Khalid bin Ali Al Khalifa to Al-Hayat: “Human rights are guaranteed by international agreements. The fairness of the elections will not be undermined by sensationalism.” Manama – Sheikh Khalid bin Ali Al Khalifa, Minister of Justice and Islamic Affairs, and Chairman of the Higher Committee to oversee the integrity of elections in the Kingdom of Bahrain, said that there is a focus by some on sensationalism aimed at increasing the guarantees for the rights of Bahraini detainees, especially by some sides from outside Bahrain. According to Sheikh Khalid, this is linked to other agendas rather than human rights issues; Al Khalifa then stressed that Bahrain has many laws in force, at the highest level, which guarantee the rights of the citizens in various fields. In an interview conducted by Al-Hayat, the Bahraini Justice Minister stressed that Bahraini courts, on the basis of the Bahraini judiciary, do not accept any evidence obtained from defendants under torture, not even in case of suspicion, in case this occurs. The minister noted that his country is not in a position that can tolerate threats to security and stability, as it is a country of banks and services that has the highest population density in the world. Sheikh Khalid then praised the “transparent” measures that will be the basis of the parliamentary and municipal elections in October 23, which he expected will be a Bahraini democratic ‘wedding', and predicted that these elections will be held in an atmosphere of security and stability. The Bahraini Minister of Justice commended the close cooperation among Justice Ministries in the countries of the Gulf Cooperation Council (GCC), saying that everyone benefited from this close cooperation that serves the economy and the cause of security. The minister then spoke at length about judicial conditions in the Kingdom of Bahrain, and expressed his satisfaction with the judicial body in the country, and also with the laws in force in Bahrain, which are similar to the laws present in many other Arab countries as well as those in France. The interview was conducted in the minister's office in Manama: Do you believe that the laws in Bahrain can guarantee that free and fair elections will be held? If the answer is yes, can you please elaborate? - Yes, without doubt. The existing legislations that regulate the electoral process are the same ones that were the basis of the 2002 and 2006 elections. We have a separate set of legislations for the municipal elections and the parliamentary elections. It must be emphasized in the beginning that the basic idea of these elections is the conviction that they are a key element in any democratic process; it is also the foundation on the basis of which dialogue is conducted in the constitutional institutions. Our laws that are in force govern both electoral rights and practices, encompassing the voting process, the sorting of the votes, and the registration of the candidates and the voters. All these laws were enacted with a view to guarantee transparency and ensure freedom for voters. In truth, the only concern for us is to convince the Bahraini citizens that the elections are being held in a transparent and fair manner, and to assure them that their votes will reach those whom they select, and that their selection is in safe hands. But, if these elections are transparent, why are some political associations being disbanded, and why are their websites being taken offline? - This is not accurate at all. All political associations are participating in the 2010 elections. No political group was banned, impeded or had [its website] blocked. Allow me to clarify here that political associations do not differ at all from national political parties. These associations were not regulated in the beginning, but a law regulating them was passed by the Parliament between 2002 and 2006. At the start of the electoral process, [the elections] were boycotted by some. However, everyone today is taking advantage of the presence of democracy, and everyone joined political associations in the 2006 elections, which is the case today as well. Since the beginning of these associations' activities in 2005 until now, only one association ceased [its activities], as a result of an internal split. I believe you are referring [in your question] to an NGO. What happened is that the Ministry of Development took a decision against it, because it found irregularities in the methods it pursues. The ministry has since appointed a new provisional director to this NGO, pending an inquiry into these irregularities. However, it was neither disbanded nor targeted. The issue today is in the hands of the judiciary. There is, however, an indirect controversy, where some are claiming that the government does not want this association to have a role in monitoring the elections, and that this will affect transparency. This is of course wrong, and incorrect, because the regulations in force give the right to all national NGOs to send the delegates they appoint to monitor the elections. These NGOs can appoint any member of the association or anyone from outside it for this task. Also, anyone may join such associations. This year, we have four associations participating in election monitoring, as well as the National Institution for Human Rights, in addition to 292 observers affiliated to five different organizations. We do not interfere at all in the selection of these observers, and naturally, they are not bound by any supervision on our part. But why do you not permit independent observers from abroad [to participate in monitoring the elections]? - Bahrain held the 2002 and 2006 elections under very high standards of transparency, as attested to both regionally and internationally. The fact of the matter is