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Bahrain’s decision to file charges against Ebrahim Sharif underscores the country’s tactical use of judicial harassment to suppress freedom of speech.
Ebrahim Sharif, the former secretary-general of the secular opposition group National Democratic Action Society (Wa’ad), was charged with “inciting racial hatred against the regime” under article 165 of Bahrain’s penal code. The alleged offenses stem from tweets Sharif posted.
“As we have seen in Bahrain’s treatment of human rights activist Nabeel Rajab, the charges against Ebrahim Sharif target freedom of expression in an attempt to stifle even the mildest criticism,” Melody Patry, head of advocacy, Index on Censorship said.
In the charges the public prosecution office quoted one of Sharif’s tweets: “The ministry of justice threatens to dissolve the remaining opposition societies because they ‘lost the fundamentals of political activity.’ What remains of the decor of the democratic state?”
The prosecution alleges that the use of the word “decor” implies that there is no democracy in Bahrain, a crime according to them.
The prosecution is also citing three other Twitter conversations: an exchange in which Sharif reminded the Tunisian interior minister, who had demanded respect for Bahraini sovereignty, that Tunisia’s ousted president Ben Ali had expressed the same sentiment to repress the opposition during the Arab spring; a series of tweets about protester Abdulla Alzjooz, who Sharif referred to as a “martyr”; and a retweet of an Amnesty International poster commemorating the 6th anniversary of the arrests of leaders of the 14th February movement, with which Sharif included a message of respect.
The Bahrain Institute of Rights and Democracy reported that it is currently unclear whether the case will be transferred to the courts, or if the government has imposed a travel ban on the political leader, who was previously imprisoned from 2011 to 2015, and then again from 2015 to 2016 on similar charges stemming from his involvement in the pro-democracy movement and speeches he delivered. He could now face up to three more years in prison.
The charges against Sharif came on the same day a Bahraini court heard opened dissolution proceedings against Wa’ad. he Bahraini government is accusing Wa’ad of inciting violence and filed for the group’s dissolution earlier in March, though it provided no evidence of its allegations. Wa’ad’s lawyers requested time to respond to the charges, and the next court date is set for 17 April 2017.
[vc_row][vc_column][vc_single_image image=”81222″ img_size=”full” add_caption=”yes”][vc_column_text]The Bahraini human rights activist Nabeel Rajab was due to be sentenced on 23 January but this was postponed for an eighth time. Rajab’s ninth trial date on charges of “spreading rumours in wartime,” “insulting a statutory body” and “insulting a neighbouring country” (Saudi Arabia) – all of which are related to comments on Twitter – will be 21 February.
A tweet by Index, which Rajab shared, is being used as evidence against him. He is the winner of a 2012 Index on Censorship Freedom of Expression Award for his efforts in speaking out against human rights infringements by Bahraini government in 2011 and was a judge of the Index on Censorship Freedom of Expression Awards in 2016.
“Bahrain’s continued judicial harassment of Nabeel Rajab only serves to mar the country’s image in the international community,” Melody Patry, head of advocacy at Index on Censorship, said. “This latest postponement is just more evidence of the Bahraini government’s disregard for global human rights norms. We urge Bahrain to immediately drop all charges against him.”
Rajab was arrested and sentenced in 2012 for voicing his critical opinions about Bahraini authorities and for leading pro-democracy protests. He has since been released and re-arrested multiple times, and his time spent in solitary confinement and unclean conditions have caused a serious decline in his health.
Rajab also faces numerous other charges, including for a letter he wrote to the New York Times in September 2016 and an opinion piece in Le Monde in December 2016.
Sayed Ahmed Alwadaei, director of advocacy at the Bahrain Institute for Rights and Democracy, said: “Nabeel Rajab faces over 17 years in prison for these pathetic charges. Now the UK is setting a dangerous precedent in providing bombs and jets to Saudi Arabia and Bahrain, worth billions, while watching in silence as rights campaigners who took a principled stance against wars and torture are harshly punished.”
