Arbitrary Arrests and Detentions of Minors in Bahrain: Political Suppression Behind the Mask of Restorative Justice

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The prison system in Bahrain has been the subject of a wide array of human rights violations and controversies. Two of the most prominent cases concern human rights activists who have been arbitrarily detained and subjected to inhumane conditions in a prison in Jau. Abdulhadi al-Khawaja and Dr. Abduljalil al-Singace were arrested in 2011 and 2021 respectively. Abdulhadi al-Khawaja remains in the Jau prison where he has been denied medical treatment, in spite of suffering from chronic pains. Dr. Abduljalil al-Singace has been on a hunger strike since 2021, and suffers from several conditions which have rendered his physical condition at high risk.

The crackdown on public and political freedoms by Bahraini authorities escalated significantly in October 2023, when large-scale protests condemning Israeli aggression in Gaza took place in Bahrain. By November of 2024, 344 citizens were arrested for expressing solidarity with the Palestinian and Lebanese population. There appeared to be a turning point in April of 2024, as Bahrain enacted a Royal Pardon which granted amnesty to 1,548 prisoners who were arbitrarily arrested on the basis of violations of freedom of speech and expression. As stated however, this was only a turning point in claimed commitments, not in action. The aforementioned human rights activists remain detained, and arrest campaigns have not slowed. This development has also shed light to a concerning, growing pattern in detentions taking place in Bahrain. That is, the detention and violation of human rights of minors.

Criminal prosecution has been used by Bahraini authorities on a frequent basis against children, notably those who take part in peaceful protests. Bahrain’s Restorative Justice Law for Children has been misused and applied to make children legally detainable targets. By setting the minimum age for criminal responsibility at 15 years of age, unlawful detentions have become a routine procedure, typically after participation in a peaceful protest. ADHRB documented the detention of 11 minors who were subjected to several violations of fundamental human and procedural detention rights. Beyond arrests carried out on fabricated charges, violations continue in the detention phase, specifically carried out by the Bahraini Public Prosecution Office (PPO) and within the Juvenile Detention Center. The PPO has contributed to the extension of the detention of minors, fabrication of additional charges, and has been accused of repeatedly postponing their trials. The violations taking place within the Juvenile Detention Center include ill-treatment, denial of medical care, education, and family visits, as well as restrictions on religious practices. Prisoners report malnutrition, inadequate bedding and blankets, and being barred from purchasing essentials or obtaining new clothing.

Bahrain is violating several human rights standards which they have agreed to respect. Firstly, Bahrain ratified the United Nations Convention on the Rights of the Child in 1992. Pursuant to Article 37, the arbitrary detention and torture of minors is prohibited. Furthermore, Article 9 of the International Covenant on Civil and Political Rights (ICCPR) provides the right to a trial within reasonable time. Despite the reservations made by the Kingdom of Bahrain when ratifying the ICCPR, no reservation absolves their responsibility for the human rights violations taking place towards minors. Beyond international human rights obligations, the reported cases against minors highlight the radical measures taken by the Bahraini government to suppress free speech and expression.

Behind the arbitrary and politically aimed arrests taking place by the behest Bahraini authorities, children are being exposed to the same legal rationale for detention and exposure to gross human rights violations. The deliberate nature of these arrests are indicative of a government that has no issue with punishing its own people for political aims. Moreover, the fact that the arrest and detention of minors forms a small part of the entire freedom-suppressing campaign of Bahrain is indicative of the scale of responsibilities that the central government frequently disregards. The ECDHR stands firmly against the actions of the Kingdom of Bahrain, and strongly urges them to abide by their responsibilities, promises, and pardons.