TITLE: BAHRAIN HUMAN RIGHTS PRACTICES, 1994 AUTHOR: U.S. DEPARTMENT OF STATE DATE: FEBRUARY 1995 BAHRAIN Bahrain is a monarchy that has been ruled since the late 18th century by the Al-Khalifa family, which dominates its society and government. It has no political parties or elected representative institutions. The Constitution confirms the Amir as hereditary ruler. The current Amir, Sheikh Isa Bin Sulman Al-Khalifa, governs with the assistance of his younger brother, the Prime Minister; his son, the 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 the Government disbanded in the same year. The Government faces few judicial checks on its actions. Bahrainis belong to the Shi'a and Sunni sects of Islam, with the Shi'a comprising over two-thirds of the indigenous population. Sectarian and ethnic divisions exist among the Shi'a. Despite their minority status, 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. The Ministry of Interior is responsible for public security. Under its auspices, the Public Security Force (police) and the extensive Security Service are responsible for maintaining internal order. The Bahrain Defense Force (BDF) defends against external military threats. It does not play any role in internal security. Bahrain has a mixed economy, with government domination of many basic industries, including the important oil and aluminum industries. The Government has used its modest oil revenues to build an advanced infrastructure in transportation and telecommunications. Bahrain is a regional financial and business center. Tourism is also a significant source of income. There was little change in the human rights situation: civil liberties remained broadly circumscribed. The main abuses included arbitrary and incommunicado detention; involuntary exile; the absence of impartial inspection of detention and prison facilities; some instances of abuse of detainees; restrictions on the right to a fair public trial, especially in the Security Court; and restrictions on freedom of speech and press, freedom of assembly and association, women's rights, and worker rights. As a practical matter, the people do not have the right to change their government. In early December, a Shi'a imam and approximately 12 of his followers were arrested for inciting violence against the Government and foreign residents. Protesters staged large and sometimes violent demonstrations in Manama and in several Shi'a villages to demand his release. Three protesters and 1 policeman were killed in the unrest, and the police detained about 500 to 600 persons. Nearly all the detainees were arrested for committing illegal acts such as skirmishing with police or vandalism. Demonstrations continued into January 1995. The police arrested several hundred more demonstrators. RESPECT FOR HUMAN RIGHTS Section 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial Killing There were no reports of political or extrajudicial killings. b. Disappearance There were no reports of disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment The law prohibits torture. Little is known about the treatment of detainees and prisoners because the authorities restrict prison visits. During interrogations, the police reportedly have beaten detainees on the soles of their feet. Credible evidence exists that the authorities at Al-Jaw Security Prison used excessive force to restrain or punish a small number of prisoners who staged a 10-day hunger strike in April. Convicted prisoners, including those sentenced for security offenses, have regular access to medical care and may receive visits from family members, usually once a month. On at least one occasion, a prisoner serving a life sentence for a security offense was given a 1-day furlough to visit his family following the death of his father. The Government denies that torture takes place. However, it has not implemented minimal procedural safeguards nor allowed inspection of detention facilities by impartial international organizations. The Government has difficulty in rebutting allegations of torture because it permits incommunicado detention and detention without trial. The Government is not known to have punished any official in 1994 for human rights abuses committed either in 1994 or in previous years. Prison conditions do not appear to pose any threat to the life or health of those detained. d. Arbitrary Arrest, Detention, or Exile 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 "investigatory 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. Under normal criminal proceedings, police may detain a suspect for up to 7 days of questioning before filing charges. However, under the State Security Act of 1974, persons accused of subversive or antiregime acts may be detained without trial for a period not to exceed 3 years. 