There are many who face a similar plight in Bahrain. Although it is considered to be one of the most connected countries in the world in terms of technology, Bahrain has a reputation for regularly blocking critical news, as well as human rights and opposition websites. Social media is strictly monitored and the government routinely revokes the citizenship of many of its critics, rendering them stateless.
Ebrahim Sharif, former secretary-general of the secular, left-wing National Democratic Action Society, was sentenced on 13 November 2016 to a three-year prison sentence for “inciting hatred against the regime” after speaking to the Associated Press.
He was sentenced to five years in prison in 2011 for the same charges. After facing brutal torture and imprisonment in solitary confinement for 56 days, Sharif received a royal pardon on 19 June 2015. He served four years and three months in prison.
Sharif is a member of the Bahrain 13, a group of high-profile human rights advocates who were arrested, tormented and sentenced by a Bahraini military court in 2011.
Many other activists have been jailed for exercising their right to free expression. Zainab Al-Khawaja is currently in exile in Denmark, where she is a dual citizen, with her two young children. They arrived there on 6 June 2016 after she was threatened with new charges that would result in long sentences and separation from her children, following her release a week earlier.
Her father, Abdulhadi Al-Khawaja, is currently serving a life sentence for the part he played in the 2011 demonstrations in Bahrain. He was head of the 2012 Index Award-winning Bahrain Center for Human Rights with Nabeel Rajab. Al-Khawaja’s sister Maryam is also currently in exile in Denmark.
In 2015, the Liberties and Human Rights Department of Al-Wefaq National Islamic Society verified 1,765 opposition-related arrests. These included the incarceration of 120 children and five women.
On 9 October 2016, sports journalist Faisal Hayyat was arrested and sentenced to three months in prison by a Bahraini criminal court due to a tweet allegedly insulting the Sunni sect of Islam. Hayyat was also arrested in April 2011 for involvement in pro-democracy protests. He wrote on Facebook a few days before his most recent arrest about the extreme physical, psychological and sexual torture he endured while imprisoned.
Writer, blogger and president of the Women’s Petition Committee, Ghada Jamsheer, began her ten-month combined sentence on 15 August 2016. She was jailed in Bahrain for exercising her right to free expression on Twitter. She requested to be freed in order to serve the remainder of her sentences outside of the prison due to her debilitating rheumatoid arthritis, but the judge has yet to inform her of his decision.
On 17 July 2016, the Bahraini Public Prosecution decided to charge Nazeeha Saeed, an award-winning correspondent for Radio Monte Carlo Doualiya and France24, for illegally working for international media. In June 2016 Saeed faced a travel ban without her knowledge, only to discover that she could not leave the country when she wasn’t allowed to board a flight.
Many other journalists working for international media outlets have faced similar threats, including Sayed Ahmed Al-Mousawi, who was stripped of his citizenship in November 2015.
Bahrain continuously stifles free speech and silences critics. It also has the highest prison population per capita in the Middle East, including 3,500 prisoners of conscience.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”4″ element_width=”6″ grid_id=”vc_gid:1485190510938-e7ffcac4-a5c4-10″ taxonomies=”3368″][/vc_column][/vc_row]
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Theresa May
Prime Minister
10 Downing Street
London
SW1A 2AA
Cc: Boris Johnson
Secretary of State for Foreign and Commonwealth Affairs
King Charles Street
London
SW1A 2AH
December 4, 2016
Dear Prime Minister,
The undersigned organisations are writing to you in advance of your trip to Bahrain on 6 December to express our concerns over the deteriorating human rights situation in the country and the UK government’s abject failure to exert any positive influence in this regard.
After your meeting with King Hamad at 10 Downing Street on October 26, 2016, when he invited you to be the “guest of honour” at the Gulf Cooperation Council Leaders’ Summit, your office issued a statement referring to “the progress that had been achieved through the King’s ongoing domestic reform programme.”
