Groups urge UN to call on Bahrain to release human rights defender

[vc_row][vc_column][vc_column_text]H.E. Zeid Ra’ad Zeid al-Hussein
United Nations High Commissioner for Human Rights
Palais Wilson
52 rue des Pâquis
CH-1201 Geneva
Switzerland

CC: David Kaye, UN Special Rapporteur on Free Expression
Michele Forst, UN Special Rapporteur on Human Rights Defenders

Dear Mr. High Commissioner,

We, the undersigned human rights organizations, write to urge your office to urgently and publicly call on the Government of Bahrain to immediately and unconditionally release human rights defender Nabeel Rajab and drop the charges against him. His next, and likely final, trial date is scheduled for 28 December.

Nabeel Rajab’s trial is ongoing following the fifth extension of his court proceedings on 15 December. The further delay of Rajab’s trial to late December is additionally concerning due to the precedent established by the Bahraini government to take advantage of the time period around the end of year holidays to further violate human rights. For example, on 28 December 2014, the Government of Bahrain arrested and charged Sheikh Ali Salman, the Secretary General of the now dissolved Al-Wefaq political society, in relation to his free expression. Salman continues to serve a nine-year arbitrary prison sentence following his own lengthy trial.

This December, Nabeel Rajab could face up to 15 years in prison on charges regarding tweets and re-tweets from his account addressing torture in Bahrain’s Jau Prison, as well as criticizing Bahrain’s participation in Saudi Arabia-led military operations in Yemen. These military actions in Yemen, according to the United Nations, have so far been responsible for the deaths of more than 8,100 civilians, and include numerous unlawful airstrikes on markets, homes, hospitals, and schools. Rajab’s comments on Twitter about the Saudi-led coalition airstrikes in Yemen led to his arrest on 2 April 2015. Bahrain’s penal code provides for up to 10 years in prison for anyone who “deliberately announces in wartime false or malicious news, statements or rumors.”

Since June 2016, Rajab has been held in pre-trial detention, including two weeks of solitary confinement following his initial arrest.

Bahraini authorities released Rajab on 13 July 2015 in accordance with a royal pardon for previous Twitter-related charges following extensive international pressure. However, the Public Prosecution maintained this second round of charges against Rajab following his release and ordered his re-arrest nearly a year later on 13 June 2016. Rajab is also facing charges of “offending a foreign country” – Saudi Arabia – and “offending national institutions” for his comments about the torture of inmates at Jau Prison in March 2015. In October 2016, after months of trial hearings, the court reopened his case for investigation rather than dismissing the charges against him due to the lack of evidence.

Moreover, the government brought an additional charge against Rajab in relation to an open letter published in the New York Times on 4 September 2016. The Bahraini authorities immediately responded by charging Rajab with “undermining the prestige of the state.”

Since June 2016, Rajab has been held in pre-trial detention, including two weeks of solitary confinement following his initial arrest. The United Nations Standard Minimum Rules for Non-Custodial Measures state that “pre-trial detention shall be used as a means of last resort in criminal proceedings, with due regard for the investigation of the alleged offence and for the protection of society and the victim.” The government’s use of pretrial solitary confinement against Nabeel Rajab while prosecuting him for free expression is clearly an additional form of reprisal for his work as a human rights defender and is in breach of the UN’s standards for detention.

Nabeel Rajab is the co-founder and president of the Bahrain Center for Human Rights, the founding director of the Gulf Center for Human Rights, a Deputy Secretary General of the International Federation for Human Rights (FIDH) from 2012 to 2016, and holds advisory positions with Human Rights Watch. Amnesty International considers him to be a prisoner of conscience. His human rights activism and his peaceful criticism of the Bahraini authorities have resulted in his imprisonment on two previous occasions, between May 2012 and May 2014, and between January 2015 and July 2015.

Mr. High Commissioner, your office has pursued and published a number of communications in relation to human rights abuses perpetuated against Nabeel Rajab. Yet with his likely final court appearance approaching, it is imperative, now more than ever, to use the weight of your office to publicly defend him. We therefore call on you to issue a public statement in defense of Nabeel Rajab as a human rights defender arbitrarily detained for his free and peaceful expression. We further urge you to publicly call on the Government of Bahrain to immediately and unconditionally release Rajab, and to drop all charges against him.

