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Third Trial Session for Clerics: 13 Hours of Unfair Judicial Proceedings Bahrain Forum for Human Rights (BFHR): Trial Proceedings Lack Minimum Fair Trial Standards; and There Are Reports of Prior Coaching of Prosecution Witnesses Continuing the developments regarding the case of detained Shia religious scholars in Bahrain, whose first hearing commenced on July 5, the third trial session took place yesterday, Wednesday, August 19, 2026. According to available information, the session lasted for more than 13 hours. The court adjourned the case for further arguments, splitting it into multiple cases scheduled across different dates on August 30 and 31, and September 1 and 2, 2026. BFHR has previously documented blatant violations against the detained scholars in its prior statements. Most notably, in its statement issued on July 5, 2026, titled "BFHR: Stop Politicizing the Trial of Religious Scholars and Respect Fair Trial Guarantees!", BFHR refuted the Public Prosecution's statement regarding the initial session. That statement contained definitive language and accusations that breached the presumption of innocence and compromised the defendants' right to a fair and impartial trial. Furthermore, on July 16, 2026, in a statement titled "BFHR: Second Trial Session of the Scholars—Between Defense Restrictions and Coerced Confessions", BFHR highlighted the legal infractions of the second session. It noted that the trial lacked the most basic fair trial standards—principally the right to defense, the presumption of innocence, judicial independence, protection from torture and degrading treatment, and immunity from forced confessions. We reiterate that the detainees include senior Shia clerics—eight of whom are being tried in absentia. They serve as professors of advanced Islamic studies (Bahth al-Kharij), Friday prayer leaders, directors of Islamic seminaries (Hawzas), representatives of religious authorities (Marja'iyya) in the holy cities of Najaf and Qom, and congregational prayer leaders across 52 mosques, alongside a large number of religious speakers and activists. Regarding the proceedings of the third session, documented reports indicate that defendants, judges, and witnesses were physically separated into different rooms, with prosecution witnesses testifying via video stream. Additional information indicates prior coaching of prosecution witnesses by security and official entities. BFHR again strongly condemns the measures taken against the scholars in this trial, stating: "Isolating prosecution witnesses to direct their testimony is an exceptionally dangerous practice. Bahraini law itself criminalizes perjury under Article 235 of the Penal Code, which penalizes any witness who, under oath, provides false testimony or conceals relevant facts. Moreover, Article 238 criminalizes the use of coercion, threats, or offers of gifts or benefits to induce a person to withhold testimony or commit perjury. Internationally, Article 14(3)(e) of the International Covenant on Civil and Political Rights (ICCPR) guarantees the accused the right to examine and cross-examine prosecution witnesses—a provision the UN Human Rights Committee considers a direct application of the principle of "equality of arms" between defense and prosecution. In short, testimony must not be a mere narrative presented by the prosecution to the court; the defense must be granted a genuine opportunity to test its veracity, origin, and the circumstances under which it was obtained. Notably, this separation measure was implemented after the currently detained cleric, Sheikh Hani Al-Banna, managed to address the court during the previous hearing. He directly confronted the judges regarding the charges and procedures—most notably thousands of confession pages the defendants were barred from reviewing and forced to sign under duress. He requested the court to subpoena the camera recordings from the Public Prosecution building, which would demonstrate that the accused scholars were brought inside for only a few minutes before being escorted out during interrogation and signing. Human rights monitors and additional sources emphasize that the continuation of these trials and repeated postponements fall within a broader policy of systematic targeting and restriction by authorities against the Shia community, its institutions, and its religious figures, deepening political and human rights tensions in the country. Based on the above, BFHR calls upon the Government of Bahrain to: - Immediately and unconditionally release all detained religious scholars, provide full material and moral redress for the harm suffered, and end all forms of arbitrary detention.
- Guarantee the right of all defendants to a fair and public trial before an independent court, enabling the defense full access to evidence and investigation records, along with the necessary time and facilities.
- Ensure the right of all defendants to regular, confidential communication with their lawyers, allow family visits, and lift restrictions on telephone calls.
- Fully comply with the Bahraini Constitution and all international treaties, conventions, and covenants signed by Bahrain.
- Launch an immediate and independent investigation into reports of torture, ill-treatment, and coerced signing of statements.
BFHR further calls on the international community—specifically the UN High Commissioner for Human Rights and the Special Rapporteur on the Independence of Judges and Lawyers—to exert pressure and intervene swiftly to safeguard the dignity and safety of the scholars. The forum also urges the initiation of an urgent, independent international investigation aligned with global standards to ensure accountability, secure redress, and end the ongoing state of impunity in the country. Bahrain Forum for Human Rights (BFHR) August 21, 2026 |