Bahrain: NGOs call for an end to reprisals against human rights defenders

As the 32nd Session of United Nations Human Rights Council (UNHRC) opened in Geneva on 13 June, Nabeel Rajab, Bahrain’s most high profile human rights defender, was arrested after dozens of police officers raided his home at around 5am and confiscated his electronic devices. The day before, Bahraini human rights defenders and victims of violations were prevented from flying to Geneva.

Rajab, President of the Bahrain Center for Human Rights (BCHR), Founding Director of the Gulf Centre for Human Rights (GCHR) and Deputy Secretary General of FIDH, was reportedly arrested under order from the Ministry of Interior’s Cybercrimes Unit. Bahraini officials had imposed a travel ban on Rajab a year ago, and since April 2015 have maintained charges against him for crimes related to freedom of expression online. Despite the submission of several appeals against the ban, authorities remained unresponsive. On 14 June 2016, Rajab was transferred to the public prosecution; and new charges were brought against him of allegedly “publishing and broadcasting false news that undermines the prestige of the state.” The public prosecution remanded him to seven days in detention pending investigation.

In a new and concerning escalation of its crackdown against civil society, Bahraini authorities have also banned human rights defenders from leaving the country. The bans were imposed as the activists were attempting to travel from the Bahrain International Airport to Geneva to participate in the 32nd Session of UNHRC. The undersigned organisations are seriously alarmed by Bahrain’s restrictions civil society especially the restrictions preventing them from engaging with the UN.

On 12 June 2016, the Nationality, Passport, and Residence Department officials at Bahrain International Airport prevented at least six individuals from boarding their planes to Geneva. Bahraini authorities imposed a travel ban on Hussain Radhi of BCHR, Ebtisam Al-Saegh, Ebrahim Al-Demistani, someone who does not wish to be named, and the parents of Ali Mushaima, a victim of extrajudicial killing in 2011. The father of another victim of extrajudicial killing, Sayed Hashim, was stopped at King Fahd Causeway and told of the ban.

On 12 June, the authorities at the airport held the passports of Radhi and Al-Saegh for 45 minutes before informing them they were banned from traveling. They were referred to the Ministry of the Interior’s Nationality, Passport, and Residence Department to inquire about the reason for the ban. However, after inquiring at the Department, they were told that there are no travel bans imposed on them. Radhi and Al-Saegh then tried to travel through King Fahd Causeway but were again stopped for up to an hour and told that they cannot travel because of the travel ban.

Al-Demistani was also told that a travel ban – of which he had no prior knowledge – was imposed on him. An official at the Nationality, Passport, and Residence Department confirmed to him that there had been a notice on his name imposed by the public prosecution since 9 June 2016.

On 10 June 2016, authorities banned Dr. Taha Al-Derazi, a former political prisoner and activist, from traveling to the United Kingdom with his wife. He too was told to inquire at the Immigration, Passport, and Residency Department for more information but was also given no reason for the ban. Dr. Al-Derazi participated in the previous UNHRC session and it is believed that the ban is to prevent him from participating in the current session.

On 13 June 2016, Jalila Al-Salman, vice president of the dissolved Bahrain Teachers Society, was not allowed to leave Bahrain when she attempted to travel to Oslo. A travel ban has also been in place against human rights activist Maytham Al-Salman following his participation in various international human rights related conferences.

Preventing civil society from engaging with the UN is a relatively new tool being used in Bahrain to intimidate and silence freedom of expression. A pattern of reprisals against human rights defenders has emerged to prevent reporting on severe ongoing rights abuses in the country. As a signatory to the International Convention on Civil and Political Rights (ICCPR), Bahrain has committed to uphold international standards of freedom of movement and freedom of expression. Article 12 of the ICCPR states that, “everyone shall be free to leave any country, including his own.” Article 19 states that “everyone shall have the right to freedom of expression.” Both rights can only be restricted in limited circumstances.

