In November 2022, AlKhawaja informed his family that authorities are bringing four new charges against him for his protests against the harsh conditions which he and other political prisoners have been subjected to in Jau prison.
On 16 November, the Second Lower Criminal Court scheduled a hearing on the first of these new charges for an incident in November 2021 when authorities denied his right to call his daughters. However, the court postponed this hearing until 28 November on the grounds that Al-Khawaja needed to perform a power of attorney, something which he was going to do in-person during the hearing. A lieutenant attempted to pressure and threatened Al-Khawaja into recording a video stating that he was refusing to attend the hearing. Nevertheless, Al-Khawaja refused and repeatedly stated on camera his desire to attend the hearing. He was then transferred back to his cell.
The second charge against him is for insulting a public servant and criticizing a foreign state (Israel) in March 2022 when Al-Khawaja led a peaceful protest inside the prison. He was chanting his opposition to the normalization of relations between Bahrain and Israel, as well as insulting a public servant, who allegedly tortured one of his cellmates. The hearing for this charge was set for 21 November. Prior to the hearing, authorities denied him the every-other-day calls with his lawyer. This hearing was also postponed and while the judge stated that AlKhawaja refused to attend, has not presented any evidence to AlKhawaja’s attorney to support this claim. AlKhawaja has informed his daughter that he wanted to attend.
The third charge, by far the most serious, is a charge of incitement to overthrow or change the regime, and relates to an incident in July 2022 when AlKhawaja was scheduled to attend a medical appointment for treatment on his back. During this appointment, authorities insisted on shackling his feet and hands during transfer and putting him in a small bus with no ventilation, creating conditions like an oven. In response, AbdulHadi started protesting and chanting “Down with the Interior Minister ” holding him accountable for his mistreatment and torture.
The fourth and final charge relates to the protest against the ill-treatment of a fellow inmate and is expected in the coming days.
In addition to these charges and violations, AlKhawaja was already suffering the unceasing legal and bodily violations of prison authorities since his arrest 12 years ago. In addition to inhumane restrictions and property confiscation, authorities have systematically used medical negligence as a form of reprisal against AlKhawaja’s activism. He has been denied proper medical treatment which has significantly contributed to the deterioration of his health. He suffers from back pain and vision impairment which were exacerbated by the extreme torture he endured during interrogations by security officers, as well as magnesium deficiency and leg spasms. In response to this treatment, AlKhawaja has gone on multiple hunger strikes and protests with his fellow inmates against the dehumanizing and unjust treatment by authorities.
These charges clearly demonstrate how prison authorities are trying to silence all dissent against their systematic repression of pro-democracy Bahrainis. Many organizations and individuals have condemned these charges because they set a dangerous precedent.
Americans for Democracy and Human Rights in Bahrain (ADHRB) posted on 18 the following profile on Hasan Radhi AlBaqali who was a 28-year-old security personnel at a private company when he was arrested by Omani authorities on 22 February 2016 at Muscat Airport Oman based on Bahrain’s allegations, via INTERPOL, that he was a fugitive from justice. During his detention, he was subjected to torture and to several human rights violations. Recently, his health condition has been deteriorating, and he has not been provided with adequate medical care. He is currently held in Jau Prison.
At the end of 2012, Hasan left Bahrain into exile. While being in exile between 2012 and 2016, he was convicted in absentia with: 1) Disturbing the peace, 2) rioting, 3) placement of objects resembling explosive devices, 4) arson, 5) possession and fabrication of combustible or explosive materials, 6) possession of arms, 7) travelling to Iran to receive military training, and 8) membership in a terrorist cell. Consequently, he was sentenced in absentia to nearly 100 years in prison. It is believed that Hasan’s conviction was due to his peaceful participation in the 2011 pro-democracy protests in Bahrain.
On 22 February 2016, airport security officers at Muscat Airport Oman arrested Hasan based on Bahrain’s allegations, via INTERPOL, that he was a fugitive from justice. Then, he was turned over to Bahraini security forces, who put him aboard one of their private planes, drugged him via several injections which knocked him unconscious, and flew him back to Bahrain. His personal belongings including phone, money, passport, and national ID card were taken from him en route and have not since been returned to him or his family. After arriving in Bahrain, Hasan was transferred to the Criminal Investigations Directorate (CID) building in Adliya.
From the date of arrest till the next day, 23 February, Hasan was subject to enforced disappearance until 10 p.m. of 23 February when he was able to call his family, telling them that he was in the CID building. The family received this call after multiple attempts to reach him through the Omani Embassy and through several human rights organizations.
