A/HRC/48/28
only pursue the case on grounds of infringement of article 325 of the Criminal Code (crimes
against the prestige of the institutions), which is a minor crime and does not imply
imprisonment. At the time of writing, the case is pending for a judgment.
2.
Bahrain
5.
The case of Mr. Hassan Mushaima, the former Secretary of the main opposition
group Haq Movement for Liberty and Democracy, who was imprisoned and sentenced to
life, was included in the 2012 and 2011 reports of the Secretary-General86 following his
engagement with the UN human rights mechanisms, including the Human Rights Council
and the Committee against Torture. Special procedures mandate holders addressed his
situation on multiple occasions,87 to which the Government has replied,88 indicating that Mr.
Mushaima, amongst others, formed part of a “terrorist cell.” The Government has provided
information on his situation including on access to health care, family visits and books, most
recently in November 2019.89
6.
According to information received by OHCHR, as of May 2021 Mr. Mushaima
remains in Jau Prison with severe underlying health conditions and is routinely denied access
to adequate medical care by prison authorities. During the reporting period, serious concerns
have been raised, including by the High Commissioner for Human Rights, 90 on the worsening
of the situation in Bahrain prisons due to the COVID-19 pandemic. In this context, it is
reported that Mr. Mushaima is at a higher risk of contracting COVID-19, in particular due to
his age (73 years old) and his severe health conditions.
7.
The cases of Mr. Abdulhadi Al-Khawaja and Mr. Abduljalil Al-Singace were
included in the 2012 and 2011 reports of the Secretary-General on allegations of reprisals
following their engagement with several UN bodies and mechanisms, including the UPR and
the treaty bodies. 91 Mr. Al-Khawaja is a human rights defender and former Protection
Coordinator of Frontline Defenders as well as former President of the Bahrain Centre for
Human Rights (BCHR). In 2012, the Working Group on Arbitrary Detention found the
detention of Mr. Al-Khawaja arbitrary (Opinion No. 6/2012).92 Mr. Abduljalil Al-Singace
was the Director and Spokesperson of the Human Rights Bureau of the Haq Movement for
Civil Liberties and Democracy. Special procedures mandate holders have addressed his
situation on multiple occasions. Mr. Al-Singace has a disability and requires the use of a
wheelchair, addressed by special procedures mandate holders on several occasions 93 and to
which the Government has provided several replies.94
8.
On 3 May 2021, special procedures mandate holders addressed concerns about
arbitrary detention and sentencing of Mr. Al-Khawaja and Mr. Al-Singace, carrying prison
sentences of 10 years or more in connection to their human rights work, as well as allegations
of torture, ill treatment and poor conditions of detention. Mandate holders noted that Mr. AlKhawaja’s health continues to deteriorate while in prison and he has reportedly been denied
86
87
88
89
90
91
92
93
94
A/HRC/21/18, paras. 51, 53; A/HRC/18/19, paras. 15–16, 23.
BHR 2/2007; 3/2011; 4/2011; 17/2011; 4/2012; 5/2014, and 1/2019.
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=30287;
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=30648;
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=30187;
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=30864.
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=34961.
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=27042&LangID=E.
A/HRC/21/18, paras. 53-54; A/HRC/18/19, paras. 16–19, 20–21, 24.
BHR 3/2012; 18/2011; 17/2011; 9/2011; 5/2011; 4/2011; 2/2009; 2/2007; 6/2005.
BHR 1/2019, 5/2016, 18/2011, 4/2011, 7/2010 and 5/2010.
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=34960;
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=2110;
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=30543;
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=30544;
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=30542;
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=30545;
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=30187.
49