that neighboring countries are already utilizing our experience in this field, and we try to always seek the help of local skills in everything. This begs the following question, why is the state holding elections if it indeed did not want the votes and choices of the citizens to be upheld – votes and choices that will affect its present and its future? If we could not monitor our own elections, this would be a shortcoming on our part that we do not want. Furthermore, Bahrain is an open country that anyone can enter. Thus, these elections will be covered by scores of Arab and foreign journalists […] Here, it should be noted that the Legal Advisory Panel issued a manual distributed to commissions, associations and citizens, containing guidelines for the electoral process from A to Z. What was the voter turnout like in the last elections in 2006? - The voter turnout was 72 percent. In my opinion, each election held in Bahrain witnessed a leap in quality. Today, we find that the opposition forces are feeling the pressure from the voters, who are asking the candidates what they – the candidates – have done and what they will offer, and what their program will be. Does this apply to both the opposition and the loyalists? - I do not believe in the existence of an opposition camp and a loyalist camp, but instead, I think we are all loyalists who have different perspectives. What matters today is to evaluate the work of the MPs, and this is a good step towards understanding the democratic process. We, the Bahrainis, are all proud to be a part of this process which started in 2001 when the country voted with an overwhelming majority in favor of the National Charter. Is it true that you have shut down some websites belonging to certain political associations? - The websites that we shut down had nothing to do with the freedom of expression and thinking, which are a staple part of human rights. They were websites that publish scandals and disturb public morality in our society; and of course, these values differ from one society to another. Do you have an effective legal mechanism to consider electoral appeals? - Without a doubt, we do, and at various stages. For example, it is a right for some to challenge a voter, a candidate, or the electoral and vote sorting processes themselves. These are all considered by a committee led by a judge, and they can be appealed in the Court of Appeal. For this reason, ballot boxes are kept and sealed after the vote sorting is over, in preparation for a recount in the event appeals were filed. Do you use electronic sorting? - No...The vote sorting process is not electronic. It is done conventionally to some extent, with the participation of observers representing the various parties, a judge and a working committee, and of course the candidates and their delegates. This applies to each polling station. The sorting is conducted in front of all these individuals, and there are records of every detail involved in the electoral process. The results are then declared by judges in the various districts, and all that the government does in this regard is validate these results through the announcement I make in my capacity as Justice Minister of the parliamentary election results. The candidate Dr. Munira Fakhro told me that there are people – I think around 148 voters – who were listed with addresses that do not exist; is this true? - Yes. A candidate has indeed filed a complaint to that effect. It was merely a mistake that has been since addressed. The mistake was probably caused because we in Bahrain have a housing service through which the state provides citizens with a place to live. Hence, this becomes their address. What happened was that residences were given to citizens, and these homes became their registered addresses, even though these homes were not yet completed at the time the electoral lists were posted. This mistake was corrected immediately, and those 148 voters were removed out of [the list of] 12 thousand voters. You portray a near-ideal image of the electoral process in the Kingdom of Bahrain. Is this accurate? - Yes, I believe so. We –in our capacities in the Higher Committee – are attempting to ensure that we have ideal elections. We are doing everything possible to ensure transparency and fairness, and this is our duty. For example, we will adopt transparent ballot boxes this year and the majority of the criteria adopted by the United Nations. We are telling the citizens: Come participate in monitoring the elections. Also, there are many exaggerations when it comes to conveying and covering any shortcomings. How long does it take for the results to emerge? - Results start to emerge a few hours after the completion of the vote count and sorting. Allow me to say here that our motto in the elections is “your vote belongs to us all”. In other words, each time a voter casts his or her vote, he or she would be voting for the whole country, because the democratic process will benefit everyone, away from divisiveness or discord, because the country is for everyone. There are those who believe that the terrorist network which you apprehended was attempting to obstruct and halt the electoral process. Do you believe that this assertion is accurate? - As a former Judge, [I say] that we do not choose the time of the crime, the manner in which it occurs, or the individuals who perpetrate it. Therefore, we are not aware what the goals of those who were arrested are, nor what their aims may be behind targeting lawmen and civilians, and terrorizing them in a small country such as Bahrain. This country has the highest population density in the world, and relies on an international banking system. The number of banks [in Bahrain] amounts to 400, and 57 percent of our income