On the 20th of April a complaint was filed with the European Court of Human Rights (ECtHR) on behalf of Ali Mohammed Al-Showaikh. The Dutch Government deported Al-Showaikh to Bahrain on the 20 October 2018, after his asylum application had been rejected. He had fled Bahrein out of fear of prosecution for his activities for the opposition. Al-Showaikh was arrested directly after his deportation and has been sentenced to life imprisonment.
Al-Showaikh played an active role in the Bahraini opposition group Barbar’s Revolutionary Youth Movement. However, the Dutch Immigration and Naturalisation Service (IND) did not seriously examine the evidence regarding his activities. Right before his deportation, Al-Showaikh also submitted evidence regarding possible criminal prosecution but that was also disregarded by the IND. Furthermore the IND stated that the risks related to his brother’s prominent position in the opposition movement – for which he was granted asylum in Germany – were not sufficiently substantial.
Immediately after the deportation, organizations such as the Dutch Council for Refugees (Vluchtelingenwerk) and Amnesty International drew attention to Al-Showaikh's situation. In the meantime a debate took place in Dutch parliament that led to the instalment of a commission of inquiry. However, the Dutch government has not acknowledged the unlawfulness of the deportation.
In his ECtHR-complaint Al-Showaikh substantiates that Articles 3, 5 and 6 ECHR have been violated. As Al-Showaikh told the Dutch media (see here and here), following his deportation he was tortured and sentenced to life imprisonment without a fair trial.
The purpose of the complaint is to establish the that Dutch government acted unlawfully and to move the Dutch government to do its utmost to return Al-Showaikh to the Netherlands. At the very least the Dutch government should monitor Al-Showaikh’s detention conditions and ensure his right to a fair trial.
Al-Showaikh is represented in these proceedings by Flip Schüller and Tom de Boer.