Hasan was interrogated for 15 days between the CID and Building 15 of Jau Prison, where he was tortured by National Security Agency (NSA) officers and CID officers in order to give a false confession. He was beaten on his head, neck, and stomach, subjected to electric shocks to his testicles, placed naked in a cold room and submerged in cold water, deprived from sleep, and threatened with his life and wife. As a result, he confessed to the charges attributed to him. During this period, Hasan’s lawyer was unable to attend the interrogations, and Hasan was unable to meet his parents. Instead, he was able to only call them four times during this entire period, where the duration of each call was less than one minute.
Hasan was prevented from attending his trial, and he was brought to court once but was forced to remain in the police vehicle outside under the pretext that there were not enough police officers present to guard him inside the courtroom. Consequently, he was convicted in November 2016 of attempting to kill a policeman, although he was outside Bahrain when this incident happened. Therefore, he was sentenced to an additional 7 years in prison. Hasan appealed his sentence, and on 2 February 2017, the Appeals Court reduced his sentence from seven years to five years. On 15 May 2018, in an unfair mass trial that involved 138 individuals, the Bahraini Fourth High Criminal Court convicted Hasan of: 1) training to the use of firearms and explosive devices for terrorist purposes, (2) possession of firearms without a license and using them for purposes contrary to safety and public order for terrorist aims, and (3) the charge of joining a terrorist group, Zulfiqar Brigades, whose purpose violates the provisions of the constitution. Consequently, he was sentenced to another 7 years in prison, in addition to the revocation of his nationality.
In November 2016, following the issuance of the seven-year sentence against him, Hasan was subjected to a second and more severe round of torture. He was beaten on his head, stomach, and waist, and he was repeatedly electroshocked on his testicles. This torture led to a severe deterioration in Hasan’s health. He suffered from loss of focus due to frequent head injuries, severe injury to his testicles as he began to urinate blood, and chronic abdominal pain.
At that point, the Office of the Public Prosecutor (PPO) ordered that he be examined at Salmaniya hospital. The decision may have been motivated by the fact that Hasan’s sister filed complaints with both the Office of the Ombudsman and the Special Investigations Unit. An examination at the hospital on 19 November 2016 found that he had suffered “testicular trauma,” with edematic swelling of the left testicle and epididymis to more than one third larger than the normal size. He was removed from the hospital and returned to prison before he could complete a proper course of treatment, and the family has not been given full access to his hospital records. The PPO insists that the medical records should stay under their custody and that if the family wants any medical information they should seek it through the prosecutor’s office. Throughout this second round of interrogations, Hasan was also denied access to an attorney, was not allowed to receive visits from his family, and his phone calls to family were limited to a single minute.
Recently, Hasan’s health has been deteriorating since the injuries sustained from torture were not treated properly. He was seeing blood in his urine and feces as well as feeling severe pain in his stomach, kidneys, and bladder. In light of this, in the beginning of January, he was taken to an appointment in the Military Hospital and did the PCR test ahead of a surgery for varicose in his testicles which was scheduled for the third week of January 2021. However, instead of being returned to Building 14 and placed in isolation, he was taken to solitary confinement in the isolation building, Building 15 of Jau Prison. He was not informed of the steps to be followed ahead of the surgery, leaving him with no knowledge about his situation. Additionally, he was not given any medication to ease the pain he was feeling. Finally, within the closed cell, he could not know day from night and as such could not pray. These conditions took a psychological toll on Hasan since the pain, coupled with the isolation and lack of knowledge about his fate, brought him to the point of hysteria. Furthermore, he had been prohibited from contacting his family since his transfer, therefore making him forcibly disappeared. He was only able to call them on 16 January after going on a hunger strike in order to pressure authorities to grant him the right to call. In that call, he explained to them what occurred over the last two weeks and requested that they contact governmental bodies in order to alleviate his suffering. Although the family did contact the Ombudsman Office, because they are not routinely informed about his medical situation, they could not provide all the relevant information.
Hasan’s arrest, confiscation of his belongings, torture, unfair mass trial, denial of medical treatment, and enforced disappearance violate both the Bahraini Constitution as well as international obligations to which Bahrain is party, namely, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), the International Convention on Civil and Political Rights (ICCPR), and the International Covenant on Economic, Social and Cultural Rights (ICESCR). Since Hasan was arrested for political reasons and given that his conviction depended on forced false confessions, we can conclude that he is arbitrarily detained by Bahraini authorities.
