After Report of the Bahrain Independent Commission of Inquiry: Situati

محروم.كوم · #1 12-28-2011, 05:10 PM

28-12-11 02:58 PM

22 Dec 2011

Bahrain Center for Human Rights continues to receive appalling information about the prisoners’ condition at Bahrain Central Prison (Jaw), and infringing the standard minimum rules for the treatment of prisoners by the United Nations. The following Statement is by a prisoner who has been released recently, these information are added on the previous recent BCHR reports (Report of November 2011) and (Report of August 2011), which indicates the urgent need to open the prison’s doors for the independent commissions to come up with binding recommendations to the Government of Bahrain to halt the deterioration situation of the prisoners. According to BCHR information, the harassment has increased after launching the Independent Commission of Inquiry Report, and despite the announcement of the Red Cross intention to visit the prisons.

The Prisoner’s Statement:

“Reforming and Rehabilitation Department (Jaw prison) is the central prison in Bahrain, where prisoners (criminal and politicians alike) suffer from the most extreme conditions. They are neglected and tortured as revenge especially the prisoners from the Shia Sect. The prisoners have no one to turn to and raise their complaints or grievances, due to the officers' domination on everything. Moreover, telling their relatives does not make any difference because the situation in the country cannot be resorted to the newspapers or anyone that could bring the offenders to justice.

Bahrain’s weather consists of two main seasons, summer which is flaming hot and a cold winter. In the flaming hot summer, the prisoners feel as if they were standing under the sun without shadows. There are air conditioners in prison, but because these air conditioners are outdated and not repaired, "also as a punishment" the prisoners sleep in hot weather, so hot that they sweat in their clothes and sleeping mattresses until clothes become wet with water. The impact of this is very bad on their health. Water in the baths is very hot and many of them do have any ventilation window, making the bathroom like a sauna. When prisoner enters to path and to clean himself he comes out sweating with no benefit. In addition, lack of movement in a hot closed place cause psychological state of suffocation because of the heat.

On the cold season, where detainees cannot escape from its chilliness, they are not allowed to get warm clothes from their families and the cells are not warm enough to protect them.
Also, personal hygiene items are not allowed. However, room toiletries were allowed to get to the prisoners recently, yet it depends on the guards’ mood to allow it or not.

Furthermore, prisoners are prevented from getting anything related to their religious believes like (Turba Husseiniya “the soil used in the Shiite prayer”) and books; there is a rule that states two books for each prisoner. Yet, the prisoner does not get his books until it gets approved. Even worse, they barred the call to prayer and arranging for Jumaa prayer. And whoever opposed gets beaten or detains in a solitary.

As for the patients, the clinic has one general doctor, dentist and psychiatrist for more than a thousand prisoners, and is barred from going to outside clinics which was allowed before 14th February, 2011. Other patients who have appointments in outside governmental hospitals are neglected and not taken to their appointments. Bahrain is well known for its hereditary diseases (Sickle Cell Anemia and G6PD). Although these patients should avoid certain foods (legumes), the prison does not provide a special menu for them. Also, there are lots of people suffering from Hepatitis, which can be cured but the prison’s administrators have been ignoring it for ages. Even more, they keep the prisoners in unclean environment. (BCHR documented cases of prisoners who have serious injuries like losing their eyes and cannot get medical care in the prison. Furthermore, BCHR continues to receive more information about other prisoners who were shot with bullets and left without medical care.)

Newspapers are allowed, unless it has a significant internal political issue, Alwasat which is the only independent newspaper is not allowed. Radio, is no longer allowed because it broadcasts the world voice. When it comes to the Television, all channels are deleted including Shiites channels, except Bahrain TV. Weekly phone calls got reduced and visiting time got shorten for the same reason.

