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Appendix
Letters to the Government of Bahrain: October 22, 2009 and December 8, 2009
October 22, 2009
Brig Ibrahim al-Ghaith
Inspector-General
Ministry of Interior
Manama
By fax: +973 17 277 455
Dear Brig. al-Ghaith,
I hope this letter finds you well. As you are aware from our meeting in June, Human Rights Watch has been investigating allegations of torture and other serious abuse by individuals held in official custody on security-related charges in the period between December 2007 and April 2009. At the conclusion of our meeting it was suggested that I should address further inquiries and concerns to you.
As I mentioned at the time we met, my colleague and I spoke with numerous individuals who had been among those detained in connection with the Jidhafs clashes of December 2007 (the Jidhafs case), the fire allegedly set on the property of Shaikh Abd al-Aziz Attiyatallah Al Khalifa near the village of Karzakhan in April 2008 (the Karzakhan case), and the group, detained in December 2008 on charges that they had received arms and explosives training in the Syrian town of al-Hujaira (the al-Hujaira case).
We also met with government officials, including yourself, in order to obtain the views of the government on this matter. In addition, we reviewed documents, including Ministry of Health reports and court papers, pertaining to the question of alleged abuse in detention.
As a result of our inquiry, we feel we have credible allegations, in some cases supported by documentary evidence, that Bahraini security forces employed a variety of techniques against detainees during the period under consideration that amount to torture or cruel, inhuman or degrading treatment. These abusive techniques include the use of electro-shock weapons and devices, suspending detainees in painful positions, beating the soles of detainees’ feet, severe beatings generally, forced standing, and in several cases, threats of rape or other grave physical harm. We think you would agree that these are techniques that, when used separately or in combination, constitute torture or cruel, inhuman and degrading punishment, as defined by the UN Convention Against Torture.
These abuses, according to the persons we interviewed, took place for the most part in the compound of the General Directorate of Criminal Investigation (CID) in Adlia, and at the Short-Term Detention Center (which detainees referred to as Dry Dock because of its close proximity to the Arab Shipbuilding and Repair Yard, or ASRY). We understand that both of these sites are run by the Ministry of Interior.
We are aware of the court opinion handed down recently, on October 14, in which the court dismissed all charges against 19 defendants who were being tried on charges in connection with an alleged attack on a security forces vehicle in the Karzakhan area in April 2008, and the death of a member of the security forces. While the court raised a number of reasons for its decision, a key one was the conclusion that defendants’ confessions may have been coerced, and that the prosecution had produced insufficient evidence to convict other than the tainted confessions.
The court’s conclusion rested in part on the findings of Ministry of Health doctors contained in a September 2008 report produced pursuant to a court request. In this report, the doctors noted that of 28 examined defendants, 10 had scars consistent with physical abuse, including five who had scars on their wrists. According to the report, these scars were caused by “handcuffing this area or being hung from the ceiling as most suspects testify.” Moreover, the Ministry of Health doctors found that 12 of the defendants had bruises that could have been caused by beatings.
Ministry of Health doctors also testified in the Jidhafs case. According to court minutes, the doctors testified that there were rings or scars around the wrists of some defendants which were apparently caused by the tightening of an item around the wrists (and not from the normal use of handcuffs). The doctors also found that certain defendants had limited shoulder joint mobility and irregularities of the clavicle joint. The doctors testified that it was “probable” that these defendants had been “suspended from the ceiling.” Further, when asked how they explained the “pains, burns and scars in the same places over all the suspects’ bodies,” the doctors testified that the cause could have been the suspects’ “exposure to hanging, beating, torture or handcuffs.”
In addition, Human Rights Watch has reviewed separate reports by Bahraini government doctors regarding individual defendants in the referenced cases, which found that those defendants suffered from a range of injuries consistent with the abuse alleged by the defendants.
