Amnesty International Briefing Paper on Bahrain: "A Human Rights Crisis"

Arabic, Spanish and French pages are also available.

Excerpts:

The State of National Safety

Since 15 March Bahrain has been under a State of National Safety. This was initially imposed for three months but it may be prolonged with the approval of the National Council. Using its powers under the SNS, the government imposed a curfew in certain areas, initially from 4pm until 4am but now reduced to apply during the hours from 11 pm to 4am. The provisions of the SNS are broadly drawn and vague, and it contains no explicit human rights guarantees. It equips the armed and security forces with sweeping powers, which allow them to ban all public gatherings that are deemed harmful to national security; to prohibit individuals from travelling outside Bahrain if this is held to be in the public interest; and to conduct searches of places and people suspected of transgressing the SNS provisions; to summarily deport foreign nationals considered to pose a threat to national security. The SNS also allows the authorities to close down NGOs, trade unions, social clubs and political associations if they are deemed to have carried out activities considered harmful to national security, including “collaborating” with a foreign state. Further, any publication or broadcast containing information harmful to national security or that questions the political, economic and social systems of Bahrain are to be seized or confiscated.

In addition to these powers, the SNS provides that the armed and security forces may arrest anyone deemed to pose a threat to national security and to strip any Bahraini deemed to pose such threat of their Bahraini nationality and detain or expel them from the country. The SNS established a special court and appeal court – the National Safety Court of First Instance and the National Safety Appeal Court - to try people accused of transgressing the law; the courts are to conduct their procedures in accordance with the provisions contained in Bahraini statute law in relation to investigation, evidence, the conduct of court proceedings and the announcement of verdicts but there is nothing said about human rights safeguards for detainees held under the SNS, including how long they can be detained in pre-trial detention. The final verdicts of these special courts cannot be appealed against in Bahrain’s ordinary courts.
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Torture and other ill-treatment and deaths in custody

The renewed crackdown and arrests of opposition activists has been accompanied by an alarming increase in reports of torture and other ill-treatment of people detained in connection with the protests. Methods of torture have included punching with fists, kicking with boots, beatings with wooden batons and in some cases, the use of electric shocks were applied. Hamid Sayyid (real name withheld), a 31-year-old man from a Shi’a village who was detained at the Salmaniya Medical Complex at the end of March, after his release told Amnesty International:

“… 10 people dressed in police and army clothes entered the nursing room while I was alone in the room and beat and kicked me. Immediately after they took me to the police station in the …. village without explaining why they were taking me. Once there they put me in the middle of a room, blindfolded, and several men, I don't know how many, beat me and applied electric shocks on both legs. It hurt so much that after they applied the first shock I fell on the floor because I could not feel my legs. Once on the floor they beat me and kicked me on my head and body. They beat me so hard that I still cannot see from one of my eyes now. They pulled me and repeated the same procedure [electric shock on the leg] two more times. While they were beating me, they insulted me. They told me to confess that the medical workers were hiding weapons in the ambulances and that I took weapons and hid them in the ceiling of the hospital. I said I did not know anything and they kept on beating me. They continued for 30 minutes. They left me on the floor, after maybe 30 minutes a police officer came back and told me that if anyone asked me about the marks I had to say I fell down. Another police officer, higher rank, came in the room, saw me on the floor and I heard him asking the others what had happened and what was all that blood; I heard the others saying they did not know. He took me to a room, gave me water and asked me how many times I had been in the roundabout, I remained silent. Then he let me go and told me not to say I was beaten….”

At least four detainees are known to have died in custody in suspicious circumstances. Hassan Jassem Mohammad Mekki, aged 39, a married man with children from Karzakan, was arrested from his house in the early hours of 28 March. He was initially held in a police station in Hamad Town then transferred to the CID on 29 March. On 3 April the CID contacted his family and asked them to go the Salmaniya Medical Complex. Two of his brothers and his father did so and when they arrived military officers took them to the morgue. They uncovered the head of deceased person lying there and asked the family if they could confirm that the body was that of Hassan. The father and Hassan’s two brothers were in a state of shock but confirmed that it was Hassan. The father was then made to sign a death certificate; it was dated 3 April and gives the cause of death as “heart failure”. No autopsy is known to have been conducted by the authorities in order to arrive at this determination of the cause of death. The body was then taken to the family home in Karzakan for burial; when it was fully uncovered to be washed prior to burial the family reportedly saw marks of beatings and bruises on the neck, legs and the head. However, they are said not to have asked the authorities about these injuries and how they were sustained not to have submitted any complaint for fear of possible repercussions by the security forces.