Accordingly, Americans for Democracy & Human Rights in Bahrain (ADHRB) calls on Bahraini authorities to uphold their human rights obligations by investigating all allegations of torture, enforced disappearance, and denial of proper medical treatment to ensure accountability. ADHRB also demands that Hasan be provided with the required medical treatment for all the injuries and health problems resulting from torture within safe and healthy conditions. ADHRB reiterates its demand for Bahraini authorities to release Hasan immediately, along with all political prisoners that were tried based on confessions taken under torture.
On 7 the ADHRB published a joint letter by 20 major NGOs to the EU about the EU-Bahrain Cooperation Agreement, which they say must Depend on Human Rights Improvements.
TO: Joseph Borrell, High Representative of the European Union for Foreign Affairs and Security Policy / Vice-President of the European Commission and Eamon Gilmore, EU Special Representative for Human Rights
Your Excellencies,
In light of the meeting between Bahrain’s Minister of Foreign Affairs and the European External Action Service currently scheduled to take place in Brussels on 10 february 2021, we are writing to raise concerns about the deterioration of the human rights situation in Bahrain, following a year in which Human Rights Watch reports that the Bahraini government has “escalated repression” against critics. As the informal EU-Bahrain Human Rights Dialogue originally scheduled for November 2020 has been indefinitely postponed, it is vital that human rights concerns are placed at the center of your conversations with Bahraini officials during this upcoming meeting.
Bahrain’s Crackdown on Political Opposition and Civil Society
Bahrain’s February 2011 Arab Spring uprising was an event which many hoped would herald a new era of democracy in the country. However, since the government’s violent suppression of the protests, promised reforms have failed to materialise. The leaders of the protest movement, some of them now elderly, continue to languish in prison.
Since 2017, authorities have outlawed all independent media and dissolved all political opposition parties. Among the most prominent prisoners currently incarcerated are high-profile political opposition leaders, activists, bloggers and human rights defenders sentenced to life imprisonment for their roles in the 2011 pro-democracy protests. These include Hassan Mushaima, Abduljalil AlSingace, Abdulhadi AlKhawaja,[see: https://www.trueheroesfilms.org/thedigest/laureates/4d45e316-c636-4d02-852d-7bfc2b08b78d] Sheikh Mohammed Habib AlMuqdad and Abdulwahab Husain. In 2018, the leader of Bahrain’s largest opposition bloc, Sheikh Ali Salman, was sentenced to life in prison following trials on speech charges and spurious accusations of espionage.
Over the last four years, political activists have borne the full brunt of political repression in Bahrain, facing arbitrary arrest and lengthy prison terms, and in some cases torture, for opposing the government. Hundreds have been arbitrarily stripped of citizenship, while activists and journalists who continue their work from exile risk reprisals against family members who remain in the country.
According to the Committee to Protect Journalists, at least six journalists are currently imprisoned for their work in Bahrain, while the country has fallen to a lamentable 169/180 on the Reporters Without Borders 2020 World Press Freedom Index. Bahrain scored a paltry 1/40 for political rights in Freedom House’s Freedom in the World 2020 report.
In addition, Bahrain’s government has increasingly turned to repressive cyber crime legislation to further restrict civic space, with prominent defence lawyers, opposition leaders and human rights defenders prosecuted over their social media activity since 2018. As Amnesty International has reported, Bahrain’s authorities have used the COVID-19 pandemic as a pretext “to further crush freedom of expression.”
Medical Negligence and Mistreatment in Jau Prison
Bahrain’s prisons remain overcrowded and unsanitary, and human rights groups have called on the government to release those imprisoned solely for exercising their right to freedom of expression in light of the threat posed by COVID-19. Prisoners are frequently subjected to humiliating treatment and denied adequate medical care, in violation of Bahrain’s international human rights obligations. These include Hassan Mushaima and Dr Abduljalil AlSingace, who suffer from a range of chronic medical conditions, as well as human rights activists Ali AlHajee and Naji Fateel.
Other prominent prisoners include two European-Bahraini dual citizens, the Danish-BahrainiAbdulhadi AlKhawaja and the Swedish-BahrainiSheikh Mohammed Habib AlMuqdad, both of whom are considered prisoners of conscience by Amnesty International, having been prosecuted and sentenced to life imprisonment for peacefully exercising their right to freedom of expression and peaceful assembly, and subjected to torture and other ill-treatment including denial of medical care.
