26thJune2012:InternationalDayAgainstTorture

Abdulhadi AlKhawajas speech before the Supreme Court

ofAppeal22/5/2012

Gentlemen,PresidentandmembersofthehonourableSupremeCourtofAppeal,
Peace,mercyandblessingsofAllahbeuponyou,

Thank you for giving me the opportunity to speak before your venerable selves, as I have been
deprived of this right throughout the previous stages of the litigation. Kindly note that my
statement has been excluded during the investigation as a result of me being subjected to
torture.

I, the Bahraini citizen Abdulhadi AlKhawaja, have been subjected, since April 9th
2011 to arbitrary arrest, incommunicado detention, psychological and physical torture, sexual
assault and unfair trial without having committed any offense for which I deserve legal
punishment, in addition to torture and other violations criminalized by international and national
laws. Please note that I do not belong to any association or political group, though this is not an
offenseinitselfbutratheranaturalrightofanyhumanbeing.

These current and previous violations were in fact motivated by the thorny, difficult
path which I have chosen, that is to defend human rights, not only as a matter of specialization
and career given that I am a researcher and trainer in this area but also that I have decided
that my duty is to stand with the oppressed and the victims of various abuses to which they are
exposed disregarding the risks and reactions of those who perpetrated such violations. Thus,
my activities and practice involved serious issues such as political and financial corruption,
arbitrary detention, torture, the privileges of the ruling class, sectarian and ethnic discrimination,
as well as other topics including poverty, the right to human dignity, adequate jobs and
housing,andtherightsofforeignworkers.

And if at the beginning back in the eighties my activity involved volunteering with the
"Committee for the Defence of Political Prisoners in Bahrain, which is considered a wing of one
of the opposition political groups, it was, however, shifted at the beginning of the nineties into
working completely independent through founding "The Bahrain Human Rights Organization".
This played a fundamental and decisive role in bringing Bahrain out of the era of security of the
State, through its activities in Western capitals, in collaboration with the United Nations and
international human rights organisations. I am honoured to have gained then my second
nationality when I became a political refugee in the Kingdom of Denmark This ensured my
freedom, dignity and shelter when I was facing persecution in my country of Bahrain.
However, I never hesitated in returning to Bahrain in 2001 when I was allowed to.
There I continued to carry out my duty to educate and provide training on human rights issues in
Bahrain and abroad assisting victims of violations to embark on a peaceful movement to
demand their rights, in addition to monitoring and documenting human rights violations. As a
result, the price I have been paying throughout the past ten years has been
facing physical assaults by security forces, arrest, detention, unfair trials, smear campaigns,
and travel bans. This was the case even during the period from November 2008 to
February 2011, during which I worked as a regional coordinator for
Frontline Defenders. This is a leading international organisation based in Dublin and
Brussels which focuses on the protection of human rights defenders all over the world. The fact
that I resigned from my post as president of "The Bahrain Centre for Human Rights" before
undertaking my work at the international organisation, which was not relevant to the situation of
human rights in Bahrain, did not make any difference for an overwhelming spirit of
revenge motivated those who have been targeted by my previous activity
due to their responsibility in relation to the perpetration of violations. This was
through their positions as security and political officials, they also suspected that under cover
IhavebeenusingmyinternationalworktoprovideaidtolocalactivistsinBahrain.

Then came the events of February 14

th
. The subsequent declaration of a state of
national safety made it the right opportunity for revenge. As I witnessed all those dead and
injured in the first few days I decided to resign from my international post and to dedicate myself
to fulltime voluntary work in Bahrain, to contribute to the popular peaceful movement and ensure
its effectiveness in attaining rights, in addition to monitoring and documenting violations that
occurred during the events. To these ends I took part in seminars, delivered speeches and
participated in various meetings that were attended by representatives of political associations
and groups. These included political and civil rights activists, and jurists in my capacity as an
independent human rights defender. Those meetings were held at the headquarters of political
associations and residences of political figures. They were not secret and did not intend to
establish new groups or create working plans they were merely a platform for consultation and
exchangeofopinionsinthemidstofescalatingandseriousevents.