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. Under the Act, persons may be detained for attempting to exercise the rights of free speech, association, or other rights in opposition to the Al-Khalifa regime. Activities that could lead to detention include: membership in illegal organizations or those deemed subversive; painting antiregime slogans on walls; joining antigovernment demonstrations; possessing or circulating antiregime writings; preaching sermons with a distinct antiregime political tone; and harboring or associating with persons committing such acts. In April security forces detained 14 Shi'a students following a sectarian schoolyard brawl and held them for 2 months without charge. In early December, a Shi'a imam and approximately 12 of his followers were arrested for inciting violence against the Government and foreign residents. Following their arrest, protesters demanding their release staged a series of large, sometimes violent, demonstrations in Manama and several Shi'a villages. Throwing stones and Molotov cocktails, the protesters attacked two police stations, public security vehicles, and two branches of the National Bank of Bahrain. At least three demonstrators and one policeman were killed in the clashes. The police detained approximately 500 to 600 persons, nearly all of whom were arrested for committing illegal acts, such as skirmishing with police or vandalism. Demonstrations continued in mid-January and the police detained several hundred more demonstrators. The authorities continue to use the revocation of citizenship and exile to punish individuals suspected or convicted of antiregime activity. During the 1980's, in the aftermath of the Iranian Revolution and an aborted coup attempt by pro-Iranian elements, the Government deported without trial a significant number of citizens. In 1994 the Amir granted amnesty to 21 of these exiles and their families, allowing them to return to Bahrain. Throughout 1994 the authorities detained individuals at the airport who sought to return without the benefit of amnesty, and returned them to their point of origin. The authorities also revoked the citizenship of two citizens of Iranian descent who were convicted in 1988 of security offenses, and deported them to Iran after they completed serving their prison terms. The authorities maintain that they present prospective returnees with the evidence against them and give them the choice of standing trial or continuing to reside abroad for a specified period of time. In some cases, the Government maintains that individuals have legally forfeited their citizenship by their acceptance of foreign citizenship or participation in antiregime activities. However, emigre groups and their local contacts challenge both assertions. They argue that most exiles would prefer to stand trial than continue to live abroad, and that the revocation of citizenship without due process violates the Constitution. According to emigre groups, approximately 100 to 150 Bahrainis live in exile. This figure includes those who are prohibited from returning and their family members who voluntarily live abroad with them. e. Denial of Fair Public Trial An arrested persson may be tried in an ordinary criminal court or, if required by the prosecution, in the Security Court. Ordinary civil or criminal trials provide procedural guarantees for an open trial, the right to counsel (with legal aid available when necessary), and the right to appeal. However, some attorneys and family members involved in politically sensitive criminal cases complained that the Government interfered with normal court proceedings to influence the outcome or to prevent court judgments from being carried out. Allegations of corruption in the judicial system have also been made from time to time, although corruption does not appear to be a pervasive problem. There are precedents in which the Amir, Prime Minister, and other senior government officials have lost cases brought by private citizens. The judgments in such cases were carried out. Security cases are tried directly by the Supreme Court of Appeal, which sits as the Security Court. Procedures in the Security Court do not provide appropriate safeguards. The Security Court is exempted from adhering to the procedural guarantees of the Penal Code, trials are held in secret, and defendants do not have the right to ask for a review of the legality of their arrests. There were no reports of security court trials in 1994. Sentences imposed by the Security Court may, at the discretion of the Court or the request of the defendant's family, be referred to the Amir for clemency. The total number of prisoners of all kinds, excluding those arrested in the December riots, is believed to be between 270 and 300 persons, of whom a small number may be political prisoners. The number of political prisoners is difficult to determine because the Government does not release information on security cases and restricts visits to prisoners convicted of security offenses. The Government denies that there are any political prisoners. It claims that all individuals detained for security offenses, including those arrested in the December riots, the attempted coup in 1981, and a 1987 attempt to destroy Bahrain's single oil refinery, were properly convicted of criminal acts such as espionage, espousing or committing violence, or belonging to terrorist organizations. In accordance with tradition, the Government continued to release and grant amnesty to a small number of prisoners, including self-declared political prisoners, on major holidays. The Government released 44 prisoners in March, including 10 convicted of security offenses in the 1980's; in June it released and deported to Iran on the completion of their sentences, 2 individuals convicted of security offenses in 1988; and in December the Amir pardoned and released another 6 to 8 convicted criminals. Government sources have indicated that nearly all of the prisoners convicted for nonviolent antiregime activity in the 1980's have been released by amnesty or upon completion of their sentences. f. Arbitrary Interference with Privacy, Family, Home, or Correspondence The law empowers the Ministry of Interior to authorize entry into private premises without specific judicial authorization. The authorities monitor some domestic and international telephone calls and correspondence. Police informer networks are extensive and sophisticated. Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and Press While the Constitution provides for the right "to express and propagate opinions," citizens are not generally free to express public opposition to the Al-Khalifa regime in speech or writing. The Government does not permit political meetings and monitors gatherings that might take on a political tone. The security forces sometimes disperse such meetings. The Government prohibits press criticism of personalities in the ruling family and on certain sensitive subjects, such as the Hawar Islands dispute with Qatar. The local press is free to report and comment on international issues. Discussion of local economic and commercial issues is also relatively unrestricted. In practice there are few restrictions on the discussion of political and economic issues in private settings, provided such discussions do not become public. The Information Ministry exercises sweeping control over all local media. Bahrain's privately owned newspapers routinely exercise self-censorship of stories on sensitive topics. In 1994 the Government prohibited a local editorial columnist from publishing for 1 month following his criticism of government policy during the Yemeni civil war. The Government does not condone unfavorable coverage of its domestic policies by the international media and has occasionally revoked the press credentials of offending foreign journalists. Since the Ministry also sponsors foreign journalists' residence permits, this action can lead to deportation. The Government deported a correspondent of the British Broadcasting Company (BBC) in December for covering the civil disturbances in a manner unfavorable to the Government. In addition, Reuter withdrew its correspondent in April and did not replace him after the Ministry of Information indicated that his residence permit would not be renewed. Other international news services have frequently complained of government restrictions. Several news services have departed Bahrain and established offices elsewhere in the region. The State owns and operates all radio and television stations. The Government does not interfere with radio and television broadcasts from neighboring countries and from Egypt, nor does it interfere with the English-language news from the British Broadcasting Company and Cable News Network. Many senior government officials, ruling family members, and well-to-do citizens receive international television broacasts via satellite receiving dishes. The Ministry of Information closely controls access to these and the importation or installation of them without government approval is illegal. In October the Ministry established a 13-channel subscription cable network and announced plans to add an additional 7 channels by the end of the year. Although there are no formal regulations limiting academic freedom, as a practical matter academics try to avoid contentious political issues. In general there is greater latitude to discuss politics in an academic setting. Nevertheless, strict limits are observed, and research, publications, and public discussions critical of the Government are highly infrequent. b. Freedom of Peaceful Assembly and Association Despite the Constitution's affirmation of the right of free assembly, the Government prohibits public political demonstrations and meetings. Religious gatherings that may take on political overtones are strictly controlled. In January and March security forces dispersed Shi'a Muslim gatherings commemorating the death of Iranian Grand Ayatollah Golpayegani at the Al-Mu'min mosque in Manama and closed the mosque temporarily, ostensibly on the grounds that the gatherings had become political and confrontational. In July and September, security forces used tear gas to break up large, Shi'a-led demonstrations at the Ministry of Labor and Social Affairs. After each of these incidents, suspected leaders and active participants were briefly detained for questioning, usually on grounds of participating in or inciting violence. All were later released without charge. The Government prohibits political organizations. Some professional societies and social and sports clubs have traditionally served as fora for discreet political discussion, but these are restricted by law from engaging in political activity. Only the Bar Association has been granted an exemption to the regulation requiring all associations to state in their constitutions that they will 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. Since the Gulf War the Government has been more tolerant of informal discussion of some political issues, but organized discussions and meetings are still actively discouraged. The Government requires permits for most public gatherings, and does not routinely grant permission. c. Freedom of Religion The population is overwhelmingly Muslim, and Islam is the state religion. However, Christians and other non-Muslims, including Jews, Hindus, and Baha'is, are free to practice their religion and maintain their own places of worship. Bibles and other Christian publications are displayed and sold openly in local bookshops, which also sell Islamic and other religious literature. Religious tracts of all Islamic sects, cassettes of sermons delivered by Muslim preachers from other countries, and publications of other religions are readily available. The Government discourages proselytizing by non-Muslims and prohibits anti-Islamic writings. However, it does not interfere with conversions from Islam to other religions. Both Sunni and Shi'a sects are subject to governmental control and monitoring, but the Government does not interfere with routine religious activities. Public religious events, most notably annual commemorative marches by the Shi'a, are permitted but are closely watched by the police. There are no restrictions on the number of citizens permitted to make pilgrimages to Shi'a shrines and holy sites in Iran and Iraq. However, in the past, the Government strongly discouraged religious study in and pilgrimages to Iran. Although the Government continues to monitor travel to Iran and scrutinizes carefully those who choose to pursue religious study there, Bahraini travel to Iran for pilgrimages, business trips, tourism, and family visits is increasingly common. 