‘Abdel-Karim al-Fakhrawi, a 49-year-old businessman and member of al-Wefaq, the largest Shi’a political association, died in police custody on 12 April. According to reports, his body bore marks of torture but the authorities have attributed his death to kidney failure.

‘Ali ‘Issa Ibrahim al-Saqer was reported to have died in custody by the Ministry if Interior on 9 April. He had been arrested six days earlier in Hamad Town after he reportedly went to a police station after being summoned to appear in connection with investigations into the killing of a police officer during the March protests. The Ministry said ‘Ali ‘Issa Ibrahim al-Saqer had died in custody while being restrained by police. His body, when returned to his family for burial, is said to have had visible marks suggesting that he may have been tortured. No autopsy or formal investigation into his death is known to have been held to date.

The Interior Ministry also announced the death in custody of a fourth detainee, Zakaraya Rasheed Hassan al-‘Asheri, on 9 April. He was said to have been arrested from his home in al-Dair on 2 April. The Ministry attributed his death to ill-health but in his case too at burial his body is reported to have borne marks indicating that he may have been tortured.

Torture and ill-treatment are prohibited in international human rights treaties such as the UN Convention against Torture, also ratified by Bahrain, and the ICCPR. Bahraini legislation too bans the use of torture. Amnesty International is calling on the Bahraini government to immediately establish an independent and impartial investigation into the deaths in custody that have occurred and into all allegations of torture and other ill-treatment of detainees, and to being to justice any members of the military and security forces or other officials, however senior, who are responsible for torture or other abuse of detainees.

Full text of former President M. Khatami's call for a referendum to restore the people's trust

No doubt, Khatami's promotion of a national referendum will be rejected by the denizens of the regime, but in raising the idea Khatami keeps the pressure on Khameinei to justify himself in order to stop the erosion of his legitimacy. Arguably, it is Khameinei who has been the big loser in the crisis.

Report of comments made by Khatami when visiting the families of people arrested following the June 12th elections.

"He maintained that the people's trust has been seriously damaged and that millions of Iranians have lost trust and added that the only way according to the constitution out of this crisis is holding a referendum in order to find out the people's opinion and repair the people's trust towards the system."


Translation by the OpenSource Center:

"Seyyed Mohammed Khatami and the members of the Militant Clerics Association held various meetings with the families of social and political activists detained in the days following the election. What makes these meetings different from similar meetings held previously is that whilst these meetings were held a number of political activists in prison contacted their family members for the first time. In fact even before the meetings were confirmed Mohsen Aminzadeh, Abdollah Ramezanzadeh and Mohsen Safa'i-Farahani one after the other contacted their wives and very briefly managed to hear the voices of their loved ones. Towards the end of one of the meetings, Javad Emam also rang his family and managed to speak to Seyyed Mohammad Khatami who happened to be there. The meeting finished following the speeches made by members of the families of political activists who were detained.

"Those present at the meeting criticised the way their loved ones were detained: mainly during the night in an illegal way by the use of force and threats and against moral, religious and legal ethics and morals. They criticised the officials in the judiciary and security organisations who have avoided taking any responsibility for the detainees. The family members expressed concern over the fact that no one knows where the detainees are held and under what physical and mental conditions. They criticised the fact that officials in the Judiciary and security organisations have failed to adhere to the basic human and legal rights of the detainees and their families and unfortunately at times they have been disrespectful towards the families of the detainees who based on their legal right wanted to find out where their loved ones are being held.

"Families of the political activists detained maintained that what they have witnessed does not befit the name of the Islamic Republic. Whilst expressing concerns over the condition of the detainees of the recent events their families insisted on the importance of a swift resolution to the problems of the detainees. They further maintained that all organisations, scholars, figures and sources must, based on their good, will enter this debate. They also confirmed that their first demand is the protection of people's vote in the recent election and that they are prepared to tolerate this situation in order to achieve this significant objective.