It was soon the time for retaliation after midnight on April 8th 2011 i.e. three weeks
after declaring the state of national safety and granting the military and security services
authorization to kill and use excessive force, arbitrary detention and torture, which led in some
cases to death. That day, I was spending the weekend with my wife, daughters and sons in law,
heavily armed forces surrounded the building where my two married daughters live, and without
warning or warrant, broke into the building and knocked down the door of the thirdfloor
apartment. A group of masked security men started beating and kicking me in all parts of my
body while dragging me down the stairs. In addition, my hands were cuffed back and my eyes
were blindfolded before putting me in one of the cars, where I received a severe blow on the left
side of my face with a metal object. This caused me to fall on the ground. I was severely
bleeding due to deep cuts close to the left eye and a number of fractures in the jaw, cheek and
nose, prompting them to transfer me to "AlQala" first, then directly to the military hospital
where I received stitches and underwent a complex surgery to address bone fractures. Xray
imagesshowabout18platesandabout40screwsthatwereusedtojoinfractions.

I stayed at the military hospital for six days, during which I was kept blindfolded and
handcuffed to the bed in a painful manner that prevented me from moving. A group of people
would come over each night and verbally abuse me and touch my private parts. I was told that
they had arrested my daughter Zainab, and after they had done what they wanted with her they
had transferred her to a prison in Saudi Arabia. One of them informed me that he was the one
who had given me the blow to the face and that there was more where that came from after
that I was moved from the hospital. He also told me that a large man would be waiting to rape
me. Instead of a recovery period of three weeks at the hospital I was transferred on the sixth day
toadistantplacewhereIlearned,abouttwomonthslater,wasAlQareenmilitaryprison.

In AlQareen, I was put in a dark solitary cell for about two months. All guards and
nurses were masked. I did not have any contact with the outside world, nor was I allowed to go
out in the sun and fresh air. I only had a sponge in the cell, as well as very dirty pillow and
blanket. I was only allowed to take a bath after ten days. My head and body bore bruises and
bloodstains.

During that period, I was unable to eat anything except for liquids through a tube, and I received
medications pertaining to the surgery I had and the resulting pain. Despite that, starting from the
second day of my stay in prison nightly doses of torture began. A group of masked individuals
would come after midnight and start horrifying the prisoners through screaming and cursing and
hitting the cells bars, then they would enter the cells one after another, and subject the
detainees to verbal, physical and sexual abuse. Each one of us could hear the screams of pain
andsufferingofthosewhoareintheothercells.
Among those whom I came to know in nearby cells are Mahdi AbuDeeb, president of the
Teachers Association, and the lawyer Mohammed Altajer, and an Islamic scholar, Mr.
Mohammed alMusawi. I used to hear the screams of other detainees in other cells but I could
notrecognisetheiridentities.

The torture that was inflicted on me during that period included, continued
standing with lifting the hands for many hours, beating the back of the head with a heavy tool,
blows to the back, beating on the back of the hands with the door lock, beating the feet with
shoes, forcing me to kiss pictures of the rulers of Bahrain and Saudi Arabia which were put on
the cells walls, forceful removal of clothing, sodomising using sticks, indecent insults related to
dignity and religious beliefs, forced selfcursing, forced declarations of loyalty to the political
leadership, especially to the Prime Minister and the Head of the Defence Force, under the threat
ofbeatingsandrape.

As a result, I went on hunger strike on the third day in prison, and refused also
to receive any medications. This led to further beatings. On the sixth day I was taken to another
building in the prison where I was beaten with plastic pipes on my toes and feet, to force me to
put an end to the strike, or sign a paper stating that I refuse to take food and medicine. I was
then transferred, and I received two units of intravenous infusion. Someone who spoke an Arabic
nonBahraini dialect (a doctor or a nurse) threatened that he will force the tube from my nose to
the stomach or puncture my abdomen in order to directly feed the stomach if I insist on
continuing with the strike. I have indeed suspended the strike on the seventh day after receiving
assurances that torture will stop and that my request to see the doctor who performed the
operation is to be met, as I was very concerned about the swelling of my face and not being
able to move my jaw. The torture, however, did not stop. I have had to repeat the strike twice in
protest of torture during the following two weeks for several hours each time, but the beatings
and torture took place in the cell before and after the investigation sessions. At the end of the
third week of arrest I was examined at the prison, in the presence of prison guards by a forensic
doctor. He hastily took note of some injuries that were still visible on my face, hands and feet.
During those same days I was taken twice for interrogation by the military prosecutor where I
was subjected to insults and beating during transport to and from the building of military
prosecution and at the premises before and after I was entered to talk to the investigator. The
shacklesandthesaccoveringmyheadwereonlyremovedwhileintheinterrogationroom.

