Report of the Bahrain Independent Commission of Inquiry

Chapter VII — Other Human Rights Issues
transportation system [in Bahrain] sucks” on his/her Facebook wall; another
student was investigated and disciplined for writing “all I need is my
freedom” on his/her Facebook wall. In both cases, the institution invoked a
university policy that bans the use of insults or defamatory language against
the royal family and the GoB as a ground for expulsion.
1476. Students from Bahrain Polytechnic claim that the CEO of the school
sent a series of SMS messages to the student body throughout the events. One
of the messages warned students not to post statements critical of the GoB on
social networking websites. The message allegedly stated that such critical
comments would be referred to the police for investigation. While the
Commission was able to confirm that Bahrain Polytechnic does send out text
messages to students on behalf of the CEO, investigators were unable to verify
the source and content of messages described by witnesses.
1477. Bahrain Polytechnic asserted that its disciplinary actions against
students were based on its constitution and local Bahraini education laws, as
well as on international human rights conventions and the university’s internal
policies. 734 The main law that Bahrain Polytechnic identified as the basis for
its disciplinary actions against students is article 33 of the Constitution of
Bahrain, which reads:
(a) The King is Head of State, and its nominal representative, and
his person is inviolate. He is the loyal protector of the religion
and the homeland, and the symbol of national unity.
(b) The King safeguards the legitimacy of the government and the
supremacy of the constitution and the law, and cares for the rights
and freedoms of individuals and organizations.
1478. Letters of expulsion to Bahrain Polytechnic students noted that
students had violated article 3 of Law No. 27 of 2005 on education. However,
Law No. 27 of 2005 does not provide that students expressing political
opinions or participating in political activities be expelled. In fact, of the nine
clauses comprising this article, one refers to the need of students to develop
their personal capabilities through critical thinking and proper expression.
1479. The Bahrain Polytechnic policy lists a number of student rights and
obligations, including the following: the obligation to respect the social and
cultural differences of individuals; a ban against sectarian discrimination; the
obligation to respect the needs of others; a ban against demonstrations inside
the university campus; freedom from any form of harassment or unjust
discrimination; and the obligation of the university to provide competitive and
effective teaching. Bahrain Polytechnic also referred to Law No. 32 of 2006,
which regulates public meetings and demonstrations. Under Law No. 32 of
734 According to reports submitted to Commission investigators during a meeting with Bahrain
Polytechnic administrators at the Ministry of Education on 21 August 2011.
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