Posts Tagged ‘non-refoulement’

Profile in Persecution: Hasan Radhi AlBaqali

March 3, 2021

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.

China responds regarding the return of refugees to North Korea

June 3, 2013

With regard to the defectors sent back from Laos via China to North Korea – on which I reported a few days ago – it is interesting to note the reaction by China which has expressed anger at the criticism by two UN High Commissioners (for human rights and refugee): “We hope that the Office of the High Commissioner for Human Rights of the UN does not make irresponsible remarks based on unspecified news,” foreign ministry spokesman Hong Lei, but also appeared to distance itself from the repatriation by saying the refugees had passed through the country with “valid documents and visas”. “In the whole process, China has not received a request by any party to assist in the repatriation of these persons“.

via China rebukes UN agency over North Korean refugees – Yahoo!7.

 

Forced return to North Korea: Laos and China seem not to know the concept of non-refoulement

June 2, 2013

Nine North-Korean defectors, aged 15 to 23, entered Laos through China on 9 May 2013 and were caught by Laotian authorities on 16 May. They were sent back home on Tuesday 28 May via China. [Under North Korean law, defectors face a minimum of five years of hard labour and as much as life in prison or the death penalty in cases deemed particularly serious]  UN Human Rights Commissioner, Navi Pillay, urged Chinese and Laotian authorities to publicly clarify the fate of the nine defectors and the conditions of their return, which apparently violated international law, UN deputy spokesperson

Logo of United Nations Refugee Agency.Version ...

said. “The High Commissioner’s office is dismayed that the governments of Laos and China appear to have abrogated their non-refoulement obligations, especially given the vulnerability of that group, all of whom are reported to be orphans” The UN High Commissioner for Refugees said on Thursday in a statement that it is trying to locate the defectors and expressed concern that they did not receive a chance to have their asylum claims assessed.

via UN protests return of N Korean defectors | News24.