"In this meeting Khatami praised the recent remarks of Ayatollah Hashemi-Rafsanjani at [this week's] Tehran's Friday prayers and mentioned that these remarks were out of sympathy and goodwill and that acting upon these demands is the minimum step which needs taking in order to find a resolution to the current crisis. He maintained that the people's trust has been seriously damaged and that millions of Iranians have lost trust and added that the only way according to the constitution out of this crisis is holding a referendum in order to find out the people's opinion and repair the people's trust towards the system.

"Seyyed Mohammad Khatami then praised the presence of the families of the political activists in a gathering of the Militant Clerics Association. Whilst expressing his sympathy towards the honourable families of the political activists, Iran's former president stated: "You and your loved ones who are now detained are paying the price of your love towards the revolution and the system and your concerns over deviation in the system."

"He maintained that he feels sorry to see that justice and morality are breached. Seyyed Mohammad Khatami then praised the logical and positive remarks of Tehran's Friday prayer leader Mr Hashemi-Rafsanjani and maintained that the recommendations of Mr Hashemi are the minimum demands that can moderate the public atmosphere and prepare the grounds for a return of the trust lost by the people towards the system: "I declare frankly that relying on the people's vote and holding a legal referendum is the only way for the system out of the current crisis. This referendum must be held by impartial organisations such as the Expediency Council so the people can be asked whether they are happy and content about what has happened. If the majority of people accept the current circumstances we will give in."

""Illegal and irreligious issues occurred during the recent detentions and whilst the detainees were held have not only damaged the republicanism of the system but have also questioned the Islamism of the system. Islamism of the system was meant to be used in order to make up for the deficiencies in democracy. One of the manifestations of the Islamism of the system is when justice and morality rules society's general atmosphere. Unfortunately following the actions of the ruling organisations both these pillars have been pulled into question questioned. With regret I have to say although it is a catastrophe that the blood of lots of our fellow citizens was shed during the recent events and the children of this country were detained on mass, questioning republicanism and Islamism is a more significant catastrophe. Suggestions made by Hashemi out of his goodwill during the Friday prayers must be the basis of our action. We must return general trust to the public. All of our demands from the start were finding ways to return trust to the public and to the society. Our remarks however were not being paid attention to. I frankly declare that the only way out of the current crisis is by relying on the people's votes and holding a legal referendum."

"Seyyed Mohammad Khatami at the end congratulated Id of Mab'ath [when Mohammad became a prophet] and maintained that these celebrations are good occasions for freedom of dear prisoners who are held in detention.

"In this meeting prominent figures of the Militant Clerics Association including Messrs Musavi Khoe'iniha, Emami Jamarani, Seyyed Mohammad Razavi, Majid Ansari, Musavi Bojnurdi, Mohammad Moqqadam, Ali Akbar Mohtashamipur,... were also present."

Hashemi's Friday sermon leads to accusation that he supports opposition

Hashemi Rafsanjani's July 17, 2009, Friday sermon was notable for a variety of reasons including his explicit criticism of the Guardianship Council, his emphasis on the doubts about the election that were widespread in Iran, his mention of the alienation of senior 'ulama (Sources of Emulation), his view that restrictions on the press be lifted, and his call for the release of people imprisoned during the recent demonstrations. He calls for open dialogue, and does so in the explicit context of preserving the Revolution.

Some commentators have noted that Hashemi is a denizen of the system, and that is true; however, his carefully parsed speech is apparently being viewed by supporters of Ahmadinejad as proof that Hashemi is with the opposition. Indeed, he is accused of playing a major role in fomenting the crisis. For instance, see the following item (translated by the OpenSource Center) from the Fars news agency.

The OpenSource Center translated the item.

"Ayatollah Mohammad Yazdi has accused Ayatollah Hashemi-Rafsanjani of supporting the post-election "riots."

"Mohammad Yazdi, who is a member of the Guardian Council, referred to the statements of Hashemi-Rafsanjani at 17-July Friday prayer sermon and asked: "Why did Mr Hashemi-Rafsanjani remain silent for a long time after the election? Is the silence not a kind of support for opposition groups and endorsement of the recent riots?"

