Bahrain Country Report on Human Rights Practices for 1997
(extracts from the report in their original version)
The full report released by:
U.S. Department of State,
the Bureau of Democracy, Human Rights, and Labor,
January 30, 1998.




Bahrain: (Summery)

  1. Section 1 Respect for the Integrity of the Person, Including Freedom From:
    • a. Political and Other Extrajudicial Killing
    • b. Disappearance
    • c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
    • d. Arbitrary Arrest, Detention, or Exile
    • e. Denial of Fair Public Trial
    • f. Arbitrary Interference With Privacy, Family, Home, or Correspondence


  2. Section 2 Respect for Civil Liberties, Including:
    • a. Freedom of Speech and Press
    • b. Freedom of Peaceful Assembly and Association
    • c. Freedom of Religion
    • d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
  3. Section 3 Respect for Political Rights: The Right of Citizens to Change Their Government
  4. Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
  5. Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social Status:
  6. Religious Minorities National/Racial/Ethnic Minorities


BAHRAIN


Bahrain is a hereditary emirate with few democratic institutions and no political parties. The Al-Khalifa extended family has ruled Bahrain since the late 18th century and dominates its society and government. The Constitution confirms the Amir as hereditary ruler. The current Amir, Shaikh Isa Bin Sulman Al Khalifa, governs Bahrain with the assistance of a younger brother as Prime Minister, the Amir's son as Crown Prince, and an appointed cabinet of ministers. In 1975 the Government suspended some provisions of the 1973 Constitution, including those articles relating to the National Assembly, which was disbanded and never reconstituted. Citizens belong to the Shi'a and Sunni sects of Islam, with the Shi'a comprising over two thirds of the indigenous population. The Sunnis predominate because the ruling family is Sunni and is supported by the armed forces, the security service, and powerful Sunni and Shi'a merchant families. Bahrain experienced continued political unrest during the year, including bomb and arson attacks on public and private property. There are few judicial checks on the actions of the Amir and his government, and the courts are subject to government pressure.

The Ministry of Interior is responsible for public security. It controls the public security force (police) and the extensive security service, which are responsible for maintaining internal order. The Bahrain Defense Force (BDF) is responsible for defending against external threats. It did not play a role in internal security during the year. Security forces committed serious human rights abuses.

... (..) The main problems continue to include the denial of the right of citizens to change their government; political and other extrajudicial killings; torture;arbitrary arrest; incommunicado and prolonged detention;involuntary exile; limitations on or the denial of the right to a fair public trial, especially in the security court; infringements on citizens' right to privacy; and restrictions on freedom of speech, press, assembly, association, and worker rights. The Government imposes some limits on freedom of religion and movement. Domestic violence against women and discrimination based on sex, religion, and ethnicity remain problems.

RESPECT FOR HUMAN RIGHTS


  1. Section 1 Respect for the Integrity of the Person, Including Freedom From:

    • a. Political and Other Extrajudicial Killing

      On June 8, 25-year-old Abdul Zahra Ibrahim Abdullah, from the village of Sanabis, reportedly died from mistreatment he received during 2 days of detention. Although authorities cited ill health as the cause of death, there was no public inquiry into the allegations that he died from torture.
      There were no investigations or prosecutions of any security forces personnel for alleged extrajudicial killings committed in earlier years.
      Two Asian laborers died on July 5 when antigovernment protesters set fire to a store in the village of Sitra. On June 13, four Asian laborers died when a fire destroyed the business establishment directly below their residence. Credible sources consider it likely that antigovernment arsonists were responsible for the attack.

    • b. Disappearance
      There were no reports of politically motivated disappearances.
    • c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment:

      Torture and other cruel, inhuman, or degrading treatment or punishment are prohibited by law; however, there are credible reports that prisoners often are beaten, both on the soles of their feet and about the face and head, burned with cigarettes, forced to endure long periods without sleep, and in some cases subjected to electrical shocks. The Government has difficulty in rebutting allegations of torture and of other cruel, inhuman, or degrading practices because it permits incommunicado detention and detention without trial. There were no known instances of authorities being punished for human rights abuses committed either during the year or in any previous year.

      Opposition and human rights groups allege that the security forces sometimes threaten female detainees with rape and inflict other forms of sexual abuse and harassment on them while they are in custody. These allegations are difficult either to confirm or deny.
      ...

