Bahrain: Joint letter on human rights situation to the United Nations Human Rights Council

31 May 24 | Bahrain, News and features

Your Excellencies,

Ahead of and during the upcoming 56th Session of the Human Rights Council, we urge you and your delegation to raise concerns over the human rights situation in Bahrain, particularly regarding the continued arbitrary detention of human rights defenders and opposition leaders in Bahrain, many of whom have been wrongfully imprisoned since 2011.

Thirteen years since Bahrain’s popular uprising, systemic injustice has intensified and political repression targeting dissidents, human rights defenders, clerics and independent civil society has effectively shut any space for the peaceful exercise of the right to freedom of expression or peaceful activism in the country. Despite a series of legal reforms and the creation of new national human rights institutions, based on recommendations of the Bahrain Independent Commission of Inquiry, an independent panel commissioned by the King in response to international concern over the suppression of the 2011 protests, most of these measures have had little impact in practice.

The recent royal pardon issued by King Hamad bin Isa Al Khalifa on 8 April 2024, on the occasion of Eid Al-Fitr and the King’s Silver Jubilee, was a significant move. The pardon included the release of more than 650 political prisoners, marking a change in state policy from previous royal pardons, according to research conducted by the Bahrain Institute for Rights and Democracy. While the gesture is notable, Bahrain authorities must cease unjustly prosecuting their critics in the first place.

We also express concern that this pardon excluded many who played significant roles in the 2011 pro-democracy uprising, with an estimated 550 political prisoners remaining behind bars.

As Eid al-Adha approaches on 16 June 2024, and ahead of HRC56, we see a critical window of opportunity to advocate for further releases. We request that your governments continue to monitor the situation in Bahrain and raise concerns with Bahraini authorities at the highest level, publicly and privately. We further call on you to demand the immediate and unconditional release of all individuals imprisoned for their political beliefs and the retrial of those convicted and sentenced to death following unfair trials in full compliance with international fair trial standards.

Cases of concern

We bring to your attention specific cases of individuals who remain unjustly imprisoned in Bahrain, in violation of their human rights and despite widespread international condemnation.

  • Abdulhadi Al-Khawaja, a Bahraini-Danish human rights defender, has been arbitrarily detained since 2011 for his role in peaceful demonstrations. Bahraini authorities have subjected Al-Khawaja to severe physical, sexual, and psychological torture, and his health has deteriorated significantly during his prolonged imprisonment.
  • Abduljalil Al-Singace, an award-winning human rights defender and blogger, remains arbitrarily detained since 2011 after being sentenced to life in prison on charges of “plotting to overthrow the government”. He is now approaching three years since he began a solid-food hunger strike after authorities confiscated his research manuscripts, sustaining himself only on multivitamin liquid supplements, tea with milk and sugar, water, and salts. Despite his disability and hunger strike, he continues to be denied adequate medical care.
  • Hassan Mushaima, an opposition leader aged 76, is serving a life sentence solely for exercising his right to freedom of association and expression. Over the past few months, his health has deteriorated. He continues to be denied access to adequate healthcare and remains arbitrarily detained. Since they were transferred to Kanoo Medical Center in 2021, Al-Singace and Mushaima have been held in prolonged solitary confinement and denied access to sunlight.
  • Sheikh Ali Salman, the leader of dissolved opposition party Al-Wefaq, was convicted and sentenced to life imprisonment in 2018 on politically motivated charges related to espionage. He has been imprisoned since 2014 on a separate conviction related to speeches he delivered in 2014 against parliamentary elections that his party boycotted. Amnesty International declared him a prisoner of conscience and called his conviction “a travesty of justice.”

Over a decade ago, the Human Rights Council issued a statement of concern “about guarantees of due process in the trials of 13 political activists who had their sentences, including life sentences, upheld in January 2013.” We note that of the “13 political activists” referenced, ten remain arbitrarily detained, including some of those listed above.

In 2023, the Committee to Protect Journalists documented the imprisonment of journalists, including Ali Mearaj and Hassan Qambar, who were excluded from the recent releases.

Additionally, twenty-six individuals in Bahrain remain on death row at risk of imminent execution, many of whom allege torture and unfair trials. Mohammed Ramadhan and Husain Moosa, who have now spent over a decade unlawfully detained, were sentenced to death in an unfair trial marred by torture allegations.