Unfortunately, there is no evidence to support any claims of progress where human rights are concerned. In fact there has been a marked deterioration in the human rights situation in Bahrain since June 2016, when the authorities dissolved the main political opposition group, al-Wifaq, jailed the country’s leading human rights activist, Nabeel Rajab, and harassed and prosecuted Shia clerics who peacefully protested the arbitrary revocation of the citizenship of al-Wifaq’s spiritual leader, Sheikh Isa Qasim.
In November, authorities charged Ebrahim Sharif, a prominent political activist, with “inciting hatred of the political system” after he criticised Bahrain’s government and a state visit to Bahrain by Britain’s Prince Charles, which was undertaken at the request of the British government. Although authorities have reportedly dropped these charges against Sharif, Nabeel Rajab remains detained on spurious charges and the government has denied his requests to be freed on bail while judicial proceedings continue. He faces charges that on the face of it solely relate to his peaceful criticism of Bahraini government policies, including Bahrain’s participation in the Saudi-led coalition’s airstrikes in Yemen and alleged torture of prisoners in the country’s largest prison. It is extremely disappointing that the UK has not called for Nabeel Rajab’s release, or indeed the release of any dissidents who are in jail solely for expressing their rights to free expression and assembly.
In response to a Freedom of Information request submitted by the Bahrain Institute for Rights and Democracy in April 2015, the UK Foreign and Commonwealth Office stated that the UK has provided the Bahraini authorities with a package of technical assistance, funding, and training, “focused on strengthening the oversight mechanisms responsible for investigating allegations of torture and mistreatment and supporting the reform of detention procedures in Bahrain.” However, as a November 2016 report by Amnesty International and a 2015 report by Human Rights Watch made clear, authorities have made little progress in holding officials accountable for the mistreatment and torture of detainees.
According to Amnesty International, “the UK government’s portrayal of the Ombudsman and the Special Investigations Unit as model institutions is utterly disingenuous”. We also have concerns that Bahrain may soon break a five-year de facto moratorium on the death penalty. Mohammed Ramadan and Husain Ali Moosa are both facing the death penalty despite the fact that their convictions hinge almost entirely on confessions that they retracted and which they claim were extracted after torture. In the case of Mohammed Ramadan, an investigation by Reprieve and the Bahrain Institute for Rights and Democracy demonstrated that the Ombudsman sent misinformation to the FCO, claiming not to have received torture complaints, a false claim that FCO Minister Tobias Ellwood then repeated in response to a written question from Tom Brake MP.
Your status as the guest of honour at this summit is a clear reflection of the close alliance that the UK government now enjoys with the government of Bahrain and the other Gulf Cooperation Council states.
The Bahraini authorities’ orchestrated attack on the rights to free expression, assembly and association, has seriously undermined the prospects of a political solution to Bahrain’s domestic unrest. If your government is serious about its commitment to encouraging reform and dialogue, you should use this influence to press the government of Bahrain to put an immediate stop to this repression. We urge you in particular, as part of this trip, to urge your Bahraini hosts to release Nabeel Rajab and other the political detainees without whom no process of dialogue will be possible.
Yours,
Americans for Democracy & Human Rights in Bahrain
Bahrain Center for Human Rights
Bahrain Institute for Rights and Democracy
Campaign Against Arms Trade
English Pen
European Centre For Democracy and Human Rights
Gulf Centre for Human Rights
Human Rights Watch
Index on Censorship
Redress
Reprieve
Wales Pen Cymru
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To: Sheikh Hamad bin Isa Al Khalifa
King of Bahrain
CC :
Hon. Zeid Ra’ad Zeid al-Hussein
High Commissioner for Human Rights
Mr. John F. Kerry
United States Secretary of State
Frederica Mogherini
High Representative of the European Union for Foreign Affairs and Security Policy
The Right Honorable Boris Johnson
Foreign & Commonwealth Office
King Hamad,
We, the undersigned, express our deep concern with the Government of Bahrain’s campaign targeting journalists and activists exercising their right to free expression. On 9 October 2016, the Public Prosecution charged Faisal Hayyat, a sports journalist and social media activist, with insulting a sect and a religious figure. The government’s repeated harassment of Faisal and other online activists demonstrate the ongoing criminalization of free expression in Bahrain.
