Foreign Ministry responds to Amnesty International's report

The Ministry of Foreign Affairs released a report entitled "The Legal protection of Human Rights- Achievements and Challenges" today, to respond to all of Amnesty International's allegations in its report on the human rights situation in the Kingdom of Bahrain published last September. Amnesty International's report contains false allegations and interpretations of what it called "suppression of the opposition".

The Ministry of Foreign Affairs said in its report that Amnesty International as a human rights organisation should review with the authorities concerned the information rather than adopt false allegations and interpretations based on false information from vague sources, especially since the Kingdom of Bahrain has often been keen to cooperate with and respond to non-governmental organizations. It would be detrimental to the Organization to adopt its report as a method that deviates from a careful human rights concern and is confined to unfounded negative allegations.

The report of the Ministry of Foreign Affairs confirms Bahrain's pride in its human rights record and clearly demonstrates the protection of human rights from the constitutional and legislative provisions that protect these rights, in addition to its adherence to most of the basic human rights conventions like the International Covenant on Civil and Political Rights and the United Nations Convention on the Rights of the Child.

The Ministry of Foreign Affairs said that the Kingdom of Bahrain recognizes the process of promoting respect for and protection of human rights, a process that is free of challenges and difficulties. Therefore, the Kingdom of Bahrain is making every effort at all levels to promote and protect human rights in spite of all challenges, including external interference in its affairs and sovereignty, the increase of sectarian and extremist dangers, regional conflicts, intolerance, terrorism and violations of the right of citizens and residents to live in safety, including security officers who are targeted in the course of their duty to protect the homeland. These terrorist acts violate the right to live in safety and impede efforts to ensure stability and inclusive development.

The Kingdom of Bahrain seeks, in accordance with the law, to confront and deal with these acts while safeguarding human rights by providing national protection mechanisms that monitor the respect of national laws and institutions without prejudice to individual rights in social, political and civil rights, these mechanisms have become an important factor in activating the legislative provisions and working to respect them.

In its report, the Ministry of Foreign Affairs stated that international non-governmental organizations, including human rights organizations, should contribute positively to building a global environment conducive to comprehensive development in the economic, social, political, legal, industrial, technology transfer, health care, child care, environmental risks and other fields to achieve International cooperation and the noble purposes of the Charter of the United Nations.

The expected role of international human rights NGOs is to act in good faith and in a credible manner based on the proper and impartial collection of information, leaving aside the political movement associated with the hostile interventions of some States and associated terrorist organizations, especially as these States and associated terrorist organizations are mentioned within the United Nations system as well as many countries of the world. Thus, it is necessary to distinguish between movement and rights claims and the violation of national law and the spread of hatred and attempt to encapsulate terrorist acts and political fronts with a human rights approach that is far from it.

Amnesty International reported that investigators from the organization investigated alleged human rights violations during the period from June 2016 to June 2017. The Organization did not mention its method of verifying the credibility of its sources, and the objective indicators it had set for itself in reading media reports or other references. In its methodology, it spoke about the Organization examining information submitted by the competent Bahraini authorities through correspondence between the organization and the official Bahraini authorities, and public statements issued by the authorities, without specifying the statements issued by these authorities and their content.

The Ministry of Foreign Affairs’ report said that Amnesty International sought to collect information on allegations of human rights violations, stressing that there was a severe lack of access to credible information, away from the political movement associated with extremists and resulting in terrorist acts. It is striking to refer to the killing of some demonstrators and not to use the same description for members of the security forces. It is also important that Amnesty International direct its correspondence to the Ministry of Foreign Affairs, as it is the official body entrusted to follow up on human rights issues and a point of convergence of the efforts and interventions of the relevant Bahraini official bodies.

The Ministry of Foreign Affairs stated in its report that since September 2016, the Assistant Foreign Minister has sought to meet with the Secretary General of Amnesty International in order to build the communication channel between the Ministry of Foreign Affairs and Amnesty International following the assignment of this file to the Ministry of Foreign Affairs since 2015, ant to contact and identify the working group concerned in the Gulf region and Bahrain in particular, in addition to assessing the course of cooperation between the two sides and ways of developing it.