On 06 June 2016, human rights defender Zainab Al-Khawaja and her two children, Jude and Abdulhadi, arrived in Denmark, where she is a dual citizen, after she was forced to leave the country. Al-Khawaja reported that after she was released from prison on 31 May 2016, she was threatened that if she did not leave Bahrain immediately, she would face new cases with lengthy sentences that would result in her being separated from both her children.

In light of this escalated attack on civil society in Bahrain, we call for the immediate release of all human rights defenders in Bahrain including Nabeel Rajab, and for the removal of the imposed travel bans which unfairly restrict activists’ freedom of movement. We also request that the President of the UNHRC, the UN High Commissioner for Human Rights, the Special Rapporteur on the Situation of Human Rights Defenders, the Special Rapporteur on Freedom of Opinion and Expression and the Special Rapporteur on the Rights to Freedom of Peaceful Assembly call on the Bahraini authorities to immediately and unconditionally lift the travel ban imposed on Bahrain’s civil society activists and guarantee Bahraini human rights defenders are free from intimidation and restrictions on their work, including at the UN. We also call on the international community to hold the government of Bahrain to its commitments and obligations to foster a safe environment for the peaceful enjoyment of universal human rights.

The government of Bahrain must immediately stop the ongoing reprisals against human rights defenders who are engaging with international mechanisms including the UN system.

Signed:

Americans for Democracy & Human Rights in Bahrain (ADHRB)
Arabic Network for Human Rights Information (ANHRI)
Bahrain Center for Human Rights (BCHR)
Bahrain Institute for Rights & Democracy (BIRD)
Cairo Institute for Human Rights Studies
CIVICUS: World Alliance for Citizen Participation
English PEN
European Centre for Democracy & Human Rights (ECDHR)
FIDH, within the framework of the Observatory for the Protection of Human Rights Defenders
Front Line Defenders
Gulf Centre for Human Rights (GCHR)
IFEX
Index on Censorship
International Service for Human Rights (ISHR)
Justice Human Rights Organization (JHRO)
Lawyer’s Rights Watch Canada (LWRC)
PEN International
Rafto Foundation for Human Rights
Reporters Without Borders (RSF)
Vivarta
World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection

Bahrain: critics and dissidents still face twin threat of statelessness and deportation

bahrain infographic

When we read about displaced people in the press, we usually hear about Syrian refugees fleeing IS or the one person per second displaced by natural disasters. We are less likely to be made aware of those who have become stateless through forced displacement.

Nationality is something most of us take for granted, but for the 10 million people worldwide who are effectively stateless, the issue is much less trivial.

Bahrain, in particular, has intensified the use of stripping citizenship from those who dissent or speak out in protest as a form of punishment. Since 2012 – when the country’s minister of the interior made 31 political activists stateless, many of whom were living in exile – 260 citizens have fallen victim, 208 in 2015 alone. Eleven juveniles, at least two of which have received life sentences, and 30 students are known to be among them.

Nationality is a fundamental right recognised in a series of international legal instruments, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights to which Bahrain is a signatory. The country repeatedly fails to comply with these obligations.

In 2014, new amendments to the country’s 1963 citizenship law further increased the power of the ministry of the interior and gave judges the authority to make anyone convicted under Bahrain’s anti-terrorism act, which fails to properly define terrorism, stateless.

In the case of Sayed Alwadaei, director of advocacy at the Bahraini Institute for Rights and Democracy (BIRD) and 71 others who were deprived of citizenship in January 2015, their “crimes” included vague terms such as “inciting and advocating regime change” to “defaming brotherly countries”.

Speaking to Index on Censorship, Alwadaei said: “Bahrain is setting up a dangerous precedent. No state has rendered as many of its citizens stateless in 2015. These revocations are politically motivated, and are becoming more common because they got away with it in 2012.”

“I was targeted because of my activism, and Bahrain considers human rights advocates as terrorists,” he added. “As I was not inside the country to face imprisonment, my nationality was the only way they could inflict pain on me. It was used as a tool to cause the maximum damage to stop my human rights work.”