Conclusions and recommendations

In light of the above, we respectfully urge your delegation to take a proactive stance in the lead-up to Eid al-Adha and during the upcoming session and:

  • Call on Bahrain to immediately and unconditionally release all individuals imprisoned solely for exercising their human rights.
  • Address these developments in your national capacity and jointly with other states, including during the Interactive Dialogues with the Special Rapporteurs and Independent Expert on health, freedom of expression, peaceful assembly and association, independence of judges and lawyers and international solidarity.
  • Issue a statement raising concern about individual cases of human rights defenders and opposition leaders who continue to be arbitrarily detained in Bahrain in violation of international law.

With assurances of our highest consideration.

Sincerely,

  1. Access Now
  2. ALQST
  3. Americans for Democracy & Human Rights in Bahrain (ADHRB)
  4. Amnesty International
  5. Article 19
  6. Bahrain Centre for Human Rights (BCHR)
  7. Bahrain Institute for Rights and Democracy (BIRD)
  8. Cairo Institute for Human Rights Studies (CIHRS)
  9. DAWN
  10. English PEN
  11. European Centre for Democracy and Human Rights (ECDHR)
  12. Fair Square
  13. Femena
  14. Freedom House
  15. Gulf Centre for Human Rights (GCHR)
  16. Human Rights First
  17. Human Rights Sentinel
  18. Human Rights Watch
  19. IFEX
  20. Index on Censorship
  21. International Federation for Human Rights (FIDH)
  22. International Service for Human Rights (ISHR)
  23. MENA Rights Group
  24. No Peace Without Justice
  25. PEN America
  26. PEN International
  27. Rafto
  28. Redress
  29. Scholars at Risk
  30. The #FreeAlKhawaja Campaign
  31. The Committee to Protect Journalists (CPJ)
  32. World Organisation Against Torture (OMCT)

Happy birthday Nabeel!

31 Aug 18 | Bahrain, News and features

[vc_row][vc_column][vc_video link=”https://youtu.be/HNYN5IHfDgE”][vc_column_text][socialpug_tweet tweet=”Happy Birthday @NABEELRAJAB! Bahrain must #FreeNabeel #OpinionsAreNotCrimes!” display_tweet=”Happy Birthday @NABEELRAJAB! Bahrain must #FreeNabeel #OpinionsAreNotCrimes!” remove_username=”yes”][/vc_column_text][vc_column_text]Have you expressed disapproval of your government? Called for more democratic decision-making in your country? Criticised prison conditions or criticised a country allied with your government? Retweeted a comment that included #opinionsarenotcrimes?

You are a criminal. You could be facing up to 15 years in prison for simply expressing your point of view if you lived in Bahrain.

Nabeel Rajab, just like you, thinks his country could be better. And he has made those views public. He speaks out against poor prison conditions and argues for more freedom of speech in Bahrain.

Friday 1 September 2018, marks his third birthday in prison, where he has been since 13 June 2016. He has been subjected to harsh treatment in often appalling conditions that have exacerbated his health issues.

Rajab is in prison for tweets and retweets about the war in Yemen in 2015, for which he is charged with “disseminating false rumours in time of war” (Article 133 of the Bahraini Criminal Code) and “insulting a neighboring country”  (Article 215 of the Bahraini Criminal Code), and for tweeting about torture in Jau prison, which resulted in a charge of “insulting a statutory body” (Article 216 of the Bahraini Criminal Code).

What’s worse, it’s just the latest in a long line of actions taken by the Bahraini government against Rajab, one of the Middle East’s most prominent human rights defenders.

Rajab has been subjected to ongoing judicial harassment, physical intimidation and imprisonment for his non-violent advocacy of democracy and for his calls for an end to endemic corruption. Police officers have beat him up, the country’s press have published the government’s accusations against without his side of the story. He has been imprisoned, pardoned, banned from travelling, rearrested and held in solitary confinement.

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, 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.

Despite the huge personal cost to himself and his family, Rajab continues to speak out.

His activism began during protests in the 1990s and grew with his involvement with the Bahrain Human Rights Society, which he helped found in 2000.

In 2002 he partnered with Abdulhadi al-Khawaja, who is now serving a life sentence for his human rights work, and others to launch the Bahrain Center for Human Rights, which was awarded an Index on Censorship Freedom of Expression Award in 2012. BCHR has consistently spoken out for non-violent resistance and the peaceful struggle for social justice, democracy and human rights.

Rajab has also been outspoken in working for the protection of the Gulf’s migrant workers, founding, in 2003, one of the first committees in the region to advocate improved conditions for them.