The use of torture and ill-treatment in order to secure confessions, or for any other purpose, would clearly violate Bahrain's obligations under international human rights law as well as Bahrain’s Constitution and national laws. Under international law, it is the responsibility of the authorities to conduct impartial and thorough investigations, and to hold accountable those found responsible for ordering or carrying out such abuse, or failing to stop it.
We will, of course, reflect the view that you and other officers expressed when we met, namely, that allegations of torture are false, and that the Ministry of Interior has a system in place to detect and punish such offences if and when they are committed.
Before publishing our findings, we solicit your comments on related matters. In particular, we ask that you respond to the following inquiries:
When we met, you stated that complaints of torture or abuse coming to your attention are investigated internally, under your authority as inspector-general, and that if warranted the person(s) alleged to be responsible would be referred to the Police Court, within the Ministry of Interior, for adjudication and possible disciplinary action. Should we understand this to mean that the Public Prosecutor refers back to the Ministry of Interior any credible allegations of torture or abuse by Ministry of Interior officials, or on Ministry of Interior premises, and that no judicial authority outside of the Ministry of Interior would necessarily investigate or adjudicate the allegations?
Is the Ministry of Interior also responsible for investigating complaints of torture or abuse made against members of the National Security Apparatus?
When we met, you stated that between July 1, 2007 and June 12, 2009, your office had completed 163 investigations, which resulted in 17 convictions. Could you please tell us how many of those investigations and convictions, if any, concerned findings of torture or abuse?
Could you indicate how many (if any) officers with the CID or other forces under the jurisdiction of the Ministry of Interior faced criminal prosecution in Bahrain’s criminal justice system, as distinct from the Police Court within the Ministry, and, if so, for what offenses?
According to my notes, Col. Muhammad Buhamad stated during our meeting that there have been no criminal investigations or convictions in connection with the complaints made by defendants in the Jidhafs, Karzakhan, and al-Hujaira cases. Could you please confirm if this remains the case?
Has the Ministry of Interior conducted any manner of investigation regarding complaints of torture or abuse made by defendants in the Jidhafs, Karzakhan and Al-Hujaira cases? If not, please explain why no such investigation has occurred. If any investigation has occurred with respect to these cases, please describe the specific investigative measures taken and the findings of such investigation.
Has the Ministry of Interior reviewed the medical reports and court minutes referenced above regarding the injuries suffered by defendants in the Jidhafs, Karzakhan and al-Hujaira cases? If not, please explain the reason(s) why no such review has occurred.
If the Ministry of Interior has reviewed the medical reports and court minutes referenced above regarding the injuries suffered by defendants in the Jidhafs, Karzakhan and al-Hujaira cases, please state whether the Ministry of Interior believes that these documents support the credibility of detainee allegations of illegal treatment. Please also indicate the basis for the Ministry of Interior’s position as to whether or not these documents constitute credible allegations of illegal treatment. Please describe the actions, if any, that the Ministry of Interior has taken in response to any review of these documents that it has undertaken.
When we met, you and your colleagues said that the consistency in the specific allegations of torture and abuse by the defendants in the Jidhafs, Karzakhan and al-Hujaira cases indicated that these defendants had together, and with their lawyers, fabricated their accounts. Is it the Ministry of Interior’s position that all of the defendants in these three cases were detained together, and shared the same legal counsel, and therefore had the opportunity to construct similar allegations? Is it the Ministry of Interior’s position that the defense lawyers in these cases conspired with the defendants with respect to the fabrication of testimony?
During our meeting you stated that the Ministry of Interior had a video of the Jidhafs events enabling authorities to identify the individual who allegedly took a weapon from a police vehicle during those events (you also played that video for me). Was this video introduced into evidence during the trial of the defendants in the Jidhafs case? What is the identity of the individual allegedly shown on the video to be taking the police weapon?
When suspects are arrested by the forces of the National Security Apparatus, are they brought to the CID compound in Adlia for questioning?