With regard to Amnesty International's request to visit the Kingdom of Bahrain, the Ministry of Foreign Affairs said that this is an important part of the topics to be discussed at the meeting requested by the Ministry of Foreign Affairs of the Kingdom of Bahrain with the Secretary General of Amnesty International since September 2016. As for inviting other NGOs to visit, It is for the Kingdom of Bahrain to consider inviting such organizations as it sees fit in a timely manner.

The Ministry explained that the methodology adopted by Amnesty International needs an amendment that establishes a credible cooperation that reflects positively on the development and promotion of human rights in the Kingdom of Bahrain.

As for Amnesty International's recommendations on freedom of expression and arbitrary detention, the Ministry of Foreign Affairs stated in its report that the Public Prosecution of the Kingdom of Bahrain performs its duties in the criminal case with full objectivity and in full compliance with the provisions of the law. No one is accused for exercising political activity established by the Constitution and the law, unless an offense is expressly committed by law.

The Ministry confirmed that after examining the legal status of the prisoners referred to in the report, it was found that they had been convicted under final judicial rulings in criminal cases unrelated to human rights and after a trial that met all standards of justice and transparency. On the subject of the recommendation, "Immediately stop harassment and targeting of human rights defenders," the report contained general and ambiguous terms that were not specific to the Ministry so that the Ministry could respond.

The Ministry explained that legal means have been provided to ensure criminal and disciplinary accountability for those charged with committing acts of torture or cruel or degrading treatment. The Public Prosecution of the Kingdom of Bahrain has affirmed its keenness to confront these facts as provided by the law and to conduct them in criminal liability, extending to the determination of disciplinary responsibility, which is followed when this responsibility is established by one of the employees of government agencies, whatever his degree or rank. Accordingly, the Special Investigation Unit referred many cases to the competent governmental authority to try those found guilty of omission or disciplinary negligence, In addition to what is referred to the competent criminal courts in the light of criminal responsibility.

As for the shutdown of Al-Wasat newspaper, the report of the Ministry of Foreign Affairs stated that the legal procedures to suspend the issuance of Al-Wasat newspaper in June 2017 came as a result of the newspaper’s repeated violations to the Law of Press, Printing and Publishing of 2002, and the national and international press and media covenants, through its involvement in spreading rumors and false news that would incite sectarian hatred, racism and harm the Kingdom's relations with fraternal and friendly countries, and serve extremist organizations in in light of the violence and terrorism taking place in the Kingdom. The most notable violations that took place in the three last years, and the procedures taken against them are as follows:

1. February 2015: A warning was issued to the newspaper by the authority concerned regarding the newspaper’s publishing of an article on February 17, 2015, that violated the dignity of persons and violates the law.

2. August 2015: A warning was issued to the newspaper regarding an article by one of its authors "And will not be satisfied with you."

3. August 2015: Suspension of the newspaper printing and publishing due to its repeated publication to articles that promote discrimination in society.

4. January 2016: A letter was sent to the newspaper to stop broadcasting and displaying video news on its website, for violating the law.

5. May 2016: The newspaper was notified not to hamper the interests of the country and the Kingdom of Saudi Arabia, and not to publish any news that may affect relations between the two countries.

6. September 2016: A letter was sent to the newspaper to stop the publication and circulation of the book (Al-Khamis Mosque) due to the inaccurate historical information it included.

7. A warning was sent to the newspaper regarding its broadcast of a news that addressed doctrinal terms that can stir up division and undermine the religion.

8. January 2017: The website of Al-Wasat was suspended for three days for news that affects national unity.

In the past years, the Public Prosecution, under Article 80 of the Press, Printing and Publishing Law, has summoned a number of Al-Wasat authors to question them after publishing news and reports that would stir sectarian divisions, threaten national security, incite hatred and disregard laws. Opinion articles that included violations were published in the newspaper 4-6 times a month. Accordingly, on 4 June 2017, the publication and circulation of Al Wasat newspaper was suspended, due to its violation of the Press, Printing and Publishing Law and its repeated publication of contents that can stir division in the community and affect the relations of the Kingdom of Bahrain with other countries. The newspaper’s board of directorate then voluntarily laid off its employees, before shutting down.