relies on the service industry. All of this means that Bahrain is not in a position to tolerate any threats against security and stability. Cutting off roads, terrorizing the citizens and throwing Molotov cocktails represent terrorism in every sense of the word. Because this case is now in the hands of the judiciary, it is difficult to talk about its details today. We hope that this will never happen again. We expect that the elections will be held in an atmosphere of security and stability, and that Bahrain will witness a democratic ‘wedding'; everyone is required to pursue change and progress. We are hearing that there is a lack of respect for the rights of the detainees by the Bahraini government, which is not allowing their families or defense lawyers to visit them. Is this accurate? - Of course not. The detainees' parents and lawyers are indeed visiting them. Let me answer your question by enumerating the international laws that Bahrain has ratified, respected and enforced. We have ratified the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and all the other agreements related to education and the rights of women and children in all areas. Our laws are in line with human rights, and any complaint by civil associations or organizations is looked into within the parliament and subsequently dealt with. In what regards the investigations and then the trial, everything in the Covenant on Civil and Political Rights, especially Article 18, stipulates that no evidence against a defendant facing criminal charges obtained under torture can be accepted, because there is a principle in Bahraini courts called the admissibility of evidence. This means that no evidence obtained under torture is admissible in court. In fact, courts do not accept even the suspicion of torture, let alone evidence under torture. Each detainee has a case file, and the court will look into any claim made by any detainee. But then why are there allegations abroad that human rights in Bahrain are deteriorating? - No…I do not think there is any deterioration. There are guarantees for the defendants in any case, whether the defendant is Bahraini or a foreigner. Meanwhile, the allegations made here and there have a different agenda. But for statements and judgments to be made by some, before the court issues its final decision in a manner that invalidates the fairness of the legal proceedings, is grossly unfair. There are laws in force in Bahrain, and the legal system present in Bahrain and the countries of the GCC, Lebanon, and Jordan is close to the French legal system. These systems are known, and there is nothing in the Bahraini civil system that is strange, new or different. I understand then that you are satisfied with the human rights situation in Bahrain, and with the manner in which detainees are treated? - Yes, I am satisfied with the procedures present in Bahraini law in what regards the agreements that have been ratified. I cannot express an opinion regarding a case being currently considered by the court. It is the judge who decides, and every defendant is innocent until proven unequivocally guilty. When does the trial of these defendants begin? - The Attorney General will announce this because it is a criminal case. It is in his hands as per the Bahraini law. But the Arab judicial systems in general need to train judges and need better organization. How does the Bahraini judiciary stack up? Does it have credibility? - I have no doubts that the judiciary in Bahrain is independent. If I, as Minister of Justice, wanted to ask about any case, I would do so like any other citizen checking with the court. There is a sense of complete independence in the judiciary, and judges are selected through exams. Today, we have a judicial institute to train Bahraini judges, who are also trained on human rights. However, our judiciary, like all justice systems in the world, always faces the challenge of development and modernization, which is what we are working on. How would you rate the justice and legal cooperation among the countries of the GCC? - Cooperation among the Gulf Ministers of Justice began in 1997. There is actually strong coordination, and we have legal framework agreements that deal with sentences, punishment and extradition. We have also signed bilateral agreements between the GCC and other countries, allowing the existence of many levels of cooperation to be recognized by states. I believe that this stems from the desire of the Ministers of Justice in the Gulf in closely coordinating legislative regulations to serve business purposes and achieve further rapprochement among the countries of the GCC at all levels. Let us not forget that there is a sense of citizenship enjoyed by the citizens of the GCC countries. Today, lawyers have the right to practice law in any country of the GCC without hindrance. The same applies to the implementation of sentences. Any court decision issued in any country of the GCC is enforceable in all of those countries. While the laws in our countries are similar, they are not identical. In fact, the experience of cooperation has proved to be successful in all areas, including civil, commercial or security and terrorism-related issues. We have all benefited from this cooperation and coordination. I must also mention here that there exists a good level of legal and judicial cooperation among all the Arab countries. The Prosecutor of the International Criminal Court (ICC) Luis Moreno-Ocampo said that you have signed the statute of the ICC, but that you have not yet ratified it. When will this happen? - This matter depends on regional Arabic coordination, and also depends on what this court can prove in terms of its capability to deliver a convincing sense of international criminal justice.
