A/HRC/25/60/Add.2
whatsoever, whether a state of war or a threat of war, internal political in stability or any
other public emergency, may be invoked as a justification of torture. In this regard the
Special Rapporteur notes paragraph 2 of Resolution 16/23 of the Human Rights Council,
which “Condemns in particular any action or attempt by States or public officials to
legalize, authorize or acquiesce to torture and other cruel, inhuman or degrading treatment
or punishment under any circumstances, including on grounds of national security or
through judicial decisions, and urges States to ensure accountability for all such acts.” The
Special Rapporteur encourages the Government to maintain its engagement with the
mandate and urges the implementation of legal provisions which do not serve to encourage
or promote the use of torture or other ill treatment in the name of national security.
(e)
JUA 28/08/2013 Case No. BHR 6/2013 State reply: 01/10/2013 Alleged arbitrary
detention, torture, and ill-treatment of two female and one male human rights
activists.
19.
The Special Rapporteur thanks the Government of Bahrain for its reply, dated 3
December 2013, to this communication in reference to allegations concerning the arbitrary
detention, torture, and ill-treatment of Ms. Rihanna Al-Musawi and Ms. Nafeesa Al-Asfoor,
and of the arbitrary and incommunicado detention of Mr. Abas Al-Asfoor. According to the
information received, Ms. Al-Musawi and Ms. Al-Asfoor, who were protesting the
imprisonment of two other activists at the time of their arrest and were charged under the
2006 terrorism law, have been subjected to torture in detention. They were also reportedly
denied access to counsel and family visits and not extended proper judicial safeguards
during their trial, which was ongoing at the time of the communication. The Special
Rapporteur expressed grave concern about these allegations and the possibility that they
could be related to their activities in defense of human rights and reveal a recent consistent
pattern of targeting women protesters. In its reply, the Government stated that Ms. AlMusawi and Ms. Al-Asfoor were arrested on the premises of the Bahrain International
Circuit (Formula One) after their suspicious behavior led to a police search, which found
that Ms. Al-Asfoor had placed a cotton pillow inside her clothes in order to appear
pregnant. The Government further stated that on the same day, the women confessed to
having considered detonating a homemade bomb at a Formula One event. The Government
submits that two days after their arrest, both women were questioned by the public
prosecutor in the presence of lawyers, admitted to some of the charges brought against
them, and were examined by forensic physicians who determined that they showed no signs
of injury contemporaneous with the time of their arrest. The Government explained that
they were subsequently detained for a period of 60 days, which was renewed in September
2013. With regards to Mr. Al-Asfoor, the Government submits that he was also detained
and charged under the terrorism law after Ms. Al-Musawi and Ms. Al-Asfoor mentioned his
name during questioning. While the Special Rapporteur appreciates the State’s reply, he
notes that it does not address the allegations of torture and mistreatment or Ms. AlMusawi’s allegations that her testimony to this effect was not properly recorded in the trial
record, nor does it explain what investigation, if any, was conducted into them. In this
context, the Special Rapporteur reminds the Government of its obligation to protect the
right to physical and mental integrity of all persons, which is set forth inter alia in the
Universal Declaration of Human Rights (UDHR), and the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). In this context, the
Special Rapporteur draws attention to paragraph 1 of Human Rights Council Resolution
16/23 which “[c]ondemns 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 non-derogable prohibition of torture and
other cruel, inhuman or degrading treatment or punishment.” The Special Rapporteur
further reiterates article 12 of the Convention Against Torture, which requires the
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