Bahrain: Nabeel Rajab to face trial for expressing opinion

Nabeel Rajab during a protest in London in September (Photo: Milana Knezevic)

Nabeel Rajab during a protest in London in September (Photo: Milana Knezevic)

Human rights activist Nabeel Rajab will stand trial on 19 October for allegedly insulting Bahraini government institutions on Twitter.

On 1 October, Rajab, president of the 2012 Index Freedom of Expression Award winner Bahrain Centre for Human Rights (BCHR) and director of the Gulf Centre for Human Right (GCHR), was summoned by the cyber crimes unit of the Criminal Investigation Directorate. He is alleged to have “denigrated government institutions” on Twitter, according to the Ministry of Interior. Rajab was released in May after two years in prison on charges including making offensive tweets and taking part in illegal protests.

The arrest came shortly after Rajab’s return to Bahrain following an international trip to raise awareness of human rights violations in his country. He was calling for the release of human rights activists — and father and daughter — Maryam and Abdulhadi Al-Khawaja. Maryam has since been released on bail, her travel ban lifted and trial postponed until 5 November. Abdulhadi continues to serve the life sentence handed down to him in 2011, after playing a prominent role in the country’s pro-democracy protests that year.

Rajab had been scheduled to appear before a judge Thursday afternoon to decide on whether to extend his 7-day pre-trial detention or to release him. But he was summoned to appear before the public prosecutor this morning.

A new complaint was lodged with prosecutors by the Ministry of Defence (MOD) in relation to the tweet. The MOD claims the tweet was insulting to the country’s security and military institutions. This morning’s interrogation lasted about 40 minutes, during which Rajab denied the charges and said that he was expressing his views on a public issue that is open for public debate, and it is his right of freedom of expression.

Rajab then met with his lawyer, who said she found out from Twitter that he had been referred to trial before the Lower Criminal Court – Chamber III on 19th October 2014. Rajab is now detained pending trial.

Rajab is now facing the charge of insulting/offending Public bodies based on the complaints filed by the Ministry of Interior and the Ministry of Defense. This crime is punishable by fine or by imprisonment which could reach up to 3 years based on the provisions of Article 216 read with Articles and 54 and 56 of the Penal Code which provide that:

Article 216: “A person shall be liable for imprisonment or payment of a fine if he offends by any method of expression the National Assembly, or other constitutional institutions, the army, law courts, authorities or government agencies.”

Article 54: “Imprisonment means the spending by a convicted person of the term of the prison sentence in one of the prisons facilities intended for this purpose in accordance with the Law. A prison sentences shall not be less than 10 days and shall not be more than 3 years unless the law otherwise provides.”

Article 56: “A penalty involving payment of a fine means obliging a convicted person to pay to the State the amount specified in the judgment. A minimum fine shall be BD1 and the maximum thereof, shall BD1,000 in case of felony and BD500, without prejudice to the limits prescribed by the Law for each offence. In determining the fine, a judge shall give regard to the financial condition of the convicted person. He shall be empowered to exceed the maximum by no more than double the amount if he deems fit.”

In September, Rajab spoke to Index about the human rights situation in Bahrain.

This article was posted on 9 Oct 2014 at indexoncensorship.org.

Index calls on UK to speak out against Bahraini human rights abuses after Rajab arrest

Nabeel Rajab during a protest in London in September (Photo: Milana Knezevic)

Nabeel Rajab during a protest in London in September (Photo: Milana Knezevic)

Nabeel Rajab, a prominent Bahraini human rights activist and Index award winner, has been detained for seven days while being investigated for claims that he offended the Ministry of Interior over Twitter.

Index CEO Jodie Ginsberg said: “Index is deeply concerned that the UK government has done little to press Bahrain to improve its human rights record. Instead the UK talks repeatedly of improvements in the human rights system in Bahrain when it is clear that rights such as freedom of expression are not being respected.” Index is writing to UK MPs to raise the case of Rajab.

On 1 October, Rajab, president of the Bahrain Centre for Human Rights (BCHR) and director of the Gulf Centre for Human Right (GCHR), was summoned by the cyber crimes unit of the Criminal Investigation Directorate. He is alleged to have “denigrated government institutions” on Twitter, according to the Ministry of Interior. Rajab was released in May after two years in prison on charges including making offensive tweets and taking part in illegal protests.

Rajab “has been targeted with repeated arrest and detention because of his work in the field of human rights” and “the government’s aim is to hinder his advocacy work both inside and outside of Bahrain”, said BCHR, Americans for Democracy and Human Rights in Bahrain (ADHRB) and the Bahrain Institute for Rights and Democracy (BIRD).

The arrest came shortly after Rajab’s return to Bahrain following an international trip to raise awareness of human rights violations in his country. He was calling for the release of human rights activists — and father and daughter — Maryam and Abdulhadi Al-Khawaja. Maryam has since been released on bail, her travel ban lifted and trial postponed until 5 November. Abdulhadi continues to serve the life sentence handed down to him in 2011, after playing a prominent role in the country’s pro-democracy protests that year.

While in London, Rajab told Index about the human rights and free speech situation in Bahrain, saying that “at least 50,000 people” had been in and out of jail in the past three months alone, “just for practising their right to freedom of assembly, freedom of gathering, freedom of expression”.

“It is time for Bahrain’s rulers to stop harassing human rights defenders and silencing free speech, and live up to their international obligations – including those they pledged again to uphold as part of the UN Universal Periodic Review just last month. Please, let our colleagues go free. Free Nabeel Rajab and drop the charges facing Rajab and the Al-Khawajas, ” GCHR said in a statement.