Once a suspect is brought before the Public Prosecutor, is it common for that person to be brought to the CID compound in Adlia thereafter? What determines whether a person is taken to the CID compound after visiting the Public Prosecutor or is referred to another place of detention, such as the Short-Term Detention Center (Dry Dock)?
Could you please inform us regarding the composition and responsibilities of the Police Court within the Ministry of Interior? Does it have the authority to conduct independent investigations? Is the Police Court empowered to impose custodial sentences, in addition to disciplinary measures? Are the rulings of the Police Court subject to review or appeal?
If your office were to uncover evidence that Ministry of Interior officials were responsible for ordering, condoning, or carrying out torture or abuse, would such a case be handled by the Police Court only or would it also be referred to the Public Prosecutor and the criminal justice system? We look forward to your responses to these questions and any other information you believe relevant. We would appreciate it very much if we could have your response by November 12, 2009 in order that we may reflect the government’s views in our report. Thank you in advance for your cooperation.
Sincerely,
Joe Stork
Deputy Director, Middle East division
***
October 22, 2009
His Excellency Khalid bin Ali bin Abdulla Al Khalifa
Minister of Justice and Islamic Affairs
Kingdom of Bahrain
By fax: +973 17 531 222
Your Excellency,
I hope this letter finds you well. As you are aware from our brief meeting in June, Human Rights Watch has been investigating allegations of torture and other serious abuse by individuals held in official custody on security-related charges in the period between December 2007 and April 2009.
As I mentioned at the time we met, my colleague and I spoke with numerous individuals who had been among those detained in connection with the Jidhafs clashes of December 2007 (the Jidhafs case), the fire allegedly set on the property of Shaikh Abd al-Aziz Attiyatallah Al Khalifa, near the village of Karzakhan in April 2008 (the Karzakhan case), and the group detained in December 2008 on charges that they had received arms and explosives training in the Syrian town of al-Hujaira (the al-Hujaira case).
We also met with government officials in addition to yourself, including Attorney General Ali Fadhul al-Buainain, in order to obtain the views of the government on this matter. In addition, we reviewed documents, including Ministry of Health reports and court papers, pertaining to the question of alleged abuse in detention.
As a result of our inquiry, we feel we have credible allegations, in some cases supported by documentary evidence, that Bahraini security forces employed a variety of techniques against detainees during the period under consideration that amount to torture or cruel, inhuman or degrading treatment. These abusive techniques include the use of electro-shock weapons and devices, suspending detainees in painful positions, beating the soles of detainees’ feet, severe beatings generally, forced standing, and in several cases, threats of rape or other grave physical harm. We think you would agree that these are techniques that, when used separately or in combination, constitute torture or cruel, inhuman and degrading punishment, as defined by the UN Convention Against Torture.
These abuses, according to the persons we interviewed, took place for the most part in the compound of the General Directorate of Criminal Investigation (CID) in Adlia, and at the Short-Term Detention Center (which detainees referred to as Dry Dock because of its close proximity to the Arab Shipbuilding and Repair Yard, or ASRY). We understand that both of these sites are run by the Ministry of Interior.
We are aware of the court opinion handed down on October 14, in which the court dismissed all charges against 19 defendants who were being tried on charges in connection with an alleged attack on a security forces vehicle in the Karzakhan area in April 2008, and the death of a member of the security forces. While the court raised a number of reasons for its decision, a key one was the conclusion that defendants’ confessions may have been coerced, and that the prosecution had produced insufficient evidence to convict other than the tainted confessions.
The court’s conclusion rested in part on the findings of Ministry of Health doctors contained in a September 2008 report produced pursuant to a court request. In this report, the doctors noted that of 28 examined defendants, ten had scars consistent with physical abuse, including five who had scars on their wrists. According to the report, these scars were caused by “handcuffing this area or being hung from the ceiling as most suspects testify.” Moreover, the Ministry of Health doctors found that 12 of the defendants had bruises that could have been caused by beatings.
