INTERNATIONAL COUNCIL
SUPPORTING FAIR TRIAL and
HUMAN RIGHTS

Registration No. : 2795

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DEATH PENALTY IS ALIVE AND WELL IN THE MIDDLE EAST: BAHRAIN AND SAUDI ARABIA ARE THE POSTER CHILD

On Wednesday, 1st March the 34th Human Rights Council held its Biennial high-level panel discussion on death penalty and the prohibition of torture and other cruel, inhuman or degrading punishment. Opening remarks were given by HC Zeid Ra’ad Al Hussein, the United Nations High Commissioner for Human Rights and H.E. Mr Harlem Désir, Minister of State for European Affairs France. Both condemned the unjust and inhuman act of death penalty. The High Commissioner has highlighted that “when the authorities fail to give adequate information about the timing of executions, they maintain not only the convicted person but also his children and other family members in permanent anticipation of imminent death. This acute mental distress, which may be compounded by failure to return the body to families for burial, or inform them of the location of burial, is unjustifiable”.

During the panel, Mr Nils Melzer, Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Switzerland, explained that “customary international law has not yet evolved to the point where it would prohibit the death penalty in all circumstances.” Nevertheless, the Human rights law protects every human being without exception. Next to the legalistic reflection, death penalty is more a question of life and it is important to focus on the dignity and moral authority of every individual and the society as a whole. Mr Melzer reminded the council not to forget that “the death penalty is not just a technical question of whether all of the legal requirements for the emergence or existence of a customary prohibition are met, but that it is, first of all, a question of life, of how we define ourselves as human beings and as an international community”. Member states, such as Switzerland, Italy, Australia and the Council of Europe among others have all strongly denounced death penalty and condemned those countries like Saudi Arabia and Bahrain who still hold executions up until today. In the Arab world, the notion of capital punishment is still perceived as being fair.

The continuous denial of basic human rights by the governments of Saudi Arabia and Bahrain towards human rights defenders and dissidents is severely endangering the victims' physical, psychological and emotional state. Both governments’ are failing to comply with recommendations in favour of the protection of human rights such as freedom of expression, assembly and religion, as well as the abolition of the death penalty and prohibition of torture and other cruel punishments. Between 2015 and 2016, the government of Saudi Arabia has carried out more than 300 executions, and carried on with its barbaric practice by holding its first execution of 2017 in January.  By the same token, the government of Bahrain has showed no progress in cooperating with the UN mechanisms and has rejected to comply with human rights reforms. According to the Cornell Centre on Death Penalty Worldwide, in 2017 Bahrain has held its first three executions in more than six years. Previous to execution, the three victims have been tortured, although the government claims the decision was taken “in accordance with international law”.

During the panel, Bahrain assured full cooperation with the Human Rights Council, when Foreign Minister Al-Khalifa not long ago declared the High Commissioner as being powerless and that they will not waste time by listening to the council’s recommendations.

ICSFT urges the international community, especially the UN and the Human Rights Council, to call on Bahraini and Saudi governments to stop the atrocities and human rights violations against their citizens and to put an end to government reprisal in the form of execution, arrest and detention of freedom fighters and human rights defenders in the Middle East. These actions will prevent further suffering and senseless violations of basic human rights. We condemn Bahrain, Saudi Arabia and all countries who fail to respect the right to life of human beings. The intransparency and arbitrariness of these violent sentences must be stopped.