The cleric and independent opposition activist Sheikh Mohammed Habib al-Miqdad, 48 years, has been in arbitrary detention since April 1, 2011. There were detailed reports that he has been exposed to psychological and physical torture for few months while being isolated in incommunicado detention before being brought to the military prosecutor and the courts of the National Safety (military). He was tortured on the hands of the king's son Nasser ben Hamad. He was charged in 17 cases ranging between the charges of "inciting and seeking to overthrow the regime" and "incitement to the formation of gangs to attack foreigners or to kidnap security officers." According to defense lawyers, the prosecution had failed to provide real evidence on those charges. The national security men said they have their "confidential sources", and some of the detainees accused in the same cases confessed under torture as torture marks are still visible on their bodies. Reports by Medical examiner of the military justice proved that Sheikh Mohammed Habib Al-Miqdad was himself exposed to physical torture . This is also expected to be in the reports of foreign doctors who are assigned by "Independent Commission of Inquiry " and who had examined the health of Sheikh Al-Miqdad.
The military prosecutor has failed to provide any evidence that Sheikh Miqdad was inciting violence, nevertheless all the speeches that were presented in the papers include explicitly his call to work peacefully and avoid violence. Sheikh Miqdad so far has been brought to the military court "national safety" that lacks in international standards for fair trial and legitimacy. This court conflict with international standards laws such as the Terrorism Act and the articles on the security of the state of the Penal Code of 1976, which criminalizes the exercise of basic rights such as freedom of expression, assembly and association.
The total breach of fair trial standards to the extent that Sheikh Mikdad, as defendant did not have in most cases, an adequate opportunity to consult legal, but has not been brought to some of the sessions of the trials and was aware of them through press papers which were brought to him in prison. As he had not given, in any of the hearings, the opportunity to speak before the court as well as they didn't allow any of the other defendants. The lawyers were not given enough room both in the preparation or provision of oral arguments or to provide defense witnesses.
The result of these trials to date are a set of harsh sentences, which amounted to the total term of imprisonment of 96 years so far. Those trials and sentences were accompanied with a smear campaign against Sheikh Miqdad in official media, which promoted his conviction before the final sentences of the courts themselves.
With the suspension of the courts of the National Safety (military) after local and international pressures , Almiqdad's cases have been transferred to the ordinary criminal courts, which are also lack of independence and the conditions of a fair trial, especially in the cases with security and political backgrounds.
Background:
Sheikh Mohammed Habib Almiqdad is known since the nineties with popular sermons criticizing the Bahraini authorities explicitly, especially with regard to corruption, repression and violation of human rights. He has been arrested several times, most recently in August 2010, where he was released with other prisoners in the February 23, 2011 after the outbreak of widespread popular protest movement. Upon his release, Sheikh Almiqdad began mass speeches critisizing of the authorities, especially regarding the lack of democracy, corruption and violations of human rights. He also spoke about the arbitrary detention and the torture he and his colleagues in former detention. This has led that Sheikh Miqdad was on the list of detainees after the suppression of the popular protest movement on March 16, 2011, and only after five weeks of release.
The Bahrain Center for Human Rights calls for the Bahraini authorities and concerned organisations to ensure:
• The release of Sheikh Mohammed Habib Almiqdad, as evidence suggests that his arrest and his trial was due to his views and peaceful activities.
• Carry on a fair, independent and transparent investigation about violations against Sheikh Miqdad and bring those responsible to justice and reparation for the damage that took place against him.
Attachments:
- A detailed report including what Sheikh Almiqdad has been exposed to since his arrest and this was submitted to the "Independent Commission Commission of Inquiry" [Arabic]
- Video of marks of torture on body of AlMiqdad - take after his first release 23 Feb 2011
- Some members of the Bahraini royal family beating & torturing political prisoners
- A special report on the torture and human rights violations against the detainees in the case of "Alliance for the Republic"