Ministry of Health doctors also testified in the Jidhafs case. According to court minutes, the doctors testified that there were rings or scars around the wrists of some defendants, which were apparently caused by the tightening of an item around the wrists (and not from the normal use of handcuffs). The doctors also found that certain defendants had limited shoulder joint mobility and irregularities of the clavicle joint. The doctors testified that it was “probable” that these defendants had been “suspended from the ceiling.” Further, when asked how they explained the “pains, burns and scars in the same places over all the suspects’ bodies,” the doctors testified that the cause could have been the suspects’ “exposure to hanging, beating, torture or handcuffs.”
In addition, Human Rights Watch has reviewed separate reports by Bahraini government doctors regarding individual defendants in the referenced cases, which found that those defendants suffered from a range of injuries consistent with the abuse alleged by the defendants.
The use of torture and ill-treatment in order to secure confessions, or for any other purpose, would clearly violate Bahrain's obligations under international human rights law as well as Bahrain’s Constitution and national laws. Under international law, it is the responsibility of the authorities to conduct impartial and thorough investigations, and to hold accountable those found responsible for ordering or carrying out such abuse, or failing to stop it.
Before publishing our findings, we solicit your comments. In particular, we ask that you respond to the following inquiries:
When a suspect is brought before the Public Prosecutor, is the prosecutor obliged to inquire if the suspect has been subjected to torture or abuse, or is this left to the discretion of the prosecutor?
If a suspect exhibits physical evidence indicating torture or abuse, such as scars or bruises, or if the suspect alleges that he was subjected to torture or abuse, what steps is the prosecutor required to take?
Once suspects have met with the Public Prosecutor, where are they next sent? Once a suspect has been brought before the Public Prosecutor, are there any circumstances in which that person would be returned to the custody of the CID?
Does the prosecutor have the authority to determine if a criminal investigation is warranted into evidence or claims of torture or abuse? Is it necessary for the prosecutor to obtain the agreement of any other official or official body before undertaking a criminal investigation?
Officials with whom we met at the Ministry of Interior stated that complaints of torture or abuse coming to their attention are investigated internally, by the office of Inspector-General Brig. Ibrahim al-Gheit, and that if warranted the person(s) alleged to be responsible would be referred to the Police Court, within the Ministry, for adjudication and possible disciplinary action.
- Should we understand this to mean that the Public Prosecutor refers any credible allegations of torture or abuse by Ministry of Interior officials, or on Ministry of Interior premises, back to the Ministry of Interior, and that no independent judicial authority would necessarily investigate or adjudicate the allegations?
What steps is the Ministry of Justice required to take if suspects raise allegations of torture or abuse when they are brought to court?
When suspects are arrested by forces of the National Security Apparatus, to which detention site are they brought for questioning?
Is the Ministry of Justice aware of any complaints alleging abuse of those in official custody over the past two years? In particular,
- Are the authorities aware of complaints of torture or abuse raised by persons detained in or around December 2007 in connection with the Jidhafs case?
- Are the authorities aware of complaints of torture or abuse raised by persons detained in or around April 2008 in connection with the Karzakhan case?
- Are the authorities aware of complaints of torture or abuse raised by persons detained in or around December 2008 in connection with the al-Hujaira case?
- Has the Office of Public Prosecution disqualified any confessions in these cases because there were allegations and/or evidence that they had been coerced? If so, could you indicate the number of confessions so disqualified and the identity of the individuals whose confessions had been disqualified?
Former detainees with whom we spoke identified the following individuals as complicit in ordering, condoning, or directly taking part in the torture or abuse of suspects: Isa al-Majali; Badr Ibrahim al-Ghaith; Fahd Fadalah; Yusuf al-Arabi; and Bassam al-Muraj. Has the Ministry of Justice conducted any inquiry or criminal investigation into allegations against these individuals? If so, have any of these investigations been completed, and what have been the findings?