    • d. Arbitrary Arrest, Detention, or Exile:
      Arbitrary arrest and detention are problems. The Constitution states that "no person shall be arrested, detained, imprisoned, searched or compelled to reside in a specified place...except in accordance with the provisions of the law and under the supervision of the judicial authorities." In practice, however, in matters regarding arrest, detention, or exile, the 1974 State Security Act takes precedence. Under the State Security Act, persons may be detained for up to 3 years without trial for engaging in activities or making statements regarded as a threat to the broadly defined concepts of national harmony and security and the Government continued arbitrarily to arrest and detain citizens. The scope of the State Security Act extends to any case involving arson, explosions, or attacks on persons at their place of employment or because of the nature of their work. Detainees have the right to appeal such detentions after a period of 3 months and, if the appeal is denied, every 6 months thereafter from the date of the original detention.

      Government security forces used the State Security Act regularly during the year to detain persons believed by the Government to be engaging in antigovernment activities, as well as those attempting to exercise their rights of free speech, association, or other rights deemed to be in opposition to the Government. Activities that also can lead to detention, questioning, warning, or arrest by the security forces include: membership in illegal organizations or those deemed subversive; painting antigovernment slogans on walls; joining antigovernment demonstrations (see Section 2.b.); possessing or circulating antigovernment writings; preaching sermons considered by the Government to have an antigovernment political tone; and harboring or associating with persons committing such acts.

      In addition to overseeing the security service and police, the Ministry of Interior also controls the Office of the Public Prosecutor, whose officers initially determine whether sufficient evidence exists to continue to hold a prisoner in investigative detention. The Ministry is responsible for all aspects of prison administration. In the early stages of detention, prisoners and their attorneys have no recourse to any authority outside the Ministry of Interior. The authorities rarely permit visits to inmates who are incarcerated for security-related offenses and such prisoners may be held incommunicado for months, sometimes years. Prisoners detained for criminal offenses, however, generally may receive visits from family members, usually once a month.

      Security forces are estimated to have held over 1,300 people in detention for security-related offenses during the year, including some who were arrested, released, and then arrested again. At year's end, as many as 1,100 persons still remained in detention. The Government pardoned as many as 200 persons detained in connection with antigovernment activities.

      Abdul Amir Al-Jamri, a prominent Shi'a cleric, longtime opposition activist, and one of the original 14 signers of the 1994 petition to the Amir calling for the restoration of the National Assembly, was arrested in January 1996 and remained in custody throughout 1997. Although he is reportedly accused by the Government of committing a wide variety of security-related crimes, including treason, Al-Jamri has not been brought to trial or publicly charged with any crime. Several other Shi'a clerics associated with Al-Jamri, Abdul Wahab Hussein, Hassan Mushaimaa, Hassan Sultan, Ali Bin Ahmed Al-Jedhafsi, Haji Hassan Jarallah, and Ali Mirza Al-Nachas also were arrested at the same time as Al-Jamri and remain in jail. On June 29, the Government announced that Al-Nachas died in detention of natural causes.

      ....
    • e. Denial of Fair Public Trial
      The Constitution provides for an independent judiciary; however, the courts are subject to government pressure regarding sentencing and appeals.
      The civil and criminal legal system consists of a complex mix of courts, based on diverse legal sources including Sunni and Shi'a Shari'a (Islamic law), tribal law, and other civil codes and regulations. The 1974 State Security Act created a separate, closed security court system which has jurisdiction in cases of alleged antigovernment activity.
      ....
      Defense attorneys are appointed by the Ministry of Justice and Islamic Affairs. Some attorneys and family members involved in politically sensitive criminal cases complain that the Government interferes with court proceedings to influence the outcome or to prevent judgments from being carried out. There are periodic allegations of corruption in the judicial system.
      .....
      Security cases are tried in secret by the Supreme Court of Appeals, sitting as the Security Court. Family members are usually not permitted in the court until the final verdict is rendered. Procedures in the security courts do not provide for even the most basic safeguards. The Security Court is exempt from adhering to the procedural protections of the Penal Code. Defendants may be represented by counsel but seldom see their attorneys before the actual day of arraignment. Convictions may be based solely on confessions and police evidence or testimony that may be introduced in secret. The defense cannot review the evidence against the defendant prior to trial proceedings. Defense lawyers complain that they rarely are given sufficient time to develop witnesses. There is no right to judicial review of the legality of arrests. There is no judicial appeal of a State Security Court verdict, but the defendant may request clemency from the Amir. In March the Security Court tried 59 individuals on charges of being members of a terrorist organization aimed at overthrowing the Government. The Security Court ultimately convicted 33 individuals and acquitted 24.


