A/HRC/25/60/Add.2
the Public Prosecutor charged Mr. Fateel with alleged "establishment of a group in order to
disable the provisions of the Constitution" and order his imprisonment for a period of sixty
days pending investigation under the terrorism law. The Special Rapporteur thanks the
Government for the response dated 5 June 2013 where it was stated that Mr. Fateel was
inciting suspension of the Constitution and violating citizens’ personal freedoms through
terrorism. Allegedly Mr. Fateel was interrogated only once and a forensic physician was
charged with investigating any injuries and concluded no ill-treatment was committed. The
Special Rapporteur would like to remind the government of Bahrain of paragraph 1 of
Human Rights Council Resolution 16/23 which “Condemns all forms of torture and other
cruel, inhuman or degrading treatment or punishment, including through intimidation,
which are and shall remain prohibited at any time and in any place whatsoever and can thus
never be justified, and calls upon all States to implement fully the absolute and nonderogable prohibition of torture and other cruel, inhuman or degrading treatment or
punishment.” The Special Rapporteur would also like to remind the Government of article
12 of the CAT and paragraph 6b of Human Rights Council Resolution 8/8, which require
the competent authorities to undertake a prompt and impartial investigation wherever there
are reasonable grounds to believe that torture has been committed, and article 7 of the CAT,
which requires State parties to prosecute suspected perpetrators of torture. The
government’s response does not offer satisfactory evidence that the forensic doctor’s
examination was conducted with the appropriate guarantees of independence and
impartiality. In addition, and in regards to any criminal prosecution of Mr. Fateel, article 15
of the CAT and paragraph 7c of Human Rights Council Resolution 16/23, provide that
“Each State Party shall ensure that any statement which is established to have been made as
a result of torture shall not be invoked as evidence in any proceedings, except against a
person accused of torture as evidence that the statement was made.” The Special
Rapporteur also encourages the government of Bahrain to continue its engagement with the
mandate.
14.
On 29 September 2013 Mr. Fateel was sentenced to 15 years imprisonment by
Branch 4 of the High Criminal Court. The Special Rapporteur notes that the allegations of
torture have not been investigated and were not considered by the court.
(b)
JUA 23/05/2013 Case No. BHR 3/2013 State Reply: 24/06/2013 Alleged punishment of
Mr. Nabeel Rajab in Jaw Prison after revealing alleged acts of torture of young detainees by
police officers.
15.
The Special Rapporteur thanks the government of Bahrain for its reply, dated 24
June 2013, to this communication in reference to the alleged temporary isolation of Mr.
Nabeel Rajab from his cell in Jaw prison after having witnessed acts of torture of young
detainees by police officers. Mr. Rajab is the Director of the Bahrain Centre for Human
Rights (BCHR) and is currently serving a two-year prison sentence in Jaw prison after
having been convicted on charges of calling for and participating in peaceful
demonstrations. Mr Rajab has been the subject of several previous communications, most
recently a joint urgent appeal sent on 24 July 2012 sent by the Working Group on Arbitrary
Detention, the Special Rapporteurs on the protection and promotion of the right to freedom
of opinion and expression; on the rights to freedom of peaceful assembly and of
association; on human rights defenders; and on the independence of judges and lawyers
concerning Mr Rajab’s health and allegations of denial of access to adequate medical
treatment. No response was provided to these allegations. According to the information
received, Mr. Rajab made a phone call on 14 May 2013, describing how he had witnessed
young political prisoners being tortured at the hands of police officers in Jaw prison.
Allegedly, on the same evening, relatives of Mr. Rajab received a telephone call stating that
Mr. Rajab would not be allowed to call his family for two weeks, and that he had been
removed from his prison cell by guards and not returned. Reportedly, his health remains
11
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