Correction 10:30, 3 October: Due to a typo, an earlier version of this article used the number “50,0000” instead of “50,000”.

This article was posted on 2 October 2014 at indexoncensorship.org

Bahrain: Human rights defender remains jailed

UPDATE 4 September 17:22: Maryam Alkhawaja has a court date scheduled for 9am on Saturday 6 September, according to Travis Brimhall, head of the international office at the Bahrain Center for Human Rights.

Prominent human rights activist Maryam Alkhawaja has been jailed in Bahrain. She was detained at Bahrain International Airport on Friday as she tried to enter the country, and has yet to meet with her lawyer.

Alkhawaja, a dual Danish-Bahraini citizen, had her Danish passport confiscated and was told she no longer held Bahraini citizenship. She was also barred from using her phone or contacting her family, according to the Gulf Centre for Human Rights (GCHR), the organisation of which she is co-director. GCHR also reported that she was interrogated on charges of assaulting and injuring police officers, while lawyer Mohamed Al Jishi said he was not allowed to speak to his client before she was questioned. She is currently held in Isa Town women’s prison.

Alkhawaja was travelling to see her imprisoned father, who last week started a hunger strike. Abdulhadi Alkhawaja is a Bahraini human rights campaigner who co-founded the Bahrain Centre for Human Rights (BCHR), which won the 2012 Index Freedom of Expression Award for Advocacy. He was sentenced to life in prison on terrorism charges following pro-democracy protests that swept the country in 2011. Abdulhadi and his daughters Maryam and Zainab are outspoken critics of human rights violations in the constitutional monarchy, which is categorised as “not free” by Freedom House.

The case first gained attention after Alkhawaja tweeted about being detained on Friday, and an unnamed person close to the family continues to provide updates through her Twitter account. On Saturday, the account reported that she is also facing charges of insulting the king of Bahrain and over an anti-impunity campaign she was involved with in November 2013.

Human Rights Watch called the arrest “outrageous”, while GCHR has labelled the charges “fabricated” and has called on the international community to put pressure on Bahraini authorities to release father and daughter. The Danish Ministry of Foreign Affairs is sending a representative to Bahrain to provide support. Foreign Minister Martin Lidegaard tweeted on Sunday that a “solution must be found in Al-Khawaja case” and that he has raised the issue with the European Union.

This comes as the Supreme Court of Appeal in Bahrain on Sunday upheld a 10-year sentence on photographer Ahmad Humaidan. He was convicted over an attack on a police station in 2012, but human rights groups believe the case against him is connected to his coverage of pro-democracy demonstrations.

This article was posted on 1 Sept 2014 at indexoncensorship.org

Bahrain revokes citizenship of 31 activists

Bahrain is preparing for the first anniversary of the Bahrain Independent Commission for Inquiry (BICI) by placing even greater restrictions on free expression.

Rebellious Feb14 | Demotix

A Bahraini woman holds up the victory sign at a rally in May | Demotix

As violence escalates in the Gulf kingdom, the country’s government has taken new measures in the name of national security. According to an announcement made last night on the state-run Bahrain TV, the country’s government has decided to strip 31 activists of their citizenship for “being a threat to national security”. The list is mostly made up of political activists, including UK-based Saeed Shehabi and Ali Mushaima, who have been outspoken in criticising the country’s regime, and Al-Wefaq National Islamic Society member Jawad Fairouz, who was a member of parliament before resigning in protest of the country’s brutal response demonstrations that began on 14 February last year.

This is not a new tactic for Bahrain: The country also revoked the citizenship of outspoken activists in the 1980s and 1990s, forcing them into exile. The latest move, however, violates Article 17 of Bahrain’s 2002 constitution:

a. Bahraini nationality shall be determined by law. A person inherently enjoying his Bahraini nationality cannot be stripped of his nationality except in case of treason, and such other cases as prescribed by law.

b. It is prohibited to banish a citizen from Bahrain or prevent him from returning to it.

The decision comes after the tragic death of two migrant workers and the injury of another on 5 November following a bomb blast in Bahrain’s capital, Manama. While none of the 31 activists have been linked to the explosion, Bahrain continues to make efforts to portray the country’s uprising as violent.

Earlier this year, the attention around the hunger strike of imprisoned human rights activist Abdulhadi Alkhawaja and a brutal crackdown on protesters squashed Bahrain’s chances of whitewashing its public image with the Formula One race in April. After the BICI report was presented in November 2011, Bahrain’s government was determined to make the uprising history, but its unfulfilled pledges to reform came back to haunt it in the lead up to the race.

As Alkhawaja’s health deteriorated, the international community placed immense pressure on the Bahraini government to release him to Denmark, where he is also a citizen. Denmark granted Alkhawaja asylum in 1991, and the country’s government has been active in lobbying for his release. The activist moved back to Bahrain in 2001, and was jailed for his role in the country’s uprising in 2011. An editorial published in the Gulf Daily News in the race lead-up explored the “problem” of dual-citizens, claiming it was a “get out of jail free card” for criminals.

Bahrain’s failure to follow through on promised BICI-related reforms, as well as a disregard for its own constitution, signals a chilling next stage for the country.  The country’s most recent violence is testament to Bahrain’s failure to diffuse unrest with reforms, rather than force.

Sara Yasin is an editorial assistant at Index on Censorship. She tweets at @missyasin