Faisal Hayyat is a renowned journalist and has appeared on various sports channels and has written for local Bahraini newspapers, Alalam, Albilad, and Akhbar Al Khaleej. He directs and presents short video programs online that provide critical perspectives on local politics.
Bahraini officials previously arrested Faisal in April 2011 for his involvement in the 2011 pro-democracy protests. The Bahraini security forces detained him for 84 days. During his detainment, authorities subjected Faisal to physical and psychological torture, including sexual harassment and degrading treatment. He has been vocal about this and recently published a letter on social media to the Bahraini Minister of Interior detailing the torture to which the government had subjected him. Government authorities never provided compensation for the abuse and never held any officials accountable. In the letter Faisal mentions, “I write this and I know it may cost me my freedom.”
On 7 October, Faisal published tweets commenting on events from early Islamic history. Two days later, Faisal was arrested and charged with “insulting a sect.” The government is therefore treating Faisal Hayyat’s opinion on events of Islamic history as a criminal liability. The government’s decision to prosecute him infringes both his freedom of expression and religion.
The undersigned NGOs believe Faisal has been targeted as part of a silencing campaign against critical voices of the government. Recently, the Bahraini government has brought further criminal charges against human rights defender Nabeel Rajab for an open letter published in the New York Times, and against political opposition leader Ebrahim Sharif for an interview he gave with the Associated Press. Furthermore, the opposition politician Fedhel Abbas received three years in prison for tweets criticizing the war in Yemen.
We, therefore, call on the authorities to respect Article 19 of the International Covenant on Civil and Political Rights (ICCPR), which mandates that “Everyone shall have the right to freedom of expression.” The Bahraini government must also respect Article 19 of the Universal Declaration of Human Rights (UDHR), which mandates that “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontier.”
As organisations concerned with the right to freedom of expression, we call on the Government of Bahrain to:
■ Immediately and unconditionally release Faisal Hayyat, Nabeel Rajab, and all internet users arrested and imprisoned for merely exercising their right to freedom of expression; and
■ Abide by international human rights standards, including the ICCPR and UDHR, by upholding the right to freedom of expression without any restrictions.
Signed,
Americans for Democracy and Human Rights in Bahrain
Adil Soz – International Foundation for Protection of Freedom of Speech
Afghanistan Journalists Center
Africa Freedom of Information Centre
Albanian Media Institute
ARTICLE 19
Bahrain Center for Human Rights
Bytes for All
Cambodian Center for Human Rights
Canadian Journalists for Free Expression
Center for Independent Journalism – Romania
Centre for Independent Journalism – Malaysia
Freedom Forum
Freedom House
Free Media Movement
Gulf Centre for Human Rights
Human Rights Network for Journalists – Uganda
Hungarian Civil Liberties Union
Independent Journalism Center – Moldova
Index on Censorship
Institute for Reporters’ Freedom and Safety
Institute for the Studies on Free Flow of Information
International Federation of Journalists
International Press Centre
International Press Institute
Maharat Foundation
MARCH
Media, Entertainment and Arts Alliance
Media Institute of Southern Africa
Palestinian Center for Development and Media Freedoms – MADA
PEN American Center
PEN International
Reporters Without Borders
Social Media Exchange – SMEX
South East European Network for Professionalization of Media
Vigilance pour la Démocratie et l’État Civique
World Association of Community Radio Broadcasters – AMARC
World Association of Newspapers and News Publishers
Bahrain Institute for Rights and Democracy (BIRD)
Bahrain Press Association (BPA)
Burundi Child Rights Coalition
English PEN
European – Bahraini Organisation for Human Rights (EBOHR)
European Center for Democracy and Human Rights (ECDHR)
International Federation for Human Rights (FIDH)
Project on Middle East Democracy (POMED)
Salam for Democracy and Human Rights
Union de Jeunes pour la Paix et le Developpement