The following is based on a communication written by the UN Special Rapporteur on Human Rights Defenders and other UN experts to the Government of Bahrain on 8 May 2024. The communication remained confidential for 60 days before being made public, giving the Government time to reply. The Government replied on 28 June 2024, which was recently translated and made publicly available. In its response, the Government refuted the allegations and said complaints of “beating and insults” continued to be investigated.
At the time of publication, the cases against Hashem al-Wadaei are still outstanding.
This is a shorter version of the original communication.
BACKGROUND
Topic: the arrest, ill-treatment and detention of Mr. Hashem al-Wadaei.
Mr Hashem al-Wadaei is 20 years old Bahraini national, son of Ms. Hajar Mansoor and brother-in-law of Mr. Sayed Ahmed Mustafa Mohamed al-Wadaei, both well-known human rights activists. He is also a second-year student at the University of Bahrain, College of Health and Sports Sciences.
Mr. Sayed Ahmed Mustafa Mohamed Ali al-Wadaei is a Bahraini human rights activist who participated in the 2011 mass pro-democracy demonstrations in Bahrain, and the director of advocacy at the Bahrain Institute for Rights and Democracy (BIRD). Ms. Hajar Mansoor is a prisoner of conscience and the mother-in-law of Sayed Ahmed al-Wadaei.
Mr. Sayed Ahmed Mustafa Mohamed Ali al-Wadaei and his family have reportedly faced continuous intimidation by the Bahraini authorities in relation to his work as a human rights defender. His Bahraini citizenship was revoked in 2015. Mr. Sayed Ahmed Mustafa Mohamed Ali al-Wadaei is currently residing outside the country from where continues his activities directed at human rights protection in Bahrain.
ALLEGATIONS
On 22 February 2024, Mr Hashem al-Wadaei was reportedly arrested following a house raid and his personal belongings and electronics were confiscated. The raid allegedly involved over 20 security vehicles surrounding his family home in A’ali, Northern Governorate in Bahrain, at around 1.15 a.m. Bahrain local time, allegedly without showing either a house search or arrest warrant despite repeated requests by Mr. al-Wadaei’s family members.
During his transfer in the police vehicle, Mr. al-Wadaei was allegedly subjected to physical and verbal abuse. He was immediately blindfolded and repeatedly beaten in the police vehicle. He was slapped in the face, punched in the stomach and verbally abused, with an officer cursing him and his mother and pulling him by the hair. He was on the bus for about four hours, and each time officers raided more houses and arrested more individuals, he was also beaten. He remained blindfolded the entire time.
At about 6 a.m., he was taken to al-Qalaa, where his blindfold was removed, and he was reportedly beaten again. Following a medical check at al-Qalaa, he was transferred to the Central Investigation Department (CID) in Adliyya.
At 2 p.m. the same day, he was subjected to a harsh interrogation without the presence of his lawyer. During many of these interrogations, he was blindfolded. Around midnight, he was taken to Al-Hidd Police Station.
On 23 February 2024, at approximately 10 a.m., he was taken to CID again and subjected to a full-day of interrogations, often blindfolded and repeatedly threatened.
Mr. Hashem al-Wadaei reportedly told his family that he had filed a complaint with the office of the Ombudsman and stated that “all the cases against [him] [were] fabricated.”
On 24 February 2024, Mr. al-Wadaei was reportedly interviewed at the office of the Public Prosecution, in the presence of his lawyer, where he told the head of the Counterterrorism Unit, that he had been subjected to ill-treatment after his arrest and forced to confess at the CID under coercion, acts that he denied in the presence of his lawyer.
On 29 February 2024, the public prosecution reportedly extended his detention for 14 days pending investigation on allegations of unlawful gathering related to three protests held on 20 October 2023, 26 October 2023, and 2 February 2024.
From his arrest on 22 February 2024 until 4 March 2024 (12 days), Mr. al-Wadaei was allegedly prevented from receiving or purchasing clean clothes and hygiene products or bathing.
Furthermore, his health reportedly deteriorated when he experienced severe stomach pain, leading to his transfer to the prison clinic on 28 February 2024.
Mr. al-Wadaei was detained without official charges and allegedly faced ill-treatment at Dry Dock Prison. He had subsequently been released on 8 April 2024, but it is unclear if any charges against him are pending or if was indicted.
CONCERNS
In the communication, we reiterate our alarm at the arrest without warrant and ill-treatment that Mr. al-Wadaei was allegedly subjected to while in detention. We also wish to reiterate our concern at the allegations of denying him the right to receive clothes or purchase hygiene products and bathe for at least one week after his arrest. We are further concerned about the allegations that Mr. al-Wadaei may have been targeted due to his family ties with Sayed Ahmed al-Wadaei.
We are moreover concerned that these measures apparently aim to intimidate and impair the human rights activities of Mr. Sayed Ahmed Mustafa Mohamed al-Wadaei, and that they may have occurred, at least in part, in reprisal for Mr. Sayed Ahmed Mustafa Mohamed al-Wadaei’s cooperation with the human rights mechanisms of the United Nations, in particular his attendance to the 34th session of the Human Rights Council.