The cells are adopted for sleeping only, but the prisoners spend more than 20 hours in it causing them illness and deterioration in their health. They cannot see each other and take an advantage of the facilities (TV, yard, and library) and cannot follow up with the management department about their own affairs because they spend most of the time in the cells. (According to the information BCHR has received, the period the prisoners spend outside the cell got reduced from 4 to 2 hours daily after launching the independent Commission of Inquiry Report).

Water heaters are not enough comparing to the prisoners number. Some buildings do not have heaters like (building No.2 Ward 3), which is considered as daily torture to the prisoner in winter. Also, the prisoners are crammed in the cells and due to the lack of beds some are forced to sleep on the floor.

Building 2 has 2 Wards (250 prisoners approximately) and no bathrooms. During the National Safety period, the prisoners were not allowed to use the bathrooms and got beaten while taking them out to use it. Now, since the cells are locked prisoners wait for the guards to open it, not to mention the dirtiness of the cells.

It’s the prisoner’s right to get exemption of the quarter period if he behaved well, however, it’s in the judge’s hand mainly. But now, it is in the hand of the officers and the police to fabricate any charge to ensure that the prisoner doesn’t get out. This kept lots of prisoners (mostly criminal) silent about their rights because they often threaten to lose the exemption. (BCHR has received information about some political detainees who have been detained since 2008 and 2009 have not been released yet because they were debarred from this exemption).

All above and more is a grave violation against detainees rights; even worst they are still subjected to physical torture. [Check BCHR previous report on torture at the prison]”

-End of the statement –

In addition, the Center has received more information about some political prisoners who got attacked because they were exercising their religious rites in their cells. Mahdi Abu Deeb president of Bahrain Teachers Association was handcuffed and abused due to reading a prayer out loud in the cell, and his fellow Mr. Mahdi Musawi was beaten for the same reason. Mahdi was interrogated by the prison administration, and when he told his family about it over the phone he got harassed even more. Mahdi Abu Deeb medicine which regulates his heart beats was not provided to him, though it has finished days ago, he could not even see a doctor after days of waiting.

BCHR believes that the continued ill-treatment in the prison is the result of lack of regular monitoring from independent bodies. It is noteworthy that Bahrain has not yet ratified the Optional Protocol to the Convention against Torture, because it requires that there be a standing committee to visit the prisons and that the visits could be sudden.

The Bahrain Center for human rights (BCHR), emphasizing the stipulated in international conventions concerning the protection of persons subjected to detention and imprisonment, in particular that " All persons under any form of detention or imprisonment shall be treated in a humane manner and with respect for the inherent dignity of the human person. ", the Centre urges upon the Bahraini authorities and all relevant prompt action to ensure the rights of detainees and prisoners in Bahrain, particularly in Jaw Central Prison, including:

1. Regular and sudden inspection of prisons and places of detention by representatives of the competent international organizations in addition to independent local organizations and authorities with qualified inspectors with experience and honest. Also, to reform the situation and to prosecute those involved in any violations and to punish or isolate delinquent administrative authorities.

2. Full compliance with article 31 of "the standard minimum rules for the treatment of prisoners" issued by the United Nations, which stipulates that: "Corporal punishment, punishment by placing in a dark cell, and all cruel, inhuman or degrading punishments shall be completely prohibited as punishments for disciplinary offences." Basic principles for the treatment of prisoners recommends that:
"Efforts addressed to the abolition of solitary confinement as a punishment, or to the restriction of its use, should be undertaken and encouraged."
Under "standard minimum rules" in article 29 that "The following shall always be determined by the law or by the regulation of the competent administrative authority:
( a ) Conduct constituting a disciplinary offence;
( b ) The types and duration of punishment which may be inflicted;
( c ) The authority competent to impose such punishment."
Article (30) States that "No prisoner shall be punished unless he has been informed of the offence alleged against him and given a proper opportunity of presenting his defence. The competent authority shall conduct a thorough examination of the case." Where article (33) states that "Instruments of restraint, such as handcuffs, chains, irons and strait-jackets, shall never be applied as a punishment."