While Alwadaei has not let the authorities take his identity, it does mean he is now stateless. “For my family, it means my infant son can’t have Bahraini citizenship, although his mother is also Bahraini.”

The danger for those made stateless inside Bahrain’s borders is that they do not have access to jobs, schools or health care and their bank accounts are closed, Alwadaei explains. “The people revoked of citizenship are at high risk of deportation by the court; many already have been under charges of  ‘illegal residency’.”

These instances are also increasing. Between 21 February and 20 March 2016, five stateless Bahrainis were deported. One of these was Hussain Khairallah, whose citizenship had been revoked since 2012. He had been a union organiser and one of the medics who treated wounded protesters during the Bahrain’s Bloody Thursday in February 2011 when security forces launched a pre-dawn raid to clear a protest camp at Pearl Roundabout in Manama.

Anyone speaking out against the authorities faces such risks.

These practices and threats should immediately cease and all those who have fallen victim should have their citizenship restored. It is their right.

International groups call for immediate and unconditional release of Zainab Al-Khawaja

12 April 2016
HM Hamad bin Isa al-Khalifa
King of Bahrain
Riffa Palace
Manama, Bahrain

Dear King Hamad,

We, the undersigned Bahraini and international non-governmental organizations (NGOs), would like to unequivocally condemn your government’s arrest of human rights defender Zainab Al-Khawaja along with her infant son. The implementation of Ms. Al-Khawaja’s prison sentence for merely exercising her right to free expression and assembly amounts to arbitrary detention is wholly unacceptable. While Foreign Minister Sheikh Khaled bin Ahmed Al-Khalifa indicated an intention to release her, she has not yet been freed from prison and we are concerned that these arbitrary charges remain against her. We therefore call on the Government of Bahrain to secure her immediate and unconditional release.

On 14 March 2016, security forces raided the home of Ms. Al-Khawaja’s parents-in-law looking for her. When they did not find her there, they went to her apartment and arrested Ms. Al-Khawaja along with her 15-month-old son, Abdulhadi. After they temporarily detained her and her son at the Al-Hoora police station, the authorities informed Ms. Al-Khawaja that she would be taken for a medical examination at the Ministry of Interior before being transferred to the Isa Town Detention Center to serve out her prison term. From the time of her arrest at 3:45 pm until her midnight arrival at the detention facility, security services denied Ms. Al-Khawaja any food for her son, despite repeated requests. Isa Town Detention Center has recently suffered an outbreak of Hepatitis C which puts both mother and son at risk. The demeaning and dangerous conditions of the detention center where Ms. Al-Khawja and her infant son are kept indicate a gender specific attempt to destabilize and hinder her peaceful human rights advocacy.

Bahraini courts sentenced Ms. Al-Khawaja to a total of three years and one month in prison, as well as a BHD 3,000 fine, on several charges related to her peaceful dissent and free expression. In December 2014, a court sentenced Ms. Al-Khawaja to three years and three months in prison on charges related to allegedly insulting a police officer during a peaceful protest and insulting the king by tearing up a photograph. In October 2015, Bahrain’s appeals court confirmed her conviction for insulting the king but reduced her sentence to one year in prison. Additionally, on 2 February 2016, the appeals court upheld a 9-month prison sentence against Ms. Al-Khawaja after she tried to visit her father, human rights defender Abdulhadi Al-Khawaja, in Jau Prison when he was on a hunger strike in August 2014.