Sincerely,

  1. Americans for Democracy & Human Rights in Bahrain
  2. Albanian Media Institute
  3. Amnesty International
  4. Article 19
  5. Association of Caribbean Media Workers
  6. Bahrain Center for Human Rights
  7. Bahrain Human Rights Society
  8. Bahrain Institute for Rights and Democracy
  9. Bahrain Press Association
  10. Brazilian Association for Investigative Journalism
  11. Cambodian Center for Human Rights
  12. Canadian Journalists for Free Expression
  13. Center for Media Studies & Peace Building
  14. CIVICUS: World Alliance for Citizen Participation
  15. Digital Rights Foundation
  16. Electronic Frontier Foundation
  17. English PEN
  18. European-Bahraini Organisation for Human Rights
  19. European Center for Democracy and Human Rights
  20. Foro de Periodismo Argentino
  21. Foundation for Press Freedom – FLIP
  22. Free Media Movement
  23. Freedom Forum
  24. Freedom House
  25. Free Media Movement
  26. Globe International Center
  27. Gulf Centre for Human Rights
  28. Independent Journalism Center – Moldova
  29. Index on Censorship
  30. International Federation for Human Rights (FIDH), within the framework of the Observatory for the Protection of Human Rights Defenders
  31. International Press Institute
  32. International Service for Human Rights
  33. Journaliste en danger
  34. Maharat Foundation
  35. MARCH
  36. Media, Entertainment and Arts Alliance
  37. Media Institute of Southern Africa
  38. Media Watch
  39. National Union of Somali Journalists
  40. No Peace Without Justice
  41. Norwegian PEN
  42. OpenMedia
  43. Pacific Freedom Forum
  44. Pacific Island News Association
  45. Palestinian Center for Development and Media Freedoms – MADA
  46. PEN American Center
  47. PEN Canada
  48. PEN International
  49. Reporters Without Borders (RSF)
  50. South East European Network for Professionalization of Media
  51. Vigilance pour la Démocratie et l’État Civique
  52. World Association of Newspapers and News Publishers
  53. World Organization Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders

Individuals:

Clive Stafford Smith OBE, Founder, Reprieve[/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:1482250766050-89540f7d-7e72-0″ taxonomies=”3368″][/vc_column][/vc_row]

Bahraini human rights activist to face trial

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Nabeel Rajab, BCHR – winner of Bindmans Award for Advocacy at the Index Freedom of Expression Awards 2012 with then-Chair of the Index on Censorship board of trustees Jonathan Dimbleby

Bahraini human rights activist Nabeel Rajab, an Index award winner, has been imprisoned for tweeting about the Bahraini government, and could face up to 15 years in jail. Rajab was taken from his home the morning of 13 June 2016 and has been awaiting trial ever since.

His trial has been postponed four times. The first date, intended to be 2 August was postponed to 5 September, then 6 October to 31 October, and now the trial is currently set for 15 December. Rajab has faced cruel conditions while awaiting his trial and even had to be hospitalised after being held in solitary confinement.

Nabeel Rajab is the president of the Bahrain Centre for Human Rights and has been targeted by the Bahraini government multiple times over the years for his activism.

Index on Censorship will be taking part in a vigil for Nabeel Rajab at 10 Downing Street. This is because the UK continually supports Bahrain despite the violation of human rights displayed by its government. Come gather in front of 10 Downing Street to remind the UK that opinions are not crimes.

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When: Wednesday 14 December 12:30pm
Where: 10 Downing Street, London SW1A 2AA

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Bahrain: Prominent rights activist charged for New York Times letter

Nabeel Rajab, BCHR - winner of Bindmans Award for Advocacy at the Index Freedom of Expression Awards 2012 with then-Chair of the Index on Censorship board of trustees Jonathan Dimbleby

Nabeel Rajab, right, Bahrain Center for Human Rights – winner of Bindmans Award for Advocacy at the Index Freedom of Expression Awards 2012 with then-chair of the Index on Censorship board of trustees Jonathan Dimbleby

Bahrain’s Public Prosecutor today charged prominent human rights activist, Nabeel Rajab, after the New York Times published his letter from prison. Mr. Rajab has been held in detention on charges related to his online freedom of expression since 13 June and is already facing 15 years’ imprisonment. The Bahrain Institute for Rights and Democracy, Americans for Democracy and Human Rights in Bahrain, the Bahrain Center for Human Rights and Index on Censorship condemn all the charges against Mr. Rajab and call for his immediate release.

On 4 September, the New York Times published a letter by Mr. Rajab, written during his time in detention. In the letter, he states that he was threatened into silence after being released from detention in July 2015. He also exposed how a meeting with the US Secretary of State John Kerry led to him being interrogated by Bahrain’s cyber crimes unit.

Mr. Rajab was called into interrogation by the Criminal Investigations Directorate on 4 September and questioned by officials regarding the article. He was further interrogated today by the Public Prosecutor. He was denied access to a lawyer on both occasions.

statement published by the Public Prosecution Office today announced that Mr. Rajab has been charged with “intentionally broadcasting false news and malicious rumours abroad impairing the prestige of the state”. The charge could lead to an additional one-year prison sentence.

