A/HRC/34/54/Add.3
expeditiously cooperate with the mandate issued by the Human Rights Council in its
resolution 25/13.
33. In the absence of information to the contrary, the Special Rapporteur concludes that
there is substance in the allegations presented in the initial communication, available via
the link above, and is therefore of the view that the Government of Bahrain, by
subjecting Mr. Ebrahim Karimi to prolonged solitary confinement and making verbal
threats against his son; threatenening Mr. Husain Ali Isa Mahdi with electrocution, and
hanging him while beating his hands and feet in the so-called “falaqa” position; and
threatening Mr. Ali Ebrahim al Heli with physical violence until he confessed to an act
that led to his conviction, has violated their right to be free from torture or cruel,
inhumane or degrading treatment, as provided by article 1, 2, and 16 of the Convention
Against Torture (CAT).
34. The Special Rapporteur highlights the Basic Princples for the Treatment of
Prisoners which stresses that “all prisoners shall be treated with the respect due to their
inherent dignity and value as human beings” (General Assembly resolution 45/111) .
The Special Rapporteur further stresses that “solitary confinement is a harsh measure
which may cause serious psychological and physiological harm" and finds that
prolonged or indefinite confinement "to be contrary to one of the essential aims of the
penitentiary system, which is to rehabilitate offenders and facilitate their reintegration
into society” (A/66/268, para. 79).
35. In his interim report to the General Assembly of 5 August 2011 (A/66/268), the
Special Rapporteur defined solitary confinement, in accordance with the Istanbul
Statement on the Use and Effects of Solitary Confinement, as the physical and social
isolation of individuals who are confined in their cells for 22 to 24 hours a day. He
observed that while solitary confinement for short periods of time may be justified
under certain circumstances, with adequate and effective safeguards in place, the use of
prolonged (in excess of 15 days) or indefinite solitary confinement may never constitute
a legitimate instrument of the State, as it may cause severe mental and physical pain or
suffering, a point which has been reiterated in paragraph 28 of the General Assembly
resolution 68/156. The Special Rapporteur strongly urges the Government of Bahrain to
protect the rights of individuals to be free from torture or cruel, inhuman or degrading
treatment and comply with its international legal obligations under the CAT.
JUA 04/07/2016 Case. No. BHR 3/2016 State Reply: 22/07/2016 and 15/08/2016
Allegations concerning the arbitrary arrest, detention, and charges brought
against Mr. Nabeel Rajab, a human rights defender who has been repeatedly
arrested and has served several prison sentences as a result of his human rights
work and for leading a pro-democracy uprising in 2011.
36. The Special Rapporteur thanks the Government of Bahrain for its replies, dated 22
July 2016 and 15 August 2016, to the present communication, available via the link
above.
37. The Special Rapporteur notes with concern the information provided by the
Government that the Office of the Public Prosecutor arrested Mr. Rajab following a
communication from the police to the effect that he had published and disseminated
false and biased news, statements, and rumours about the regime in the Kingdom –
including that it pursues a policy of repression and intimidation and of arresting
opponents, commits the crimes of murder, torture, and sectarianism – which
compromised the dignity and prestige of and undermined confidence in the Kingdom.
He further takes note of the information that investigations and legal proceedings
against Mr. Rajab are still pending; that Mr. Rajab was placed alone in a three-bed cell
11
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