BFHR: Public Prosecution Statement Against 41 Religious Scholars Undermines the Presumption of Innocence and Reinforces Targeting on the Basis of Belief

The #Bahrain Forum for Human Rights (BFHR) has reviewed the statement issued by the Public Prosecution on 31 May 2026 regarding the ongoing investigations involving 41 Shi'a religious scholars. According to the Public Prosecution, the case concerns a "principal organization linked to Iran's Islamic Revolutionary Guard Corps and the doctrine of Wilayat al-Faqih."

BFHR believes that the contents of the statement raise serious human rights and legal concerns relating to fair trial guarantees, respect for the presumption of innocence, and the protection of freedom of religion or belief.
BFHR strongly condemns the measures taken against the victims, which included mass arrests, the lifting of bank secrecy protections on their accounts, and the freezing or confiscation of certain funds and properties. Furthermore, the statement contained malicious public allegations of a serious criminal nature, including claims related to terrorism, at a stage when investigations are still ongoing and no final judicial ruling has been issued. This indicates that the case is politically motivated.
BFHR considers that the content of the statement is inconsistent with the principle of the presumption of innocence as set forth in Article 14(2) of the International Covenant on Civil and Political Rights (ICCPR). This provision affirms the right of every person charged with a criminal offence to be presumed innocent until proven guilty according to law before a competent, independent tribunal and through fair proceedings.
According to BFHR's assessment, the statement contained characterizations and conclusions of a decisive accusatory nature that could influence public opinion and create a preconceived perception of the accused persons' criminal liability before the completion of judicial proceedings.
BFHR also raises concerns that the statement exceeds the procedural role that the Public Prosecution is expected to perform at this stage, which should be limited to presenting the legal measures undertaken without issuing judgments or adopting definitive characterizations of the facts under investigation.
BFHR further notes that publishing details of the case and its alleged facts through the media and social media platforms during the investigation phase undermines fair trial guarantees and the defendants' right to a fair defense, particularly in the context of a judiciary that lacks independence.
BFHR expresses concern over the use of certain religious or sectarian terms and references contained in the statement, given the potentially adverse effects such language may have on freedom of religion or belief as guaranteed under Article 18 of the ICCPR.
BFHR believes that linking particular religious practices or affiliations to criminal allegations, without relying on specific acts that have been legally established, contributes to reinforcing stereotypes and discrimination against certain segments of society and leads to restrictions on the exercise of religious and cultural rights protected under international human rights law.
BFHR further emphasizes that combating crimes and acts criminalized by law must be based on specific individual conduct and verifiable legal evidence, free from any generalizations or characterizations that may be understood as targeting particular religious beliefs or sectarian identities.

In light of the above, the Bahrain Forum for Human Rights calls for:
1.    Full compliance with the international human rights obligations undertaken by Bahrain, particularly respect for the presumption of innocence and refraining from the use of any conclusive or incriminating language before final judicial judgments are issued.
2.    Ensuring that all defendants enjoy the full guarantees of due process and a fair trial, including access to legal counsel, access to the case file, and all procedural safeguards provided by law.
3.    The immediate and unconditional release of all scholars and citizens detained in connection with this case.
4.    The revocation of all precautionary measures imposed on the victims, including the freezing of bank accounts and the confiscation of funds and property.
5.    Refraining from any practices or rhetoric that associate the peaceful exercise of religious rites or sectarian affiliation with criminal or political accusations.
6.    Allowing relevant international bodies and United Nations human rights mechanisms to monitor developments related to this case and assess whether the measures taken are consistent with Bahrain's international obligations, including those relating to freedom of religion or belief and fair trial guarantees.