Violent and degrading treatment reoccurred throughout the following months every time we were
taken to attend the court hearings at the National Safety Court. Transportation was provided by
military police. On one occasion I was singled out of the group as one of those who "will be
executed", and they made me hear sounds of arms. Prior to the first hearing at the Military
Court, on 7/5/2011 to be specific, an exceptional incident of torture took place. I was
allowed to shave and put on a suit that had been sent by my family. Late in the evening I was
taken by four individuals in a small car to a building located about 1520 minutes away from
where I was held. I was seated at a table my handcuffs were removed as well as the blindfold. I
found myself sitting in an elegant office with a young man in civilian clothes, who identified
himself as "Sheikh Saqr," a personal representative of the king of Bahrain. He wanted to hear
directly from me about the events and the charges against me. The interrogation went on for
about an hour and a half, and he eventually asked me if I want to appear on a recording by a
television camera, which was already prepared, and to apologize to the king for what I did. I told
himthatIhavenotdoneanythingtoapologisefor.
Afterwards I was blindfolded again and taken to an adjacent room where one of the people who
brought me there told me that I am sitting on a bed and that they will not beat me, but they will
do all other things unless I agree to the apology recording. They proceeded as one of them put
my hand on his penis another touched my back with his penis, and put his hand on my derriere,
and then they started to take off my clothes. I could only do one thing. I eluded them, and hit
my head with the ground until I was unconscious. I woke up to find myself in the car traveling at
high speed. I was carried and brought back to my prison cell. My forehead was swollen and so
was the left side of my face where previous fractures were located. For three days compressors
and painkillers were used. On the following day the doctor who had performed my surgery
visited me, and he saw how bad my condition was. He demanded that I be transferred
immediately for xrays, but this was only done several days after, and through the transfer of
radiation equipment to the prison. I did not see the doctor for a long time, and he only revealed
hisfacetomeafteraboutsixmonths.IthenknewthatheisDrMohammedAlMuharraqi.

The second incident took place during the second military court hearing, when I demanded
the right to speak and was denied that right. I said that I have been subjected to torture and that
I was threatened not to mention that to the court. The judge ordered that I be taken out of the
courtroom, and I was abused on the way to prison. I was punched, kicked near the gate of the
prison and made to stand with a sack on my head and my arms lifted upwards for about an
hour. I was then threatened inside the prison You will see things you havent seen yet if you
talkagaininthecourtroom.

The third incident was on 22/6/2011, at the National Safety Court of first instance, when,
after the judge read out the verdict sentencing me to life imprisonment, I shouted and said We
will continue our struggle for freedom and human rights, and the other defendants were shouting
the slogan A peaceful movement, A people demanding freedom. We were then taken outside
the court premises, handcuffed and beaten with batons by members of military police. My face
was hit against the wall and I was bleeding from the top of my nose. I was also beaten on my
joints, bottom of spine, thighs, and wrists. Since I was handcuffed, this caused me to bleed
from my wrists. As I was trying to protect my face, one of them purposefully hit me on where I
had surgery for facial fractures until my head was swollen. We were then taken to the waiting
room, and were seated on the floor and they stepped on our backs and shoulders whilst wearing
their shoes. When the injuries I had became evident to them I was transferred to the emergency
room at the military hospital for treatment, leading the group of guards who took me to hospital
wasmajorAbuAhmad,theofficerinchargeofmilitaryguard.

As for my trial before the National Safety Court, the one of first instance and the
exceptional court, the court listened to the main prosecution witness. He was a national order
officer. He did not have any proof or evidence to support his false allegations pertaining to
establishing an organization and plotting to overthrow the regime and the incitement of violence.
He held that his sources are secret and that he cannot reveal them. The two other witnesses
were national order officer Badr Ibrahim Ghaith and his assistant, who were in charge of my
arrest. Their testimony was aimed at justifying the severe injuries that I incurred during the
arrest. On the other hand, I was not allowed to speak, and my lawyer was not able to call
witnesses to testify. His demands to call the forensic doctor or the surgeon who operated on me
in order to obtain the medical report were also ignored. He was further prevented from presenting
hisoralaccount.Theverdictswerealreadyprepared,andIwashandedalifesentence.