In April 2011, security forces violently arrested Al-Khawaja and broke his jaw, leading to surgery for four broken bones in his face. Security officers tortured Al-Khawaja directly after his major jaw surgery, while blindfolded and restrained to a military hospital bed, which forced the doctor to ask the security officers to stop as it would undo the surgical work. Almost ten years later he still suffers from chronic pain and requires additional surgery to remove the metal plates and screws that were used to reattach his jaw. [see also: https://humanrightsdefenders.blog/2021/01/27/over-100-ngos-write-to-prime-minister-of-denmark-to-pressure-bahrain-to-release-abdul-hadi-al-khawaja/]
AlMuqdad, who was tortured by methods including severe beating and electrocution, suffers from multiple health problems, including a hernia likely caused by his torture, but is being denied proper health care. As of January 2021, in addition to the need for urgent surgery to repair the hernia, AlMuqdad is in need of heart surgery to unblock his coronary arteries and examination by a urologist to diagnose a prostate problem. The prison administration continues to delay the surgeries and specialist appointments, blaming the ongoing COVID-19 pandemic.
Death Penalty and Arbitrary Killings
In 2017, Bahrain abandoned a de facto moratorium on the death penalty and has since conducted six executions, five of which were condemned as arbitrary by UN Special Rapporteur on extrajudicial executions Agnes Callamard, in 2017 and 2019 respectively. According to recent research by the Bahrain Institute for Rights and Democracy (BIRD) and Reprieve, 26 death row inmates currently face imminent execution in the country, nearly half of whom were convicted on the basis of confessions allegedly extracted under torture in cases related to political unrest.
These include Mohammed Ramadhan and Husain Moosa, whose death sentences were upheld in July 2020 despite credible evidence that both men were convicted on the basis of confessions obtained under torture. Independent experts at the International Committee for the Rehabilitation of Torture Victims concluded that investigations by Bahrain’s human rights oversight bodies into the torture of the two men “fail[ed] to meet the minimum professional standards and the minimum international legal standards”, while the Bar Human Rights Council of England and Wales warned that “upholding the convictions would be wholly inconsistent with Bahrain’s international obligations”. Both men are at risk of imminent execution. Three UN human rights experts warned on 12 February 2020 that carrying out these death sentences would constitute an arbitrary killing.
Our Requests
Bahraini authorities have engaged in widespread violations of human rights enshrined in both Bahrain’s national legal system as well as in multiple international human rights treaties to which Bahrain is a state party.
Furthermore, a prevailing culture of impunity has allowed suspected perpetrators of serious human rights violations to avoid accountability. In light of the continued deterioration of the human rights situation in Bahrain, we therefore ask that during the meeting the EEAS:
Urges the unconditional and immediate release of all those imprisoned solely for peacefully exercising their right to freedom of expression, peaceful assembly and association, including Hassan Mushaima, Abduljalil AlSingace, Abdulwahab Husain and Sheikh Ali Salman;
Urges for the unconditional and immediate release of Danish-Bahraini Abdulhadi AlKhawaja and Swedish-Bahraini Sheikh AlMuqdad;
Calls for an independent review of the cases involving those facing the death penalty, including the cases of Mohammed Ramadhan and Husain Moosa; as well as for the ultimate revocation of their death sentences;
Urges Bahraini authorities to reinstate a moratorium on the death penalty;
Pressures Bahrain to end the use of torture and other -ill-treatment and to tackle the culture of impunity by holding suspected perpetrators accountable and ensuring effective mechanisms for victims to receive justice and restitution;
Urges Bahrain to rescind its arbitrary bans on opposition parties, civil society groups and independent media and encourage the development of civic space in Bahrain;
Urges the Bahraini Government to ensure its respect to, and protection of, the right to freedom of expression, and to take necessary steps to ensure freedom of the press; and
Persuades Bahrain’s government to take concrete and measurable steps towards justice reform and respect for human rights.
The sentence includes a suspension of 2 years and 10 months in addition to the time already served (since May 2018) which would see Loujain’s release in approximately two months. Loujain is also required to serve three years of probation during which time she could be arrested for any perceived illegal activity. She will also be placed on a 5 year travel ban.
“After nearly three years in pre-trial detention and now 5 weeks of a rushed trial process in the Specialised Criminal Court, my sister Loujain was sentenced to 5 years and 8 months in prison by the Specialised Criminal Court today. She was charged, tried and convicted using counter-terrorism laws. Loujain and my parents (who are her lawyers) were given little time to prepare so it is hard to understand how this trial process is a fair one. My sister is not a terrorist, she is an activist. To be sentenced for her activism for the very reforms that MBS and the Saudi Kingdom so proudly tout is the ultimate hypocrisy. My sister is the bravest person I know, and while we are devastated that she will have to spend even one more day in prison, our fight is far from over. We will not rest until Loujain is free,” said Lina AlHathloul.
The post includes a full timeline of the Specialised Criminal Court.
Hans Thoolen on Human Rights Defenders and their awards 