Has the government conducted any criminal investigations regarding alleged abuse of those in official custody over the past two years, including with respect to those detained in connection with the Jidhafs, Karzakhan, and al-Hujaira cases? If not, please explain why no such investigations have been conducted.
If such criminal investigations have been conducted, please indicate:
- What specific investigative measures were taken, and by what official body or bodies?
- Was any evidence of abuse discovered?
- Where evidence of abuse was discovered, what action, if any, was taken as a result of this finding?
- How many convictions resulted from these proceedings?
Has the Ministry of Justice reviewed the medical reports and court minutes referenced above regarding the injuries suffered by defendants in the Jidhafs, Karzakhan and al-Hujaira cases? If not, please explain the reason why no such review has occurred.
If the Ministry of Justice has reviewed the medical reports and court minutes referenced above regarding the injuries suffered by defendants in the Jidhafs, Karzakhan and al-Hujaira cases, please state whether the Ministry of Justice believes that these documents support the credibility of detainee allegations of illegal treatment. Please indicate the basis for the Ministry of Justice’s position as to whether or not these documents support these allegations of illegal treatment. Please describe the actions, if any, that the Ministry of Justice has taken in response to any review of these documents that it has undertaken.
Many of the former detainees with whom we spoke claimed that they had been held for substantial periods of time in solitary confinement. Could you please inform us of any policies of the government with regard to the use of solitary confinement?
We look forward to your responses to these questions and any other information you believe relevant. We would appreciate it very much if we could have your response by November 12, 2009 in order that we may reflect the government’s views in our report. Thank you in advance for your cooperation.
Sincerely,
Joe Stork
Deputy Director, Middle East division
cc: Attorney General Ali Fadhul al-Buainain
by fax: +973 17 840 078
***
December 8, 2009
Brig Ibrahim al-Ghaith
Inspector-General
Ministry of Interior
Manama
By fax: +973 17 277 455
Dear Brig. al-Ghaith,
I am writing to follow up the letter we addressed to you on October 22, 2009. In that letter we reviewed the major findings from our inquiry into allegations of torture and other abuse that a number of detainees had raised concerning their treatment in detention, and particularly during interrogation by officers of the Ministry of Interior’s General Directorate of Criminal Investigations (CID). These abuses, according to the persons we interviewed, took place for the most part in the CID compound in Adliya, and at the Short-Term Detention Center (which detainees referred to as Dry Dock because of its close proximity to the Arab Shipbuilding and Repair Yard, or ASRY). We understand that both of these sites are run by the Ministry of Interior.
In our letter of October 22, we also raised several questions. Up until now we have received no response. As we wrote then, we would like to be able to reflect the government’s views in our upcoming report.
For that purpose, I re-state those questions below. Before doing so, I would like to mention that our information includes allegations of torture and abuse that numerous detainees made against specific officers in the CID. Those individual officers are: Major Yusuf al-Arabi, Captain Fahd Fadalah, Captain Bassam al-Muraj, and Lieutenant Isa al-Majali
Can you confirm that Major al-Arabi, Captains Fadalah and al-Muraj, and Lieutenant al-Majali are officers serving in the CID, and that their responsibilities include interrogation of criminal suspects? Can you inform us of the number of other CID officers who may also be responsible for conducting interrogations, and provide us with their names and ranks?
We also received allegations concerning the involvement in torture and abuse of one officer serving with the National Security Apparatus, namely, First Lieutenant Badr al-Ghaith.
When we met in June 2009, you stated that complaints of torture or abuse coming to your attention are investigated internally, under your authority as inspector-general, and that if warranted the person(s) alleged to be responsible would be referred to the Police Court, within the Ministry of Interior, for adjudication and possible disciplinary action. Should we understand this also to mean that the Public Prosecutor refers back to the Ministry of Interior any credible allegations of torture or abuse by Ministry of Interior officials, or on Ministry of Interior premises, and that no judicial authority outside of the Ministry of Interior would necessarily investigate or adjudicate the allegations? Has the Ministry of Interior investigated any complaints of torture or abuse against Major al-Arabi, Captains Fadalah and al-Muraj, and Lieutenant al-Majali?