After that came the report of the Royal Bahrain Independent Commission of
Enquiry, which confirmed the abuses to which I have been subjected to, and mandated
doctors examined the medical reports, to document all violations that were inflicted on me as
detailed in this speech. My case, as well as the cases from other individuals in the same group,
was quoted several times in the report, and a summary on my case was outlined under item no.
8 amongst the cases attached to the report. The report and its recommendations concluded
that grave violations, including arbitrary arrest and detention, solitary confinement, psychological
and physical abuse, and unfair trial have occurred. The report denied any legal basis for my
arrest and continued detention. The office of the United Nations High Commissioner for Human
Rights along with a number of international organisations studied the case file and found that I
amaprisonerofconscience,andthatIshouldbeimmediatelyreleased.

Then came the Court of Cassation verdict of 30/4/2012, stating that the National
Safety Court verdict does not outline the crime elements, neither in its mens rea nor its actus
reus,andisthereforeavoidverdictthatshouldbereversed.

Inlightoftheaforementionedfacts,Iproposethefollowing:
First: there are no legal grounds for my continued imprisonment, especially
after the occurrence of injuries has been proven through medical and forensic reports, the
confirmation of arbitrary arrest torture and unfair trial in the Bahrain Independent Commission of
Enquiry report, and reports of the office of the United Nations High Commissioner for Human
Rights and international human rights organizations which affirmed that I am a prisoner of
conscience,andthatIshouldbeimmediatelyreleased.

Second: The file in the courts possession lacks any decisive evidence that
links me to the charges in question. Everything that has been presented against me is
in fact evidence that supports my acquittal, as they are speeches in which I express my opinion
without inciting violence, but rather repeatedly emphasise peaceful work. Then the Court of
Cassationverdictconcludedthatthecrimeelementsareincomplete.

Third: Given the previous facts, I began a hunger strike more than a hundred
days ago in protest of my continued imprisonment. I was willing to give away my life to declare
disapproval of this injustice to which I, and others were subjected, and to demand freedom. The
authorities, instead of responding to those fair demands and addressing the perpetrated
violations of my human rights, reacted by confining me for over one month at the military
hospital in a state comparable to solitary confinement. They imposed forceful feeding on me
through the use of anaesthesia, feeding me through a tube from the nose to the intestines, and
through the use of intravenous infusions. My demands, insisting on going back to prison, were
only met when I agreed to a programme of fluid intake, along with explicit threats that I will be
admitted again to the military hospital and forcibly fed in case my health deteriorates. This
constitutes forcible feeding against international laws. I hold political authorities and this court
accountable for any danger I might face in the few coming days as a result of my continued
hungerstrike.

NOTE: Abdulhadi Alkhawaja stopped his hunger strike on the 25th of May
2012 after he delivered this testimony. He decided to stop his hunger
strike due to continuous force feeding and because he had been
successful at bringing international attention to the situation of political
prisonersinBahrain.

Fourth: I reaffirm the statements that were presented in my defence before the
first instance National Safety Court, the National Safety Court of Appeal, as well as the Court of
Cassation, as an account of defence in this appeal, and a reference. I also demand that all
medical reports and other detailed reports by the Bahrain Independent Commission of Enquiry
beaddedaswell,inadditiontothisspeech.

Fifth: That I am in this case the victim for defending the rights of others.
Those responsible for the violation of my rights are the ones who should be brought to justice
andpunished.

Sixth: Acts of retaliation have targeted members of my family. On the same day
when I was arrested, both my sons in law (engineer Wafi Kamel AlMajid) and (Hussain Ahmad)
were arbitrarily arrested, even though they were not otherwise wanted. They have been
subjected to psychological and physical torture, and fabricated charges were brought against
them. They were then tried in order to justify their imprisonment for one year for Wafi, and six
moths for Hussain. My wife was dismissed from her position as a supervisor in a private school
in a degrading manner and no explanation was made for this act, in breach of the simplest due
process. My sister Fatima AlKhawaja and her husband Rashid AbdulRaheem from their
positions at the Bahraini Radio without legal grounds, and they were reinstated only a few
months ago. My other sister Huda AlKhawaja, who runs a law firm in Kuwait and undertakes
training, had her passport seized for several months without legal grounds. The element of
retaliation is obvious in this case, and this necessitates that there be serious and
credible mechanisms to reveal the truth and rectify all injustices to which my
family and I were subjected to, and bring those responsible for these
violationstojustice.

Pleaseacceptmyhighestconsiderationandesteem.
AbdulhadiAbdullahAlKhawaja22/5/2012