A/HRC/19/61/Add.4
prosecution and punishment of the perpetrators, and to provide redress to the victims and
their family members.
(c) JUA 12/04/2011 Case No. BHR 5/2011 State reply: 07/06/2011 Alleged incommunicado
detention and possible enforced disappearance.
16.
The Special Rapporteur thanks the Government of Bahrain for its reply, dated 7 June
2011, in response to this communication in reference to the alleged incommunicado
detention and possible enforced disappearance of Mr. Abdulhadi Alkawaja, as well as
Messrs. Wafi Almajid and Hussein Ahmed. In its reply, the Government of Bahrain
indicated that Mr. Alkhawaja was arrested and questioned on charges of “knowingly
becoming a member of a terrorist group; attempting with the help of others to overthrow the
monarchy and change the State Constitution; promoting political change in Bahrain through
the use of force; and spreading false information and malicious rumours with a view to
disrupting public security and damaging public interests,” as well as “inciting individuals to
break the law; facilitating the commission of crimes; insulting the Armed Forces;
instigating sectarian hatred; and organizing, taking part in and inviting others to join
unauthorized rallies.” The Government's report provided information regarding the charges
brought, the circumstances of the arrest, the public prosecutor's assessment of the injuries,
and the National Security Court Proceedings against Mr. Alkhawaja. However, the
Government of Bahrain did not respond to allegations that Mr. Alkhawaja had been
subjected to torture and ill-treatment during detention. Based on the information provided,
the Special Rapporteur concludes that the rights of Mr. Abdulhadi Alkhawaja under the UN
Convention against Torture have been violated, and calls on the Government of Bahrain to
undertake a prompt and impartial investigation of the alleged acts of torture, and to provide
redress. If Mr. Alkhawaja is to be tried, the Government must ensure that any evidence
against him obtained under torture is declared inadmissible. Messrs. Yusuf Abdullah and
Hussein Akbar, Mr. Abdulhadi Alkhawaja, Mr. Mohamed Al-Maskati, and Ms. Zainab AlKhawaja were the subject of earlier communications (see A/HRC/13/22/Add. 1, para 103;
A/HRC/7/28/Add. 1, para 59; A/HRC/4/37/Add. 1 para 33; A/HRC/16/44/Add. 1 para 90;
A/HRC/10/12/Add. 1, para 158).
(d) JUA 20/05/2011 Case No. BHR 9/2011 State reply: 08/06/2011 Alleged torture and
mistreatment in detention.
17.
The Special Rapporteur thanks the Government of Bahrain for its reply, of 8 June
2011, in response to the urgent appeal of 20 May 2011 regarding alleged torture and
mistreatment of Mr. Abdulhadi Alkhawaja in detention. The Government's report provided
information regarding the charges brought, the circumstances of the arrest, the public
prosecutor's assessment of the injuries, and the National Security Court Proceedings against
Mr. Alkhawaja. However, the Government of Bahrain did not respond to allegations that
Mr. Alkhawaja had been subjected to torture and ill-treatment during detention. Based on
the information provided, the Special Rapporteur concludes that the rights of Mr.
Abdulhadi Alkhawaja under the UN Convention against Torture have been violated, and
calls on the Government of Bahrain to undertake a prompt and impartial investigation of
the alleged acts of torture, and to provide redress. If Mr. Alkhawaja is to be tried, the
government must ensure that any evidence against him obtained under torture is declared
inadmissible. Mr. Alkhawaja was the subject of earlier communications (see case BHR
5/2011; A/HRB/13/22/Add.1, para. 103; A/HRC/7/28/Add.1, para 59; and
A/HRC/4/37/Add. 1 para 33).
9
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