The international community has repeatedly expressed grave concern over your government’s decision to prosecute Ms. Al-Khawaja for exercising her right to free expression and assembly. In 2014, the UN Chair-Rapporteur of the Working Group on Arbitrary Detention and the UN Special Rapporteurs on freedom of opinion and expression, human rights defenders, and freedom of peaceful assembly and of association urged your government to drop all charges against Ms. Al-Khawaja, warning that her detention could be considered arbitrary. A year later, these same Special Procedures issued a joint communication to your government stating that Ms. Al-Khawaja’s sentencing appears to “indicate a prima facie violation of the rights to freedom of opinion and expression and to freedom of association, as set forth in articles 19 and 22 of the ICCPR [International Covenant on Civil and Political Rights].” The United States Government has previously expressed concern over the fairness of Ms. Al-Khawaja’s trial, and – most recently – the Government of Denmark has raised Ms. Al-Khawaja’s case at the 31st session of the Human Rights Council in Geneva, insisting that she and her son be released. Furthermore, Ms. Al-Khawaja’s arrest comes during a session of the UN Committee on the Status of Women, where your government is taking part in discussions on how to protect women rights globally, while targeting women human rights defenders locally.

On 7 April 2016, the Foreign Minister, Sheikh Khaled bin Ahmed Al-Khalifa, stated that the authorities intend to release Ms. Al-Khawaja on humanitarian grounds. Sheikh Khaled provided no timeline for her release and her family has received no further guarantee that the government will release Ms. Al-Khawaja from prison. However, the foreign minister did indicate that the government will not drop any of the charges against Ms. Al-Khawaja, leaving her vulnerable to her re-arrest at any time.

We would like to join this growing chorus of international voices in calling for the immediate and unconditional release of Zainab Al-Khawaja and her infant son. The broad criminalization of peaceful dissent and free expression in Bahrain, as well as the government’s continued harassment and detention of human rights defenders, contravenes your obligations under international law, and is wholly unacceptable.

Sincerely,

Americans for Democracy & Human Rights in Bahrain (ADHRB)
Arab Center for the Promotion of Human Rights (ACPHR)
Association for Women’s Rights in Development (AWID)
Bahrain Center for Human Rights (BCHR)
Bahrain Institute for Rights and Democracy (BIRD)
Canadian Journalists for Free Expression (CJFE)
Cartoonists Rights Network International
CIVICUS World Alliance for Citizen Participation
Electronic Frontier Foundation (EFF)
European-Bahraini Organisation for Human Rights (EBOHR)
European Center for Democracy and Human Rights (ECDHR)
Freedom Forum
Gulf Centre for Human Rights (GCHR)
Human Rights Network for Journalists – Uganda
Human Rights Sentinel
Index on Censorship
Institute for the Studies on the Free Flow of Information (ISAI)
Institute of the Press and Freedom of Expression (IPLEX)
International Federation for Human Rights (FIDH)
International Federation of Journalists (IFJ) Asia Pacific
Justice Human Rights Organization (JHRO)
Khiam Rehabilitation Center for Victims of Torture
Lawyers Rights Watch Canada (LRWC)
Maharat Foundation-Lebanon
MARCH
National Union of Somali Journalists (NUSOJ)
Nazra for Feminist Studies (Egypt)
Observatorio Latinoamericano para la Libertad de Expresión (OLA)
Pacific Islands News Association
Pakistan Press Foundation (PFF)
PEN America
PEN Canada
Saudi Organization for Rights and Freedoms
Salam for Democracy and Human Rights
Social Media Exchange (SMEX)
Vigilance for Democracy and the Civic State
World Association of Newspapers and News Publishers

Bahrain: Lift the arbitrary travel ban on human rights activist Nabeel Rajab

His Majesty Sheikh Hamad bin Issa Al Khalifa,
King of Bahrain
Fax: +973 176 64 587

CC: His Excellency Lieutenant General Rashid bin Abdullah Al Khalifa
Minister of Interior
Email: [email protected]

His Excellency Sheikh Khaled Bin Ahmad Al Khalifa
Minister of Foreign Affairs
Fax: 00973 17 21 05 75; [email protected]

And Permanent Mission of Bahrain to the United Nations in Geneva
Fax: + 41 22 758 96 50; Email: [email protected]

21 January 2016

Your Majesty,

We, the undersigned NGOs, call on the Bahraini authorities to lift the arbitrary travel ban on human rights defender Nabeel Rajab in order that he be able to travel abroad with his family for the purpose of securing medical assistance for his wife, Sumaya Rajab.

