Person, Including Freedom from: a. Arbitrary or Unlawful Deprivation of Life There were a number of reports that government security forces committed arbitrary or unlawful killings. In 2012 the government established the SIU to investigate and refer cases of arbitrary or unlawful killings to courts. By December the government reported the SIU referred 39 cases with 95 defendants to courts, resulting in 15 acquittals, 13 convictions, and 11 pending cases. It was unclear if the courts enforced any of the sentences and if security officers were actually in prison following sentencing. Local human rights organizations linked dozens of deaths either directly or indirectly to security forces. Local umbrella human rights group Bahrain Human Rights Observatory reported two deaths from injuries due to beating or torture and two from birdshot, and it attributed six deaths to exposure to tear gas. The government also reported two civilians died in clashes with police. Human Rights Watch reported that at least 80 individuals had died in protests since 2011. In near nightly clashes in some communities, protesters used improvised explosive devices, Molotov cocktails, and other improvised weapons, resulting in the deaths of three police officers. On February 14, 16-year-old Hussain al-Jazeeri died after security forces fired at him with bird shot during an early morning protest. Later in February authorities Country Reports on Human Rights Practices for 2013 United States Department of State • Bureau of Democracy, Human Rights and Labor BAHRAIN 3 detained two police officers suspected of killing al-Jazeeri pending an investigation into his death. On March 4, the court extended their detention in custody for 20 days, and for 45 more days on April 9. On May 24, the court released the two officers from custody on a 500 dinars ($1,350) bail pending trial. The next hearing date was not announced by year’s end. Also injured on February 14, al-Jazeeri’s relative, Mahmood al-Jazeeri, died due to head injuries from a tear gas canister fired at close range during clashes in Daih. The director general of the Central Governorate Police Station announced that investigations showed Mahmood al- Jazeeri was injured and treated at an unknown location, 24 hours prior to his arrival at the hospital. The Ministry of Health announced that examinations and X-rays showed Mahmood suffered a head injury but that a specialized physician did not treat the injury with stitches. The ministry also announced Mahmood had a fracture in the left side of his skull that caused a cerebral hemorrhage. On November 24, the High Criminal Court of Appeals acquitted a police officer accused in the death of Salah Abbas Habib, who was found dead on a rooftop following a night of protests in April 2012. The Ministry of Interior announced Habib died under “suspicious circumstances” and launched an investigation. A local neurosurgeon not affiliated with the government conducted an independent autopsy of Habib and found injuries consistent with physical abuse, including a fractured skull, ribs, and clavicle, as well as dislocation of the cervical spine, internal bleeding, and birdshot injuries over much of the body. Local human rights groups reported five deaths between February and October caused by complications from tear gas exposure. On January 27 Nawaf Hamza, the head of the SIU in the Public Prosecutor’s Office, announced that a female citizen reported the death of her eight-year-old child. She claimed the child died from inhaling tear gas dispersed by security forces. The child was reportedly transferred to Salmaniya Medical Complex for treatment and died on January 26. The Public Prosecutor’s Office investigated and requested a medical examiner to determine the cause of death. Authorities stated the child was admitted to the hospital on January 19, following breathing problems due to severe pneumonia. The medical examiner stated in his medical report that there was no criminal cause of death. In September 2012 a court acquitted two security personnel, Bahraini police officer Ahmed al-Thawadi and Yemeni police officer Ahmed Areen, in the 2011 deaths of protesters Ali al-Mumin and Isa Abdulhasan. On February 24, the High Criminal Court of Appeals upheld the acquittals. Country Reports on Human Rights Practices for 2013 United States Department of State • Bureau of Democracy, Human Rights and Labor BAHRAIN 4 The government charged Ministry of Interior (MOI) riot police officer Hasan Abdulla Hasan Khairi in 2012 with “shooting without the intent to kill” in the 2011 death of protester Ali Abdulhadi al-Mushaima. On January 31, the High Criminal Court sentenced Khairi to seven years in prison for the crime. On October 21, the High Criminal Court of Appeals reduced Khairi’s sentence from seven to three years’ imprisonment. In 2012 the government charged MOI security personnel Mohammed Shar al- Hamza and Abdulhafedh Mana Ali Hamaysan with “killing without the intent to murder” in the 2011 death of protester Fadhel al-Matrook. On February 26, the High Criminal Court acquitted the two officers. On March 7, the SIU appealed the lower court’s decision. On May 26, the High Criminal Court of Appeals upheld the acquittal. In the case of Hani Abdulaziz Jumaa, who died in 2011 from gunshot injuries after being pursued by riot police, the public prosecutor initially charged Lieutenant Mohammed al-Khashram with manslaughter, which was increased to murder by the High Criminal Court. In September 2012 the High Criminal Court judges found al-Khashram guilty of “beating, leading to death,”