When the Arab Spring swept across the Middle East in 2011, Rajab participated in the pro-democracy protests that were focused on the Pearl Roundabout in the country’s capital Manana. His vocal criticism of human rights violations and outspokenness — even after the government issued a state of emergency and invited foreign intervention to help maintain control — brought him into frequent conflict with security forces.

Born 1 September 1964 to a middle-class family, he went to university in India to study politics, before returning to work in Bahrain. Rajab is married and has two children. He is a nephew of Mohamed Hasan Jawad, one of the “Bahrain 13” — political figures imprisoned for participating in the Arab Spring protests, and a cousin of Hussain Jawad, a prominent human rights activist arrested in February 2015.[/vc_column_text][vc_basic_grid post_type=”post” max_items=”12″ style=”load-more” items_per_page=”4″ element_width=”6″ grid_id=”vc_gid:1535714923645-bfdcebc4-5f38-6″ taxonomies=”3368″][/vc_column][/vc_row]

Bahraini government must immediately release Nabeel Rajab

29 Aug 18 | Bahrain, Bahrain Statements, Campaigns -- Featured, Statements

[vc_row][vc_column][vc_single_image image=”95198″ img_size=”full” add_caption=”yes”][vc_column_text]For the second time since 2013, the United Nations (UN) Working Group on Arbitrary Detention (WGAD) has issued an Opinion regarding the legality of the detention of Mr. Nabeel Rajab under international human rights law.

In its second opinion, the WGAD held that the detention was not only arbitrary but also discriminatory. The 127 signatory human rights groups welcome this landmark opinion, made public on 13 August 2018, recognising the role played by human rights defenders in society and the need to protect them. We call upon the Bahraini Government to immediately release Nabeel Rajab in accordance with this latest request.

In its Opinion (A/HRC/WGAD/2018/13), the WGAD considered that the detention of Mr. Nabeel Rajabcontravenes Articles 2, 3, 7, 9, 10, 11, 18 and 19 of the Universal Declaration on Human Rights and Articles 2, 9, 10, 14, 18, 19 and 26 of the International Covenant on Civil and Political Rights, ratified by Bahrain in 2006. The WGAD requested the Government of Bahrain to “release Mr. Rajab immediately and accord him an enforceable right to compensation and other reparations, in accordance with international law.”

This constitutes a landmark opinion as it recognises that the detention of Mr. Nabeel Rajab – President of the Bahrain Center for Human Rights (BCHR), Founding Director of the Gulf Centre for Human Rights (GCHR), Deputy Secretary General of FIDH and a member of the Human Rights Watch Middle East and North Africa Advisory Committee – is arbitrary and in violation of international law, as it results from his exercise of the right to freedom of opinion and expression as well as freedom of thought and conscience, and furthermore constitutes “discrimination based on political or other opinion, as well as on his status as a human rights defender.” Mr. Nabeel Rajab’s detention has therefore been found arbitrary under both categories II and V as defined by the WGAD.

Mr. Nabeel Rajab was arrested on 13 June 2016 and has been detained since then by the Bahraini authorities on several freedom of expression-related charges that inherently violate his basic human rights. On 15 January 2018, the Court of Cassation upheld his two-year prison sentence, convicting him of “spreading false news and rumors about the internal situation in the Kingdom, which undermines state prestige and status” – in reference to television interviews he gave in 2015 and 2016. Most recently on 5 June 2018, the Manama Appeals Court upheld his five years’ imprisonment sentence for “disseminating false rumors in time of war”; “offending a foreign country” – in this case Saudi Arabia; and for “insulting a statutory body”, in reference to comments made on Twitter in March 2015 regarding alleged torture in Jaw prison and criticising the killing of civilians in the Yemen conflict by the Saudi Arabia-led coalition. The Twitter case will next be heard by the Court of Cassation, the final opportunity for the authorities to acquit him.

The WGAD underlined that “the penalisation of a media outlet, publishers or journalists solely for being critical of the government or the political social system espoused by the government can never be considered to be a necessary restriction of freedom of expression,” and emphasised that “no such trial of Mr. Rajab should have taken place or take place in the future.” It added that the WGAD “cannot help but notice that Mr. Rajab’s political views and convictions are clearly at the centre of the present case and that the authorities have displayed an attitude towards him that can only be characterised as discriminatory.” The WGAD added that several cases concerning Bahrain had already been brought before it in the past five years, in which WGAD “has found the Government to be in violation of its human rights obligations.” WGAD added that “under certain circumstances, widespread or systematic imprisonment or other severe deprivation of liberty in violation of the rules of international law may constitute crimes against humanity.”