Is the Ministry of Interior also responsible for investigating complaints of torture or abuse made against officers serving in the National Security Apparatus? If so, has the Ministry of Interior investigated any complaints of torture or abuse against First Lieutenant al-Ghaith If not, could you please indicate to whom in the National Security Apparatus we should direct this inquiry?
When we met, you stated that between July 1, 2007 and June 12, 2009, your office had completed 163 investigations, which resulted in 17 convictions. Could you please tell us how many of those investigations and convictions, if any, concerned allegations of torture or abuse? Did any of those investigations involve the afore-mentioned CID officers?
Could you indicate how many (if any) officers with the CID or other forces under the jurisdiction of the Ministry of Interior faced criminal prosecution in Bahrain’s criminal justice system, as distinct from the Police Court within the Ministry, and, if so, for what offenses?
According to my notes, Col. Muhammad Buhamad stated during our meeting in June that there have been no criminal investigations or convictions in connection with the complaints made by defendants in the Jidhafs, Karzakhan, and al-Hujaira cases. Could you please confirm if this remains the case?
Has the Ministry of Interior conducted any manner of investigation regarding complaints of torture or abuse made by defendants in the Jidhafs, Karzakhan and Al-Hujaira cases? If not, please explain why no such investigation has occurred. If any investigation has occurred with respect to these cases, please describe the specific investigative measures taken and the findings of such investigation.
Has the Ministry of Interior reviewed the medical reports and court minutes referenced above regarding the injuries suffered by defendants in the Jidhafs, Karzakhan and al-Hujaira cases? If not, please explain the reason(s) why no such review has occurred.
If the Ministry of Interior has reviewed the medical reports and court minutes referenced above regarding the injuries suffered by defendants in the Jidhafs, Karzakhan and al-Hujaira cases, please state whether the Ministry of Interior believes that these documents support the credibility of detainee allegations of illegal treatment. If the Ministry of Interior does not consider these documents to constitute support for the credibility of detainee allegations of illegal treatment, please indicate the basis for that conclusion. Please also describe the actions, if any, that the Ministry of Interior has taken in response to any review of these documents that it has undertaken.
When we met, you and your colleagues said that the consistency in the specific allegations of torture and abuse by the defendants in the Jidhafs, Karzakhan and al-Hujaira cases indicated that these defendants had together, and with their lawyers, fabricated their accounts. Is it the Ministry of Interior’s position that all of the defendants in these three cases were detained together, and shared the same legal counsel, and therefore had the opportunity to construct similar allegations? Is it the Ministry of Interior’s position that the defense lawyers in these cases conspired with the defendants with respect to the fabrication of testimony?
During our meeting you stated that the Ministry of Interior had a video of the Jidhafs events enabling authorities to identify the individual who allegedly took a weapon from a police vehicle during those events (you also played that video for me). Was this video introduced into evidence during the trial of the defendants in the Jidhafs case? If so, can you please inform us as to the identity of the individual allegedly shown on the video to be taking the police weapon?
When suspects are arrested by the forces of the National Security Apparatus, are they brought to the CID compound in Adliya for questioning? If not, where does such questioning take place?
Once a suspect is brought before the Public Prosecutor, is it common for that person to be brought to the CID compound in Adliya thereafter? What determines whether a person is taken to the CID compound after visiting the Public Prosecutor or is referred to another place of detention, such as the Short-Term Detention Center (Dry Dock)?
Could you please inform us regarding the composition and responsibilities of the Police Court within the Ministry of Interior? Does it have the authority to conduct independent investigations? Is the Police Court empowered to impose custodial sentences, in addition to disciplinary measures? Are the rulings of the Police Court subject to review or appeal? Could you also please inform us of what safeguards are in place to guarantee the independence of Police Court proceedings from possible interference from Ministry of Interior officials or any other government institution or official.