Nabeel Rajab is President of the Bahrain Centre for Human Rights, Founding Director of the Gulf Centre for Human Rights, Deputy Secretary General of the International Federation for Human Rights and on the Advisory Committee of Human Rights Watch’s Middle East Division.

A public prosecutor imposed the travel ban on Nabeel Rajab without any judicial determination on July 13 2015, the day that Your Majesty pardoned him and ordered his release following his conviction for “publicly insulting official institutions” by criticizing the government on social media. The travel ban is related to two other speech-related charges that led to his arrest on April 2 2015, charges which prosecutors have not dropped.

The first outstanding charge is for allegedly “insulting a statutory body”, under article 216 of Bahrain’s Penal Code, based on his social media comments about the alleged torture of detainees in Jaw Prison in March 2015. The second accuses him of “disseminating false rumours in times of war,” under article 133 of the Penal Code, based on social media posts criticizing Saudi Arabia-led coalition air strikes in Yemen. Violations of articles 133 and 216 carry maximum sentences of 10 and three years in prison, respectively. Neither of the alleged acts upon which these charges are based were in any way recognisable criminal offences under international human rights law, and both involved the peaceful exercise of internationally protected rights to freedom of expression and to promote and protect human rights.

In November 2015, Sumaya Rajab was diagnosed with medical conditions requiring urgent and highly specialized treatment according to the medical expert team monitoring her condition. She was told that this treatment is not available in Bahrain.

In December 2015, Nabeel Rajab’s lawyers submitted their fourth appeal against the travel ban – they have submitted two requests to the attorney general, one request to the investigating prosecutor and one request to the Public Prosecution Office – requesting that it be lifted so he could accompany his wife. The Bahraini authorities have not responded to these appeals and the travel ban remains in place.

In November 2015, 81 Members of the European Parliament called on Your Majesty to lift Nabeel Rajab’s travel ban. The European Parliament passed a resolution in July 2015, shortly prior to Nabeel Rajab’s pardon, calling for his immediate and unconditional release alongside other prisoners of conscience. The same month, 44 members of the UK Parliament called on the government of Bahrain to drop Nabeel Rajab’s current charges and to release all political prisoners and those imprisoned for exercising their right to freedom of expression. After his release, three UN human rights experts – Michael Forst, David Kaye, and Maina Kiai – called for Nabeel Rajab’s charges to be dropped. This followed the UN High Commissioner for Human Rights, Prince Zeid Ra’ad Zeid Al-Hussein, call for the release of all those detained in relation to their peaceful activities in Bahrain in June.

We, the undersigned, therefore call on the Bahraini authorities to:

  • Drop all pending free speech-related charges against Nabeel Rajab;
  • Lift the travel ban immediately and unconditionally, thus allowing Nabeel and Sumaya Rajab to travel; and
  • Guarantee in all circumstances that human rights defenders in Bahrain are able to carry out their legitimate human rights activities without fear of reprisals, and free of all restrictions including judicial harassment.

Signatories:

Americans for Democracy and Human Rights in Bahrain (ADHRB)
Amnesty International
Arabic Network for Human Rights Information (ANHRI)
Bahrain Institute for Rights and Democracy (BIRD)
Bahrain Center for Human Rights (BCHR)
Cairo Institute for Human Rights Studies (CIHRS)
Canadian Journalists for Free Expression (CJFE)
CIVICUS
English PEN
European Centre for Democracy and Human Rights (ECDHR)
FIDH, within the framework of the Observatory for the Protection of Human Rights Defenders
Freedom House
Front Line Defenders
Gulf Centre for Human Rights (GCHR)
Human Rights Watch
Index on Censorship
International Media Support (IMS)
International Service For Human Rights (ISHR)
Lawyer’s Rights Watch Canada (LWRC)
Maharat Foundation
No Peace Without Justice
PEN International
Physicians for Human Rights
Rafto Foundation for Human Rights
Salam for Democracy and Human Rights
SENTINEL Human Rights Defenders
World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders