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Fifteen rights groups have written to 11 states and the European Union on 21 November 2017 calling for action ahead of the conclusion of Bahraini human rights defender Nabeel Rajab’s appeal against his two-year sentence for stating that Bahrain bars reporters and human rights workers from entry into the country.
In the letters, which are addressed to the United Kingdom, the United States and the European Union, as well as Germany, Ireland, France, Sweden, Italy, Denmark, Switzerland, Norway and Canada, the rights groups ask the states “to urgently raise, both publicly and privately, the case of Nabeel Rajab, one of the Gulf’s most prominent human rights defenders.” The letter further urges governments to support Rajab “by condemning his sentencing and calling for his immediate and unconditional release, and for all outstanding charges against him to be dropped.”
On 22 November 2017 Mr Rajab is expecting the conclusion of his appeal against a two-year prison sentence. Rajab was sentenced on 10 July 2017 on charges of “publishing and broadcasting fake news that undermines the prestige of the state” under article 134 of Bahrain’s Penal Code, in relation to his statement to journalists that the Bahraini government bars reporters and human rights workers from entering the country. In a previous appeal court hearing earlier this month, the judge refused to allow the defence’s evidence, including testimonies of journalists and researchers who had been banned from entering Bahrain.
The human rights defender, who is President of the Bahrain Center for Human Rights (BCHR), has been detained since his arrest on 13 June 2016. He was held largely in solitary confinement in the first nine months of his detention, violating the UN Standard Minimum Rules for Non-Custodial Measures (Tokyo Rules).
Rajab faces up to a further 15 years in prison on a second set of charges related to comments he made on Twitter criticising the Saudi-led war in Yemen and exposing torture in Bahrain. His 18th court hearing will be held on 31 December 2017. In September, the Public Prosecution brought new charges against related to social media posts made while he was already in detention; he has also been charged with “spreading false news” in relation to his letter from a Bahraini jail published in the New York Times.
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Rajab was transferred to Jau Prison on 25 October 2017. He was subjected to humiliating treatment on arrival, when guards immediately searched him in a degrading manner and shaved his hair by force. Prison authorities have singled him out by confiscating his books, toiletries and clothes, and raiding his cell at night. Rajab is isolated from other prisoners convicted for speech-related crimes and is instead detained in a three-by-three metre cell with five inmates.
Campaigners today protested outside the Bahrain embassy in London to call on the Bahraini regime to release Nabeel Rajab and end reprisal attacks against the family of Sayed Ahmed Alwadaei, a prominent UK-based human rights campaigner living in exile from Bahrain, who is Director of Advocacy at the London-based Bahrain Institute for Rights and Democracy.
Sayed Ahmed Alwadaei, Director of Advocacy, Bahrain Institute for Rights and Democracy: “Nabeel Rajab has been imprisoned for exposing injustice in Bahrain. Three of my own family members have been imprisoned and tortured for my human rights campaigning. The Bahraini government pursues a pattern of revenge tactics against human rights defenders, but we will not rest until they are freed. If the UK government cares for the rights of Bahraini people, then it must tell its repressive ally that this violent campaign to silence us is unacceptable.”
The 15 rights groups are:
Americans for Democracy & Human Rights in Bahrain
Bahrain Center for Human Rights
Bahrain Institute for Rights and Democracy
English PEN
European Centre for Democracy and Human Rights
FIDH within the framework of the Observatory for the Protection of Human Rights Defenders
Front Line Defenders
Global Legal Action Network
Gulf Centre for Human Rights
IFEX
Index on Censorship
International Service for Human Rights
PEN International
Reporters Without Borders
World Organisation Against Torture within the framework of the Observatory for the Protection of Human Rights Defenders
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[vc_row][vc_column][vc_column_text]Index on Censorship joins with a coalition of organisations to write to governments about the ongoing judicial harassment of 2012 Freedom of Expression Award-winner Nabeel Rajab.
We write to ask you to urgently raise, both publicly and privately, the case of Nabeel Rajab, one of the Gulf’s most prominent human rights defenders, who on 22 November 2017 is expecting the conclusion of his appeal against a two-year prison sentence for stating that Bahrain bars reporters and human rights workers from entry into the country. We urge your government to support Mr Rajab by condemning his sentencing and calling for his immediate and unconditional release, and for all outstanding charges against him to be dropped.
The Bahraini government is clearly setting out to prosecute and punish Mr Rajab for his human rights work, doing so in violation of both the principles of a fair trial and the right to freedom of expression. The targeting of Mr Rajab for his work and comments reflects the dangerous situation for human rights defenders in Bahrain. Silence over reprisals against individuals exercising their right to free expression emboldens the Government of Bahrain to pursue further reprisals. Mr Rajab is one of many Bahraini human rights defenders who have suffered reprisals in 2017. Human rights defender Ebtisam al-Sayegh was tortured and sexually assaulted by the National Security Agency in May and arrested for her work in July; since released from jail, she faces anti-terrorism charges. Three family members of UK-based campaigner Sayed Ahmed Alwadaei were arrested, tortured and sentenced to three years in prison in October.
Mr Rajab, who is 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, has been detained since his arrest on 13 June 2016. He was held largely in solitary confinement in the first nine months of his detention, violating the UN Standard Minimum Rules for Non-Custodial Measures (Tokyo Rules) which state: “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 human rights defender was transferred to Jau Prison on 25 October 2017, having been hospitalised since April after a serious deterioration of his health resulting from the authorities’ denial of adequate medical care and unhygienic conditions of detention.
Mr Rajab was subjected to humiliating treatment on arrival at Jau Prison, when guards immediately searched him in a degrading manner and shaved his hair by force. Prison authorities have singled him out by confiscating his books, toiletries and clothes, and raiding his cell at night. Mr Rajab is isolated from other prisoners convicted for speech-related crimes and is instead detained in a three-by-three meter cell with five inmates, among them convicted Daesh affiliates. Prison officers have threatened him with punishment if he speaks with other inmates, and he is not allowed out of his cell for more than one hour a day. One of Mr Rajab’s outstanding charges is that he spoke out about the degrading treatment in Jau Prison. The evidence he and BCHR gathered proving torture in the prison was exposed in a joint-NGO report, Inside Jau, in 2015. Human Rights Watch also reported on the same incidents of torture.
Mr Rajab’s two-year sentencing on 10 July 2017 was on charges of “publishing and broadcasting false news that undermines the prestige of the state” under article 134 of Bahrain’s Penal Code, in relation to his statement to journalists that the Bahraini government bars reporters and human rights workers from entering the country. The Lower Criminal Court held nine hearings during Mr Rajab’s hospitalisation which he was unable to attend. His appeal began in September; on 8 November, Mr Rajab’s lawyers disputed the charge by submitting video evidence of journalists and researchers being denied entry into Bahrain, however the court, led by Judge Bader al-Abdulla, refused to allow the evidence in court.
Mr Rajab had a separate hearing on 19 November 2017 in a concurrent case relating to his tweets about torture in Bahrain’s notorious Jau Prison and the Saudi-led coalition’s war in Yemen, for which he faces up to 15 additional years in prison. The court heard a prosecution witness, who had already appeared in a previous hearing last year, and who was not able to provide any evidence against Mr Rajab. The trial was adjourned to 31 December 2017, when the security officer who confiscated Mr Rajab’s electronic devices for another case will be brought as a prosecution witness. We, the undersigned organisations, consider that the long-running trial – the next court hearing will be the eighteenth since the trial began – is a reprisal against Mr Rajab’s expression. Mr Rajab also has been charged with “spreading false news” in relation to a letter he wrote to the New York Times in September 2016. A new set of charges were brought against Mr Rajab in September 2017 in relation to social media posts made in January 2017, when he was already in detention and without internet access.
In June 2017, United Nations human rights experts condemned the “sharp deterioration of the human rights situation” in Bahrain. This deterioration has included executions, unlawful killing of protesters and new reprisals against human rights defenders. In September 2017, the UN condemned the increasing number of Bahraini human rights defenders facing reprisals, naming nine affected individuals, Mr Rajab among them. The UN Committee Against Torture has called for Mr Rajab’s release.
We therefore urge your government to call on Bahrain to: immediately release Mr Rajab ahead of the final verdict on 22 November 2017 regarding his appeal against a two-year prison sentence; drop all charges against him; and undertake prompt, impartial, independent and effective investigations into the allegations of ill-treatment. The findings of the investigation must be made public and anyone suspected of criminal responsibility must be brought to justice in fair proceedings. As this case is a part of a pattern of abuse and harassment against human rights defenders in Bahrain, we urge you to call on Bahrain to cease all harassment of human rights defenders and to ensure the full respect of the right to freedom of expression.