If your office were to uncover evidence that Ministry of Interior officials were responsible for ordering, condoning, or carrying out torture or abuse, would such a case be handled by the Police Court only or would it also be referred to the Public Prosecutor and the criminal justice system? We look forward to your responses to these questions and any other information you believe relevant.
We had requested that you respond to our October 22 letter by November 12, 2009 in order that we may reflect the government’s views in our report. Inasmuch as we have not received that response, we sincerely hope that the Ministry of Interior can respond to this letter no later than December 28. Thank you in advance for your cooperation.
Sincerely,
Joe Stork
Deputy Director, Middle East division
***
December 8, 2009
His Excellency Khalid bin Ali bin Abdulla Al Khalifa
Minister of Justice and Islamic Affairs
Kingdom of Bahrain
By fax: +973 17 531 222
Your Excellency,
I am writing to follow up on the letter we addressed to you on October 22, 2009. In that letter we reviewed the major findings from our inquiry into allegations of torture and other abuse that a number of detainees had raised concerning their treatment in detention, and particularly during interrogation by officers of the Ministry of Interior’s General Directorate of Criminal Investigations (CID) and officers with the National Security Apparatus. These abuses, according to the persons we interviewed, took place for the most part in the compound of the CID in Adlia, and at the Short-Term Detention Center (which detainees referred to as Dry Dock because of its close proximity to the Arab Shipbuilding and Repair Yard, or ASRY). We understand that both of these sites are run by the Ministry of Interior.
In our letter of October 22, we also raised several questions. Up until now we have received no response. As we wrote then, we would like to be able to reflect the government’s views in our upcoming report.
For that purpose, I re-state those questions below. Before doing so, I would like to mention again that our information includes allegations of torture and abuse that numerous detainees made against specific officers in the CID. Those individual officers are: Major Yusuf al-Arabi, Captain Fahd Fadalah, Captain Bassam al-Muraj, and Lieutenant Isa al-Majali. We also received allegations concerning the involvement in torture and abuse of one officer serving with the National Security Apparatus, namely, First Lieutenant Badr al-Ghaith.
We would appreciate it if you could inform us whether or not the Ministry of Justice, including the Office of the Public Prosecutor, has received any complaints against these particular officers alleging that they were responsible for acts of torture or abuse? If so, could you inform us regarding any investigation carried out by the Ministry of Justice or the Office of the Public Prosecutor into those complaints, and what the conclusion or those investigations were.
We also received information indicating that some officials working in the Office of the Public Prosecutor may have been complicit in torture and abuse by failing to respond appropriately to complaints of torture made by suspects during their meetings with the prosecutor’s office. In a number of instances, according to our information, the prosecutor failed to record the complaint(s), order a forensic medical examination of the person making the complaint, or launch any investigation into the allegations. In some cases, this complicity extended to returning the suspect to the custody of the same CID officers allegedly responsible for the torture in the first place. Those prosecutors were Wael Boualay, Ahmad Bucceri, and Hamad Buanain.
Has the Ministry of Justice received complaints regarding the due diligence of any of these three officials? If so, could you inform us of the steps taken by the Ministry of Justice to address these complaints?
When a suspect is brought before the Public Prosecutor, is the prosecutor obliged to inquire if the suspect has been subjected to torture or abuse, or is this left to the discretion of the prosecutor?
If a suspect exhibits physical evidence indicating torture or abuse, such as scars or bruises, or if the suspect alleges that he was subjected to torture or abuse, what steps is the prosecutor required to take?
Once suspects have met with the Public Prosecutor, where are they next sent? Once a suspect has been brought before the Public Prosecutor, are there any circumstances in which that person would be returned to the custody of the CID?
Does the prosecutor have the authority to determine if a criminal investigation is warranted into evidence or claims of torture or abuse? Is it necessary for the prosecutor to obtain the agreement of any other official or official body before undertaking a criminal investigation?