"Yazdi also criticized Rafsanjani saying that he should not have called for the release of those arrested during post-election unrest. The former judiciary chief said: "If you ask me what should be done for those arrested, I will tell you that they should be punished, because there are laws in the country."

"The cleric condemned Rafsanjani for sending a letter to the Supreme Leader Ayatollah Khamene'i before the election. He said that Rafsanjani "has sown the seeds of doubts" in the society by sending that letter.

"He also questioned Rafsanjani's reasoning on people's role in the Islamic Republic system and said: "In an Islamic state, legitimacy is different from popularity and people's support does not bring legitimacy to the state." Ayatollah Yazdi added: "In Islam, the legitimacy of the state comes from God." "

Informed Comment: Global Affairs: Town Hall Video on Iraq

This is Foreign Policy Association sponsored discussion on Iraq. The main speakers were Frederik Kagan, a proponent of the surge, and Augustus Richard Norton, an advisor to the Iraq Study Group. The video includes opening presentations and a Q&A. The chair is Lawrence Korb.

Informed Comment: Global Affairs: Town Hall Video on Iraq

This is an important story and it goes to the heart of the military manpower crisis.

There has been a flood of top-quality, combat experienced captains from the Army, especially combat arms officers who face the toughest and most dangerous assignments. The article cites an overall attrition rate over the past six years of 12% but that is a very squishy number and should not be trusted. A better indication is the implication that they need to retain over 70% of those eligible to leave in order for this bonus system to succeed (at the end of the article). That suggests a 30% attrition rate overall.

In fact, when the numbers are disaggregated the losses are far more serious. Why? Because when you adjust for officers with top quality records, including many West Point graduates, the numbers are far higher. The generals know this and they worry about it all the time. They also have the data in detail.

If education and intellectual training matter in today's Army, as Gen. David Petraeus has suggested it does, then there is great cause for worry. Of course, there are many fine officers graduated from ROTC programs at average or mediocre colleges and universities, but if you look at the numbers from the top schools the attrition rate is well over 50%.

Based on my experience at West Point, where I taught for many years, as well long experience in the army including two years of combat, I argue that grads of USMA--where cadets earn a respected four year college degree as well as a commission--provide a foundation of integrity and professionalism to the officer corps. (I am not a West Point grad--I was commissioned from the ranks at the ripe age of 20.) These talented officers, and many others with first-rate educations, are leaving in alarming numbers.

You will find some senior generals arguing that they don't care about smarts but instead they want officers ready to get in the foxholes with their troops and officers who are committed to service, but in a technically sophisticated military facing complex challenges in Iraq and elsewhere, some brains and book-smarts matter too.
What the Pentagon is doing now is putting a cork in the dam. What the nation really needs is a full-blown debate about military (wo)man-power and about national service, and I hope Secretary Gates, who is proving to be a very fine Secretary of Defense, decides to address the bigger problem.


Army Offers Big Cash To Keep Key Officers - washingtonpost.com

A related story on large bonuses being offered to retain special operations people.

Where do you find the troops?

Quite aside from the merits of "the surge" in principle, the fact is that the military is hard-pressed to find the troops. I have made that point here for the last several years. The army is stretched very thin and while the army is being increased in size, there is no immediate benefit for personnel availability. Hence, you find situations like this one at Ft. Benning where soldiers who are arguably "non-deployable" are being re-classified. Of course, the commanders do not tell the doctors to send unfit troops, they say, "Doctor, I want you to take a very close look at all the soldiers on profile and see if some may be fit for duty, even limited duty in Iraq."
Equally important, though not treated in this article, is a shortage in company grade officers, especially captains. Why? Because young captains, with one or two combat tours and leaving the service in droves. This is very well known within the military but played down in public discussions.

The Army is ordering injured troops to go to Iraq | Salon News: "As the military scrambles to pour more soldiers into Iraq, a unit of the Army's 3rd Infantry Division at Fort Benning, Ga., is deploying troops with serious injuries and other medical problems, including GIs who doctors have said are medically unfit for battle. Some are too injured to wear their body armor, according to medical records."