Indeed, the list of those detained for exercising their right to freedom of expression and opinion in Bahrain is long and includes several prominent human rights defenders, notably Mr. Abdulhadi Al-Khawaja, Dr.Abduljalil Al-Singace and Mr. Naji Fateel – whom the WGAD previously mentioned in communications to the Bahraini authorities.

Our organisations recall that this is the second time the WGAD has issued an Opinion regarding Mr. Nabeel Rajab. In its Opinion A/HRC/WGAD/2013/12adopted in December 2013, the WGAD already classified Mr. Nabeel Rajab’s detention as arbitrary as it resulted from his exercise of his universally recognised human rights and because his right to a fair trial had not been guaranteed (arbitrary detention under categories II and III as defined by the WGAD).The fact that over four years have passed since that opinion was issued, with no remedial action and while Bahrain has continued to open new prosecutions against him and others, punishing expression of critical views, demonstrates the government’s pattern of disdain for international human rights bodies.

To conclude, our organisations urge the Bahrain authorities to follow up on the WGAD’s request to conduct a country visit to Bahrain and to respect the WGAD’s opinion, by immediately and unconditionally releasing Mr. Nabeel Rajab, and dropping all charges against him. In addition, we urge the authorities to release all other human rights defenders arbitrarily detained in Bahrain and to guarantee in all circumstances their physical and psychological health.

This statement is endorsed by the following organisations:

1- ACAT Germany – Action by Christians for the Abolition of Torture
2- ACAT Luxembourg
3- Access Now
4- Acción Ecológica (Ecuador)
5- Americans for Human Rights and Democracy in Bahrain – ADHRB
6- Amman Center for Human Rights Studies – ACHRS (Jordania)
7- Amnesty International
8- Anti-Discrimination Center « Memorial » (Russia)
9- Arabic Network for Human Rights Information – ANHRI (Egypt)
10- Arab Penal Reform Organisation (Egypt)
11- Armanshahr / OPEN Asia (Afghanistan)
12- ARTICLE 19
13- Asociación Pro Derechos Humanos – APRODEH (Peru)
14- Association for Defense of Human Rights – ADHR
15- Association for Freedom of Thought and Expression – AFTE (Egypt)
16- Association marocaine des droits humains – AMDH
17- Bahrain Center for Human Rights
18- Bahrain Forum for Human Rights
19- Bahrain Institute for Rights and Democracy – BIRD
20- Bahrain Interfaith
21- Cairo Institute for Human Rights – CIHRS
22- CARAM Asia (Malaysia)
23- Center for Civil Liberties (Ukraine)
24- Center for Constitutional Rights (USA)
25- Center for Prisoners’ Rights (Japan)
26- Centre libanais pour les droits humains – CLDH
27- Centro de Capacitación Social de Panama
28- Centro de Derechos y Desarrollo – CEDAL (Peru)
29- Centro de Estudios Legales y Sociales – CELS (Argentina)
30- Centro de Políticas Públicas y Derechos Humanos – Perú EQUIDAD
31- Centro Nicaragüense de Derechos Humanos – CENIDH (Nicaragua)
32- Centro para la Acción Legal en Derechos Humanos – CALDH (Guatemala)
33- Citizen Watch (Russia)
34- CIVICUS : World Alliance for Citizen Participation
35- Civil Society Institute – CSI (Armenia)
36- Colectivo de Abogados « José Alvear Restrepo » (Colombia)
37- Collectif des familles de disparu(e)s en Algérie – CFDA
38- Comisión de Derechos Humanos de El Salvador – CDHES
39- Comisión Ecuménica de Derechos Humanos – CEDHU (Ecuador)
40- Comisión Nacional de los Derechos Humanos (Costa Rica)
41- Comité de Acción Jurídica – CAJ (Argentina)
42- Comité Permanente por la Defensa de los Derechos Humanos – CPDH (Colombia)
43- Committee for the Respect of Liberties and Human Rights in Tunisia – CRLDHT
44- Commonwealth Human Rights Initiative – CHRI (India)
45- Corporación de Defensa y Promoción de los Derechos del Pueblo – CODEPU (Chile)
46- Dutch League for Human Rights – LvRM
47- European Center for Democracy and Human Rights – ECDHR (Bahrain)
48- FEMED – Fédération euro-méditerranéenne contre les disparitions forcées
49- FIDH, in the framework of the Observatory for the Protection of Human Rights Defenders
50- Finnish League for Human Rights
51- Foundation for Human Rights Initiative – FHRI (Uganda)
52- Front Line Defenders
53- Fundación Regional de Asesoría en Derechos Humanos – INREDH (Ecuador)
54- Groupe LOTUS (DRC)