Yours sincerely,
Americans for Democracy & Human Rights in Bahrain
Bahrain Center for Human Rights
Bahrain Institute for Rights and Democracy
English PEN
European Centre for Democracy and Human Rights
FIDH within the framework of the Observatory for the Protection of Human Rights Defenders
Front Line Defenders
Global Legal Action Network
Gulf Centre for Human Rights
IFEX
Index on Censorship
International Service for Human Rights
PEN International
Reporters Without Borders
World Organisation Against Torture within the framework of the Observatory for the Protection of Human Rights Defenders
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The trial of Bahrain’s most prominent human rights defender Nabeel Rajab was adjourned to 31 December for a technical report on his tweets.
Rajab faces up to 15 years in prison on charges related to his tweets exposing torture in a Bahraini prison and criticising the humanitarian cost of the war in Yemen. In September 2017, a new set of charges were brought against Rajab related to social media posts made in January 2017, when he was already in detention and without internet access. Rajab also faces a fourth set of charges related to a letter he penned to the New York Times in September 2016. In July 2017 he was sentenced to two years in prison for “spreading false news”, the appeal of which is expected to conclude on 22 November 2017.
The hearing was today adjourned to 31 December in order to hear from the expert who wrote the technical report. It is not expected to be the last hearing. The court brought back a forensic expert, who was asked about the IP address of Rajab’s Twitter account. The technical expert admitted to the court that he is unable to identify the IP Address, unless Twitter provides it.
The public prosecutor requested to call on the officer who confiscated Nabeel’s electronics devices for another case but will be examined for this case. This request was granted.
The forensic expert’s testimony did not last long. The court had another witness from the criminal investigation directorate (CID) who was not brought forward, though the reason for this was unclear. Rajab was bearded and in high spirits.
Sayed Ahmed Alwadaei, director of advocacy at the Bahrain Institute for Rights and Democracy, said: “Bahrain’s horrific rights record has hit a new level after being blacklisted by the UN for being part of the Saudi-led coalition in Yemen. Persecuting Nabeel for advocating peace is heinous crime added to the catalogue of abuses by Bahrain’s rulers, The continued; unethical support of the UK and the US to Bahrain fosters the culture of impunity.”
Rajab, the founder of President of the Bahrain Centre for Human Rights, was arrested on 13 June 2016 and has been detained ever since. He was held largely in solitary confinement in the first nine months of his detention, violating the UN Standard Minimum Rules for Non-Custodial Measures (Tokyo Rules) which state: “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.”
In early April 2017, Rajab was admitted to the Bahrain Defence Force hospital for a necessary surgery. He was transferred back to police custody just a day later, before having recovered from his operation, and his health deteriorated significantly; from there he was transferred to the Ministry of Interior Clinic (Al-Qalaa), where he remains to date. Between April and August 2017, Rajab was unable to attend court, which held numerous hearings in his absence, including his sentencing. Rajab was transferred back to Jau Prison in October.
The UN Committee Against Torture has called for Rajab’s release.
In response to a parliamentary question, the UK Foreign Office Minister Lord Ahmad of Wimbledon, said: “We continue to closely monitor the case of Nabeel Rajab and have frequently raised it with the Bahraini Government at the highest levels. The UK Government continues to emphasise the need to respect the rights of all citizens, including freedom of expression.”
In the US, the Trump Administration this year removed Obama-era human rights conditions on arms sales, one of which was the unconditional release of Rajab. In September, the Trump Administration approved the sale of F-16 jets worth $3.8 billion.
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Nabeel Rajab’s appeal against a two-year sentence for “spreading false news” is to conclude on 22 November, after a Bahraini appeals court today ignored the defence’s final arguments and denied Rajab bail. Rajab, an Index on Censorship Freedom of Expression Award winner is one of Bahrain’s highest profile human rights campaigners and president of the Bahrain Centre for Human Rights, was sentenced in July 2017.
Rajab faces another trial on 19 November in relation to his social media posts on twitter, for which he faces up to 15 years in prison, for a total of 17 years.