      The number of political prisoners is difficult to determine because the Government does not release data on security cases, such cases are not tried in open court, and visits to prisoners convicted of security offenses are strictly restricted. The Government denies that there are any political prisoners, and claims that all inmates incarcerated for committing security offenses were convicted properly of subversive acts such as espionage, espousing or committing violence, or belonging to terrorist organizations.
      .......
    • f. Arbitrary Interference With Privacy, Family, Home, or Correspondence
      Under the law, the Ministry of Interior is empowered to authorize entry into private premises without specific judicial intervention. Domestic and international telephone calls and correspondence are subject to monitoring. Police informer networks are extensive and sophisticated.
      During the year, the Government frequently infringed on citizens' right to privacy, using illegal searches and arbitrary arrests as tactics to control political unrest. Security forces frequently raided villages at night, entered private homes without warrants, and took into custody residents who were suspected of either participating in or having information regarding antigovernment activities. While conducting these raids, security forces frequently confiscated, damaged, or destroyed personal property, for which owners were not compensated by the Government. Security forces also frequently set up checkpoints at the entrances to villages, requiring vehicle searches and proof of identity from anyone seeking to enter or exit. Whenever possible, the Government jams either in whole or in part foreign broadcasts that carry antigovernment programming or commentary. A government-controlled proxy prohibits user access to Internet sites considered to be antigovernment or anti-Islamic (see Section 2.a.).


  2. Section 2 Respect for Civil Liberties, Including:

    • a. Freedom of Speech and Press:

      Although the Constitution provides for the right "to express and propagate opinions," citizens are not, in practice, free to express their public opposition to the Government in speech or writing. Press criticism of ruling family personalities and of government policy regarding certain sensitive subjects--such as sectarian unrest and the dispute with Qatar over the Hawar Islands--are strictly prohibited. However, local press coverage and commentary on international issues is open, and discussion of local economic and commercial issues is also relatively unrestricted. Many individuals express critical opinions openly on domestic political and social issues in private settings but do not do so to leading government officials or in public forums.
      The Information Ministry exercises sweeping control over all local media. Newspapers are privately owned, but they routinely exercise self-censorship of stories on sensitive topics. The Government does not condone unfavorable coverage of its domestic policies by the international media and has occasionally revoked the press credentials of offending journalists. Since the Ministry also sponsors foreign journalists' residence permits, this action can lead to deportation. In July the Government revoked the press credentials of a resident Deutche Presse-Agentur correspondent and ordered her out of the country on grounds that she had endangered the country's national security by filing an unsubstantiated report on local political developments. The Government generally afforded foreign journalists access to the country and did not limit their contacts on the island.

      The State owns and operates all radio and television stations. Radio and television broadcasts in Arabic and Farsi from neighboring countries and Egypt can be received without interference. However, international news services, including the Associated Press, United Press International, and Agence France Presse, frequently complain about press restrictions. The Cable News Network is available on a 24-hour basis by subscription and the British Broadcasting Corporation world news service is carried on a local channel 24 hours a day free of charge. However, the Government generally jams wholly or partially foreign broadcasts that carry antigovernment programming or commentary (see Section 1.f.).
      Many senior government officials, ruling family members, and major hotels use satellite dishes to receive international broadcasts, as do well-to-do private citizens. The Ministry of Information closely controls access to satellite dishes, and the importation or installation of dishes without prior government approval is illegal.
      Access to the Internet is provided through the National Telephone Company (BATELCO). A government-controlled proxy prohibits user access to sites considered to be antigovernment or anti-Islamic; E-mail access to information is unimpeded, although it may be subject to monitoring (see Section 1.f.).
      Although there are no formal regulations limiting academic freedom, in practice academics try to avoid contentious political issues. University hiring and admissions policies appear to favor Sunnis and others who are assumed to be supportive of the Government, rather than focus on professional experience and academic qualifications.

    • b. Freedom of Peaceful Assembly and Association

      Despite the Constitution's provision for the right of free assembly, the Government prohibits all public political demonstrations and meetings and controls religious gatherings that may take on political overtones. Permits are required for most other public gatherings and permission is not routinely granted. Unauthorized public gatherings of more than five persons are prohibited by law. The Government monitors gatherings that might take on a political tone and frequently disperses such meetings.
      On numerous occasions during the year, the security forces used force, including tear gas, to disperse gatherings during which protesters called for the reestablishment of an elected parliament and the release of prisoners, objected to Al-Khalifa rule, denounced police brutality, protested foreigners in the security forces and in the labor force, or demanded increased employment opportunities. After each of these incidents, suspected leaders and active participants were arrested.
      The Constitution provides for the right of free association; however, the Government restricts freedom of association. The Government prohibits political parties and organizations. Some professional societies and social/sports clubs have traditionally served as forums for discreet political discussion, but they are restricted by law from engaging in political activity. Only the Bahraini Bar Association is exempt from the regulations that require that the constitution of all associations include a commitment to refrain from political activity. The Bar Association successfully argued that a lawyer's professional duties may require certain political actions, such as interpreting legislation or participating in a politically sensitive trial. Other organized discussions and meetings are still actively discouraged.