As for Amnesty International's recommendation on freedom of assembly, the report of the Ministry of Foreign Affairs stressed the keenness of the Ministry of Interior of the Kingdom of Bahrain to ensure that there is no prohibition on the exercise of the right to peaceful assembly and that the exercise of this right is in accordance with legal provisions to ensure the safety of participants of these gathering and marches, and to maintain public order and morals as well as protect the rights and freedoms of others, according to Decree-Law No. (32) for the year 2006, that amended certain provisions of Decree-Law No. (18) of 1973 on public gatherings and rallies. The Ministry of Interior of the Kingdom of Bahrain affirms that all persons arrested, including those mentioned in the report, were arrested in accordance with legal procedures and not for their exercise of their right to expression or for any other reason related to human rights.

Regarding the allegations of the use of force, torture and other ill-treatment, the Ministry of Foreign Affairs stated that, in accordance with the decision of the Attorney-General of 2012, the Special Investigation Unit of the Kingdom of Bahrain operates independently in the Public Prosecution. Its legal practices shall be exercised under the power of its Chairman, and the Attorney-General shall supervise its work with administrative oversight. The Unit is responsible for the investigation and prosecution of all allegations of murder, torture and ill-treatment attributed to persons in leading positions, whether they were civilian and military, who are under "command responsibility in accordance with international standards.

The General Secretariat Ombudsman was also established, which is an administratively and financially-independent body in the Ministry of Interior. The Ministry of Interior has also established a new Directorate of Internal Investigations, which is responsible of examining complaints related to allegations of wrongdoing by any members of the public security forces. It has also issued the Code of Conduct for Policemen under Ministerial Resolution No. 14 of 2012. It is derived from the best international practices and codes of conduct for law enforcement officials of the United Nations. Ministerial Decree No. 24 of 2014 was issued to promulgate the Basic Principles on the Use of Force and Firearms, in line with the basic principles on the use of force and firearms by law enforcement officials of the United Nations.

With regard to allegations of arbitrary deprivation of nationality and forced deportation, the Ministry of Foreign Affairs stated that the deprivation of nationality occurs in accordance with the Constitution of the Kingdom of Bahrain and is only in accordance with the mechanism provided by the law - a Royal Decree - either on the basis of judicial decisions or upon the order of the Minister of the Interior after receiving the approval of the Cabinet. The Ministry referred to the right to appeal against the decision to revoke citizenship by persons involved before the Bahraini judiciary in accordance with legal procedures.

The Ministry of Foreign Affairs affirmed that the Government of the Kingdom of Bahrain has compensated victims of human rights violations. The Government adopted the civil settlement initiative to compensate the victims of the events of February and March 2011 upon the proposal of the National Committee that was established to follow up on the recommendations of the report of the Independent Commission of Inquiry. Those who do not accept the consensual settlement are allowed to resort to the civil courts, and this does not affect criminal accountability at all. The Civil Settlement Office initiated compensation in 52 cases, including 35 cases listed in the report of the Bahrain Independent Commission of Inquiry, in addition to 17 other cases outside the report, which the Office considered compensating. The approved budget for the total compensation was (BD3,120,000) three million and one hundred and twenty thousand Dinars, which is more than ($8.296.000) eight million two hundred and ninety-nine thousand dollars, for all cases approved by the Committee for compensation. The amounts were given to those who accepted civil settlement.

As for the cases of injury, the Office considered the applications to the Civil Settlement Office, which has begun to examine and determine the eligibility for compensation. The final report of these cases included the percentage of injuries. Accordingly, a total of (BD332,000) three hundred and thirty-two thousand Bahraini Dinars were paid for (49) cases of injury, equivalent to around ($882.788) eight hundred and eighty-two thousand and seven hundred and eighty-eight dollars.

Source: BNA