3. Separating prisoners according to the nature of their cases. According to article (63) of the "standard minimum rules": "The fulfilment of these principles requires individualization of treatment and for this purpose a flexible system of classifying prisoners in groups; it is therefore desirable that such groups should be distributed in separate institutions suitable for the treatment of each group.”
According to the article (67/a): "The purposes of classification shall be to separate from others those prisoners who, by reason of their criminal records or bad characters, are likely to exercise a bad influence;"
In the article (68): "So far as possible separate institutions or separate sections of an institution shall be used for the treatment of the different classes of prisoners."
In paragraph (2) of article (63) "These institutions need not provide the same degree of security for every group."

4. Improve daily living conditions as article (60) of the "standard minimum rules" states that: "The regime of the institution should seek to minimize any differences between prison life and life at liberty which tend to lessen the responsibility of the prisoners or the respect due to their dignity as human beings."
Article (10) provides that: "All accommodation provided for the use of prisoners and in particular all sleeping accommodation shall meet all requirements of health, .. and particularly to cubic content of air, minimum floor space, lighting, heating and ventilation."

5. Providing prisoners with written information on the regulations applicable to them, and ensure their right to complain. It must be in accordance with article 36 of the "standard minimum rules": "Every prisoner shall be allowed to make a request or complaint, without censorship as to substance but in proper form, to the central prison administration, the judicial authority or other proper authorities through approved channels. .., every request or complaint shall be promptly dealt with and replied to without undue delay.".

6. To ensure the rights of prisoner regarding contact with the outside world with respect to access to his family and friends, as stipulated in article (37) of the "standard minimum rules". It must be in accordance with article (39) "Prisoners shall be kept informed regularly of the more important items of news by the reading of newspapers, periodicals or special institutional publications, by hearing wireless transmissions, by lectures or by any similar means as authorized or controlled by the administration.", and with the development of media it’s done through radio and television stations as well.

7. Providing books to prisoners pursuant to article 40 of the "standard minimum rules" states that "Every institution shall have a library for the use of all categories of prisoners, adequately stocked with both recreational and instructional books, and prisoners shall be encouraged to make full use of it." And allow prisoners to bring such books. As article (42): "every prisoner shall be allowed to satisfy the needs of his religious life .. and having in his possession the books of religious observance and instruction of his denomination.".

According to the article (77): "Provision shall be made for the further education of all prisoners capable of profiting thereby, including religious instruction in the countries where this is possible. The education of illiterates and young prisoners shall be compulsory and special attention shall be paid to it by the administration." and article (78): "ecreational and cultural activities shall be provided in all institutions for the benefit of the mental and physical health of prisoners."

8. To ensure that the eligibility of prison staff, in accordance with article (46) of the "standard minimum rules": "The prison administration shall provide for the careful selection of every grade of the personnel, since it is on their integrity, humanity, professional capacity and personal suitability for the work that the proper administration of the institutions depends.”
Article (50): "The director of an institution should be adequately qualified for his task by character, administrative ability, suitable training and experience. He shall devote his entire time to his official duties and shall not be appointed on a part-time basis."

9. Every prison officer should report any violation or breach he is aware of. Where the principle (7) of the body of principles for the protection of all persons subjected to detention and imprisonment that: "Officials who have reason to believe that a violation of this Body of Principles has occurred or is about to occur shall report the matter to their superior authorities and, where necessary, to other appropriate authorities or organs vested with reviewing or remedial powers."

10. Bahrain must sign the Optional Protocol against Torture, which involved that there will be a standing committee to visit the prisons and that the visits could be sudden, a practical step that will prove the seriousness of Bahrain to improve prison conditions.

Finally, Bahrain Centre for human rights (BCHR) urges Bahraini authorities and bodies concerned with human rights in Bahrain for the release of all prisoners who have been arrested or sentenced for reasons relating to the exercise of the freedoms and fundamental rights.

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