    • c. Freedom of Religion:

      Both Sunni and Shi'a are subject to governmental control and monitoring. During the year, the Government frequently closed mosques and ma'tams (Shi'a community centers) in certain locations to prevent religious leaders from delivering political speeches during their Friday prayers and sermons. The High Council for Islamic Affairs is charged with review and approval of all clerical appointments within both the Sunni and Shi'a communities and maintains program oversight for all citizens studying religion abroad. Public religious events, most notably the large annual commemorative marches by Shi'a, are permitted but are closely watched by the police. (..)
    • d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation:

      Citizens are free to move within the country and change their place of residence or work. Passports, however, may be denied on political grounds. Approximately 3 percent of the indigenous population, the "bidoon," or stateless persons, mostly Persian-origin Shi'a, do not have passports and cannot readily obtain them, although they may be given travel documents as Bahraini residents (see section 5). The Government occasionally grants citizenship to resident non-Bahrainis who are Sunni Muslims, mostly from the Arabian peninsula and Egypt.

    .....
  3. Section 3 Respect for Political Rights: The Right of Citizens to Change Their Government:

    Citizens do not have the right or ability peacefully to change their government or their political system, and political activity is strictly controlled by the Government. Since the dissolution of the National Assembly in 1975, there have been no formal democratic political institutions. The Prime Minister makes all appointments to the Cabinet. All other government positions are filled by the relevant ministries. About one-third of the cabinet ministers are Shi'a Muslim, although they do not hold security-related offices. (..)
    .....
  4. Section4 Governmental Attitude Regarding International and Non- governmental Investigation of Alleged Violations of Human Rights:
    There are no local human rights organizations. Because of the restrictions on freedom of association and expression, any independent, domestically-based investigation or public criticism of the Government's human rights policies faces major obstacles. A number of groups based abroad report on alleged human rights violations. (..)
    The Government maintains that it is not opposed to visits by bona fide human rights organizations. In practice, however, international human rights organizations have found it difficult to conduct activities in Bahrain. (..)

  5. Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social Status:
    The Constitution states that "liberty, equality, security, tranquillity, education, social solidarity, and equal opportunities for citizens shall be pillars of society assured by the State." It further states that every citizen shall have the right to medical care, welfare, education, property, capital, and work. In practice, however, these rights are unevenly protected, depending on the individual's social status, ethnicity, or sex.
    ......
    Detentions and arrests of juveniles, some as young as 7 years old, were numerous during the year in connection with the political unrest. These children were generally released without charges within several days of their arrests. However, those juveniles charged with security offenses received the same treatment as adult prisoners, i.e., incommunicado detention and trial before a State Security Court.

......
Religious Minorities:

Although there are notable exceptions, the Sunni Muslim minority enjoys a favored status in Bahrain. Sunnis generally receive preference for employment in sensitive government positions and in the managerial ranks of the civil service. Shi'a citizens are not allowed to hold significant posts in the Bahrain defense and internal security forces. In the private sector, Shi'a tend to be employed in lower paid, less skilled jobs.
....
National/Racial/Ethnic Minorities: A group of approximately 9,000 to 15,000 persons, mostly Shi'a of Persian-origin, but including some Christians, are stateless. They are commonly known as bidoon and enjoy less than full citizenship under the Citizenship Act of 1963. Many of the bidoon are second- or third-generation residents whose ancestors emigrated from Iran. Although they no longer claim Iranian citizenship, they have not been granted Bahraini nationality. Without citizenship these individuals officially are unable to buy land, start a business, or obtain government loans, although in practice many do. The law does not address the citizenship rights of persons who were not registered with the authorities prior to 1959, creating a legal problem for such persons and their descendants and resulting in economic and other hardships. The Government maintains that many of those who claim to be bidoon are actually citizens of Iran or other Gulf states who have voluntarily chosen not to renew their foreign passports. Bidoon and Bahrainis who speak Farsi, rather than Arabic, as their first language also face significant social and economic obstacles, including difficulty finding employment.
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