55- Gulf Center for Human Rights
56- Human Rights Association – IHD (Turkey)
57- Human Rights Association for the Assistance of Prisoners (Egypt)
58- Human Rights Center – HRIDC (Georgia)
59- Human Rights Center « Memorial » (Russia)
60- Human Rights Center « Viasna » (Belarus)
61- Human Rights Commission of Pakistan
62- Human Rights Foundation of Turkey
63- Human Rights in China
64- Human Rights Mouvement « Bir Duino Kyrgyzstan »
65- Human Rights Sentinel (Ireland)
66- Human Rights Watch
67- I’lam – Arab Center for Media Freedom, Development and Research
68- IFEX
69- IFoX Turkey – Initiative for Freedom of Expression
70- Index on Censorship
71- International Human Rights Organisation « Club des coeurs ardents » (Uzbekistan)
72- International Legal Initiative – ILI (Kazakhstan)
73- Internet Law Reform Dialogue – iLaw (Thaïland)
74- Institut Alternatives et Initiatives Citoyennes pour la Gouvernance Démocratique – I-AICGD (RDC)
75- Instituto Latinoamericano para una Sociedad y Derecho Alternativos – ILSA (Colombia)
76- Internationale Liga für Menschenrechte (Allemagne)
77- International Service for Human Rights – ISHR
78- Iraqi Al-Amal Association
79- Jousor Yemen Foundation for Development and Humanitarian Response

80- Justice for Iran
81- Justiça Global (Brasil)
82- Kazakhstan International Bureau for Human Rights and the Rule of Law
83- Latvian Human Rights Committee
84- Lawyers’ Rights Watch Canada
85- League for the Defense of Human Rights in Iran
86- League for the Defense of Human Rights – LADO Romania
87- Legal Clinic « Adilet » (Kyrgyzstan)
88- Liga lidských práv (Czech Republic)
89- Ligue burundaise des droits de l’Homme – ITEKA (Burundi)
90- Ligue des droits de l’Homme (Belgique)
91- Ligue ivoirienne des droits de l’Homme
92- Ligue sénégalaise des droits humains – LSDH
93- Ligue tchadienne des droits de l’Homme – LTDH
94- Ligue tunisienne des droits de l’Homme – LTDH
95- MADA – Palestinian Center for Development and Media Freedom
96- Maharat Foundation (Lebanon)
97- Maison des droits de l’Homme du Cameroun – MDHC
98- Maldivian Democracy Network
99- MARCH Lebanon
100- Media Association for Peace – MAP (Lebanon)
101- MENA Monitoring Group
102- Metro Center for Defending Journalists’ Rights (Iraqi Kurdistan)
103- Monitoring Committee on Attacks on Lawyers – International Association of People’s Lawyers
104- Movimento Nacional de Direitos Humanos – MNDH (Brasil)
105- Mwatana Organisation for Human Rights (Yemen)
106- Norwegian PEN
107- Odhikar (Bangladesh)
108- Pakistan Press Foundation
109- PEN America
110- PEN Canada
111- PEN International
112- Promo-LEX (Moldova)
113- Public Foundation – Human Rights Center « Kylym Shamy » (Kyrgyzstan)
114- RAFTO Foundation for Human Rights
115- Réseau Doustourna (Tunisia)
116- SALAM for Democracy and Human Rights
117- Scholars at Risk
118- Sisters’ Arab Forum for Human Rights – SAF (Yemen)
119- Suara Rakyat Malaysia – SUARAM
120- Taïwan Association for Human Rights – TAHR
121- Tunisian Forum for Economic and Social Rights – FTDES
122- Vietnam Committee for Human Rights
123- Vigilance for Democracy and the Civic State
124- World Association of Newspapers and News Publishers – WAN-IFRA
125- World Organisation Against Torture – OMCT,  in the framework of the Observatory for the Protection of Human Rights Defenders
126- Yemen Organisation for Defending Rights and Democratic Freedoms
127- Zambia Council for Social Development – ZCSD[/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:1535551119543-359a0849-e6f7-3″ taxonomies=”716″][/vc_column][/vc_row]