The Office of Human Rights at the Ministry of Social Development expressed its shock at the contents and tone of the statement issued on behalf of the United Nations High Commissioner for Human Rights (UNCHR) concerning the situation in Bahrain.
“The Government is surprised by the allegation that the lawful actions taken to restore order and public safety in the Kingdom of Bahrain are aimed at “silencing dissent and creating a chilling atmosphere against further protests”. While the Office does not propose to recount in detail the incidents of violence, disorder, intimidation and assault prior to the declaration of the State of National Safety, it is clear and well-recognised that Bahrain faced a real and imminent threat to the safety, security and well-being of the country and all its residents,” it said.
A State of National Safety was declared by Royal Decree, subsequent to which lawful measures have been taken to protect the safety, security and rights of all Bahrainis and residents. Part of this process has included investigations into the incidents referred to above, which have uncovered evidence of serious criminal activity, including premeditated murder, violent assault on police, civilians and expatriates, blockading of highways, deliberate falsification of injuries, and the propagation of intentionally inflammatory material intended to incite violence.
Where justified by such evidence, individuals concerned have been identified, arrested, interviewed and, where appropriate, charged. The fact that some of those involved where from particular professions is irrelevant – simply working as a doctor or health professional does not grant an individual licence to incite or carry out serious criminal acts.
The Government wishes to reiterate and make absolutely clear that the arrest of a small number of health workers (23 doctors and 23 nurses) is not directly connected with their profession or their legitimate professional activity. However, lawful investigations are undertaken where there is evidence of criminal activity, for example the incitement of violence or hatred, the refusal of medical treatment for political or sectarian reasons, or the deliberate falsification of patients’ injuries regardless of the implications for their health. In this respect, all those arrested in this regard will have fair trials, and will be accorded all their rights of visitation and representation.
Further, the statement attributed to the High Commissioner seriously misunderstands and misrepresents the judicial processes during the State of National Safety. The Royal Decree makes clear that the courts established by the Decree are to apply Bahrain’s regular civilian laws (including the Penal Code and the terms of the Decree itself), and that unless contradicted by the provisions of the Decree, they are to follow the normal procedures as set out in the Criminal Procedure Law of 2002.
Further, Bahrain’s regular courts remain operational. Accordingly, defendants in all courts are entitled to their usual protections and rights, including that of representation, while trials have been observed by local and international non-governmental human rights organisations. It is therefore simply wrong to categorize these courts as “military courts” or that they do not apply the usual standards of due process.
The statement’s allegation regarding the number of people still in custody is also wildly inaccurate, and appears to have been sourced from groups with a specific anti-Bahrain agenda. The Government is fully aware of the number of people arrested, in custody, or released, and has made public such figures on an ongoing basis. Moreover, it is absolutely wrong to characterise those in custody as “political prisoners”.
As previously stated, arrests have been in relation to specific criminal activities, rather than for any political or human rights activity, or for the exercise of legitimate rights of opinion or expression. Indeed, the non-governmental sectors (including local human rights groups and activists) continue their activities in Bahrain unhindered and with the support of the government.
The Minister of Justice has made clear that any individual with a complaint regarding any alleged violation by security forces should report the issue immediately to the competent authorities, where it will be fully and properly examined. This builds on an earlier statement to similar effect by the Minister of Interior. Meanwhile the Investigation Committee looking into the events during February and March has authority to examine such allegations, while other judicial avenues can also be utilized.
It is therefore clear that the Kingdom of Bahrain takes very seriously the protection of human rights, even in the face of the violent activities of protestors involved in recent events. Bahrain is fully committed to promoting and protecting human rights, and to meeting the highest standards in this regard.
As to the recent request by Bahrain’s elected House of Representatives regarding the extension of the State of National Safety, this is simply the legitimate expression of the opinion of Bahrain’s properly-elected democratic body. Further, unless and until the competent authority in the Kingdom of Bahrain requests any extension, the request is not legally binding, but a democratic reflection of the popular will, and an understanding of the people’s desire to avoid any return to the scenes of violence and chaos of recent months.
The Office of Human Rights wants to make clear once again that since the declaration of the State of National Safety, the relevant law enforcement, investigative and judicial agencies have worked to ensure the protection of the safety, security and rights of all in Bahrain, and to properly and lawfully investigate and prosecute serious criminal activity that took place. The measures taken are not intended to, and do not, target any individual or group on the basis of their religious, political or other affiliation, or the legitimate exercise of rights of opinion or expression.
The Kingdom of Bahrain remains committed to the promotion and protection of the rights and freedoms of all in Bahrain, despite the challenging recent circumstances, and to working with the United Nations and other bodies in doing so.
In this regard, the Office of Human Rights hopes that the High Commissioner for Human Rights will develop a better understanding of the situation in Bahrain, enabling a more balanced presentation of views on these issues, and remains willing to work with her to this end.