Officials with whom we met at the Ministry of Interior stated that complaints of torture or abuse coming to their attention are investigated internally, by the office of Inspector-General Brig. Ibrahim al-Ghaith, and that, if warranted, the person(s) alleged to be responsible would be referred to the Police Court, within the Ministry of Interior, for adjudication and possible disciplinary action.
- Should we understand this to mean that the Public Prosecutor refers any credible allegations of torture or abuse by Ministry of Interior officials, or on Ministry of Interior premises, back to the Ministry of Interior, and that no independent judicial authority would necessarily investigate or adjudicate the allegations?
- Does the Ministry of Justice have any oversight or other role in the operation of the Police Court? Does the Police Court have the authority to conduct independent investigations? Is the Police Court empowered to impose custodial sentences, in addition to disciplinary measures? Are the rulings of the Police Court subject to review or appeal? Could you also please inform us of what safeguards are in place to guarantee the independence of Police Court proceedings from possible interference from Ministry of Interior officials or any other government institution or official.
What steps is the Ministry of Justice required to take if suspects raise allegations of torture or abuse when they are brought before a criminal or civil court?
When suspects are arrested by forces of the National Security Apparatus, to which detention site are they brought for questioning? Does the Ministry of Justice have the authority to investigate complaints of torture or abuse against an officer of the National Security Apparatus? If not, what is the mechanism for handling such complaints?
Is the Ministry of Justice aware of any complaints alleging abuse of those in official custody over the past two years? In particular,
- Are the authorities aware of complaints of torture or abuse raised by persons detained in or around December 2007 in connection with the Jidhafs case?
- Are the authorities aware of complaints of torture or abuse raised by persons detained in or around April 2008 in connection with the Karzakhan case?
- Are the authorities aware of complaints of torture or abuse raised by persons detained in or around December 2008 in connection with the al-Hujaira case?
- Has the Office of Public Prosecution disqualified any confessions in these cases because there were allegations and/or evidence that they had been coerced? If so, could you indicate the number of confessions so disqualified and the identity of the individuals whose confessions had been disqualified?
Has the government conducted any criminal investigations regarding alleged abuse of those in official custody over the past two years, including with respect to those detained in connection with the Jidhafs, Karzakhan, and al-Hujaira cases? If not, please explain why no such investigations have been conducted.
If such criminal investigations have been conducted, please indicate:
- What specific investigative measures were taken, and by what official body or bodies?
- Was any evidence of abuse discovered?
- Where evidence of abuse was discovered, what action, if any, was taken as a result of this finding?
- How many convictions resulted from these proceedings?
Has the Ministry of Justice reviewed the medical reports and court minutes referenced above regarding the injuries suffered by defendants in the Jidhafs, Karzakhan and al-Hujaira cases? If not, please explain the reason why no such review has occurred.
If the Ministry of Justice has reviewed the medical reports and court minutes referenced above regarding the injuries suffered by defendants in the Jidhafs, Karzakhan and al-Hujaira cases, please state whether the Ministry of Justice believes that these documents support the credibility of detainee allegations of illegal treatment. If the Ministry of Justice has concluded that these reports do not support the credibility of the allegations of torture, please indicate the basis for this conclusion. Please describe the actions, if any, that the Ministry of Justice has taken in response to any review of these documents that it has undertaken.
Many of the former detainees with whom we spoke claimed that they had been held for substantial periods of time in solitary confinement. Could you please inform us of any policies of the government with regard to the use of solitary confinement?
We had requested that you respond to our October 22 letter by November 12, 2009 in order that we may reflect the government’s views in our report. Inasmuch as we have not received that response, we sincerely hope that the Ministry of Justice can respond to this letter no later than December 28. Thank you in advance for your cooperation.
>Sincerely,
Joe Stork
Deputy Director, Middle East division
cc: Attorney General Ali Fadhul al-Buainain
by fax: +973 17 840 078
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