Rajab’s lawyers submitted video evidence of journalists and researchers denied entry into Bahrain which would dispute the charge that he “spread false news” by, among other things, stating the Bahraini government bars reporters and human rights workers from entering the country. However, the court, led by Judge Bader Al-Abdulla, today refused to play the evidence in court. Judge Al-Abdulla set 22 November as the final court hearing, when its judgement is expected.
Nabeel Rajab was sentenced in absentia to two years in prison on charges of “spreading false news” under article 134 of Bahrain’s Penal Code. His appeal began in September.
He is currently serving his sentence in Jau Prison, where he was transferred to on 25 October, after over six months in the Ministry of Interior Hospital. Rajab has been held in humiliating conditions and isolated from other inmates.
On 8 Nov, Rajab was transferred to the Appeals Court in a vehicle which prison officers told him was used to transfer people sentenced to death, as opposed to the regular transfer bus. Rajab was photographed throughout the transfer and was kept in a suffocating heat in the vehicle, in which he struggled breathe. There are currently 16 people on death row in Bahrain, the majority of them sentenced to death in 2017. In January, three torture victims were unlawfully executed; the UN condemned the killing.
Rajab’s brother was barred from attending the court. Observers from the British, American and German embassies were present at the trial.
Sayed Ahmed Alwadaei, Director of Advocacy, Bahrain Institute for Rights and Democracy: “Nabeel has been subject to humiliating treatment by Jau Prison’s administration and the appeals court continues to deny him a fair trial. Bahrain continues to deny journalists and NGOs access. This is a fact, which Bahrain has imprisoned Nabeel for stating. The Government of Bahrain’s zero tolerance policy to human rights defenders is appalling, and yet instead of condemnation, Britain whitewashes the abuses while the US approves new arms sales to Bahrain.”
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“Spreading False News”
The charges relate solely to TV interviews Rajab gave in 2014 and 2015. Without irony, prosecution papers from the criminal court proceedings, seen by BIRD, state that Rajab is being prosecuted for stating that the Bahraini government “derogates from freedom of opinion and of expression.” Bahrain’s prosecution has treated Rajab as a criminal for speech acts such as: “accusing the ruling system in the Kingdom of following a policy of repression” and of “arresting those opposed to the regime”; or alleging “the commission by responsible [government] bodies of crimes of killing and torture.” In the prosecution’s account Mr. Rajab has also made statements accusing the Bahraini government of “evasion of responsibility”; engaging in “sectarianism”; and “suppressing opposition and violating international agreements and covenants.”
Rajab was arrested on 13 June 2016 and has been detained ever since. He was held largely in solitary confinement in the first nine months of his detention, violating the UN Standard Minimum Rules for Non-Custodial Measures (Tokyo Rules) which state: “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.”
In early April 2017, Rajab was admitted to the Bahrain Defence Force hospital for a necessary surgery. He was transferred back to police custody just a day later, before having recovered from his operation, and his health deteriorated significantly; from there he was transferred to the Ministry of Interior Clinic (Al-Qalaa), where he remains to date. Between April and August 2017, Rajab was unable to attend court, which held numerous hearings in his absence, including his sentencing. Rajab was transferred back to Jau Prison in October.
Rajab faces a concurrent trial on 19 November in which he faces up to 15 years in prison on charges related to his tweets exposing torture in a Bahraini prison and criticising the humanitarian cost of the war in Yemen. In September 2017, a new set of charges were brought against Rajab related to social media posts made in January 2017, when he was already in detention and without internet access. Rajab also faces a fourth set of charges related to a letter he penned to the New York Times in September 2016.
The UN Committee Against Torture has called for Rajab’s release.
The UK’s Middle East Minister Alistair Burt was in Bahrain in October, where he met with senior officials and expressed support for the government’s reform programme – a programme which only Bahrain and the UK claim exists. He said “The UK will continue to support Bahrain to deliver its ambitious reform initiatives, with a particular focus on rule of law and human rights.” There is no indication that they specifically raised Nabeel Rajab’s case.
In the US, the Trump Administration this year removed Obama-era human Rights conditions on arms sales, one of which was the unconditional release of Rajab. In September, the Trump Administration approved the sale of F-16 jets worth $2.78 billion.
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