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. However, the Government may deny issuance of passports on political grounds. Under the 1963 Citizenship Law, the Government may reject applications to obtain or renew passports for "reasonable cause," but the applicant has the right to appeal such decisions before the High Civil Court. The Government has also issued "temporary passports" to individuals whose travel it wishes to control or whose claim to citizenship is questionable. At least 3 to 5 percent of the indigenous population, mostly Shi'a Muslims of Iranian origin, do not have passports and cannot readily obtain them, although they may be issued travel documents as residents (see Section 5). Noncitizen residents may also obtain "laissez-passers" or temporary passports. These documents are valid for 2 years and may be reissued at Bahraini embassies overseas. "Laissez passer" holders are required to obtain visas to reenter Bahrain. In 1994 the Government continued to allow the repatriation of certain persons who have lived in exile (see Section 1.d.). The Government does not usually accept refugees. However, it does not repatriate those refugees who arrive in Bahrain. The Government has granted some Iranian emigres permission to remain in Bahrain, but has not granted them citizenship. During the Yemeni civil war in 1994, the Government accepted approximately 10 Yemeni casualties for medical treatment. 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 the Government strictly controls all political activity. Since the dissolution of the National Assembly in 1975, there have been no formal democratic political institutions, political parties, or opposition organizations. The Prime Minister appoints all members of the Cabinet. About one-third of the Cabinet ministers are Shi'a, although they do not hold security-related offices. All other government positions are appointed by the relevant ministries. The ordinary citizen may attempt to influence government decisions through submission of written petitions and informal contact with senior officials. The Government established a 30-member Consultative Council, or Majlis Al-Shura, in 1992. The Majlis held its second session from October 1993 to May 1994, and began its third session in October. The members of the Majlis are evenly divided between Sunni and Shi'a and were appointed by the Amir to represent the major constituent groups, including business, labor, the professions, and the religious communities. There are no members of the ruling Al-Khalifa family in the Majlis. The Chairman is a Shi'a who formerly was Minister of Transport and Communications. Although the Majlis has no formal legislative power, it may draft legislation for the Cabinet and Prime Minister to approve and is empowered to summon and question Cabinet ministers. According to the Speaker, the Government responded positively to about 85 percent of the Majlis's recommendations by incorporating them into legislation or by taking other appropriate actions. However, since all Majlis meetings are closed, little information is available to verify this claim. In the autumn and winter, 14 prominent religious and secular figures circulated a petition calling for the return of the National Assembly or elections for a new assembly. The petition reportedly has 20,000 signatures but at year's end had not been formally presented to the Government. The Government is aware of the petition but has not responded to the petition's demands or taken any legal action against the drafters. However, the authorities dismissed a senior employee of the Ministry of Public Works, Power and Water from his job after he disobeyed instructions not to circulate the petition on ministry grounds during workhours. Section 4 Governmental Attitude Regarding International and Nongovernmental 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 would face major obstacles. A number of groups based abroad claim to report on human rights violations, including the Committee for the Defense of Human Rights in Bahrain in Damascus, the Bahrain Freedom Movement in London, and the Bahrain Human Rights Organization (formerly the Committee for the Defense of Political Prisoners in Bahrain) in Copenhagen. These groups are composed of small numbers of emigres and often receive funding from governments hostile to the Al-Khalifa regime. The Government has consistently characterized as baseless charges of torture and denial of access to detainees, but it has not taken practical steps to refute such charges. The Government maintains that it is "not opposed" to visits in good faith by "bona fide human rights organizations," and it has engaged in dialog with the International Committee of the Red Cross (ICRC) and Amnesty International (AI). However, by the end of 1994, there were no substantive visits by ICRC or AI representatives, despite tentative "invitations" extended by the Government. In practice, international human rights organizations have found that operating in Bahrain is difficult.