Sayed Ahmed Alwadaei, the Director of Advocacy at the Bahrain Institute for Rights and Democracy said, “Anyone can read the words of Nabeel Rajab on the New York Times to see how pathetic this charge–which is completely contrary to the principle of free expression–is. During a time where authorities are punishing anyone with a contrary opinion, its attacks on the most basic universal freedoms have only caused further instability”.

The Bahrain Institute for Rights and Democracy spoke to Mr. Rajab’s lawyers who stated that the Public Prosecution refused to allow them to attend the interrogation. Despite inquiring about the interrogation at the Public Prosecution office, while Mr. Rajab was there being interrogated, officials denied that he was being questioned. The lawyer was not informed of Mr. Rajab’s interrogation by the Criminal Investigation Directorate.

Jodie Ginsberg, the CEO of Index on Censorship said, “Index on Censorship is appalled at this latest move by Bahrain to suppress Nabeel Rajab’s free speech. Bahrain’s allies – especially the United Kingdom – need to speak out now, publicly condemn this charge and call for Nabeel’s immediate release.”

Since 2011, Mr. Rajab has faced multiple prosecutions and prison sentences for his vocal activism. He was placed on a travel ban in 2014 and has been unable to leave the country. He faces other charges of “insulting a statutory body”, “insulting a neighbouring country”, and “disseminating false rumours in time of war”. These are in relation to remarks he tweeted and retweeted on Twitter in 2015 about torture at Bahrain’s Jau prison and the humanitarian crisis caused by the Saudi-led war in Yemen. He may face up to 16 years in prison if convicted.  His trial was postponed again today to 6 October 2016 for ruling and the judge refused renewed requests to release him. At the court Rajab informed the sitting judge that he considered the charges against him “malicious” and that his arrest came as consequences of his meeting with John Kerry.

Husain Abdulla, the Executive Director of Americans for Democracy and Human Rights in Bahrain said, “The entire case against Nabeel Rajab has been a sham from the start, and this new charge further shows it to be nothing but an attack against free peaceful expression. Its time for Washington to send a strong message to its ally that it will not tolerate such blatant repression by suspending all arms sales with the Al Khalifa regime”.

As a signatory to the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, Bahrain has an obligation to uphold individuals’ rights to freedom of expression. This includes free expression online. Everyone accused of crimes must also be afforded the right to a fair trial including access to a lawyer. Access to justice is a basic principle of the rule of law and all persons should be entitled to access a lawyer of their choice at all stages of judicial proceedings.

Recent coverage of Nabeel Rajab’s case
Bahrain delays court date for human rights campaigner for third time
Bahrain: Protesters celebrate Nabeel Rajab’s birthday and call for his release
Index award winners and judges call for release of Bahraini campaigner
Groups urge Bahrain to release prominent human rights defender
Who is Nabeel Rajab?

Bahrain delays court date for human rights campaigner for third time

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

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

On Monday, 5 September a Bahraini court delayed the trial of Index award-winning human rights campaigner Nabeel Rajab for a third time. The new trial date is now 6 October 2016.

“Once again, Bahrain’s repression of freedom of expression is on display for all the world to see. Nabeel has committed no crimes. He is held for expressing opinions that people around the world take for granted. We ask Bahrain to end its judicial harassment of Nabeel and renew our call for UK Prime Minister Theresa May to urge Nabeel’s release,” Jodie Ginsberg, CEO, Index on Censorship said.

Rajab faces up to 10 years in prison if convicted of spreading “false or malicious news, statements, or rumours” under article 133 of Bahrain’s penal code; a further two years imprisonment if convicted under article 215 of the penal code for “offending a foreign country [Saudi Arabia]” for tweets related to the Saudi-led war in Yemen and an additional three-year sentence if convicted of “offending a statutory body” under article 216 of the penal code for comments criticising conditions in Bahrain’s Jau prison.

In addition to these charges, he may also face a trial on charges of “spreading false news” for similar statements made during televised interviews last year. That case has not yet been referred to court, but is believed to have served, among others, for his arrest on 13 June.

Arrested on 13 June 2016 at his home, Rajab was held in filthy conditions and solitary confinement that have exacerbated heart and other health issues. Originally scheduled to appear in court on 12 July, the case was moved to 2 August when it was rescheduled for 5 September.

Recent coverage of Nabeel Rajab’s case
Bahrain: Protesters celebrate Nabeel Rajab’s birthday and call for his release
Index award winners and judges call for release of Bahraini campaigner
Groups urge Bahrain to release prominent human rights defender
Who is Nabeel Rajab?