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.
A 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.
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.
HM Shaikh Hamad bin Isa Al Khalifa
Office of HM the King
P.O. Box 555, Rifa’a Palace
Kingdom of Bahrain
Cc. The Rt Hon Boris Johnson MP
Secretary of State for Foreign and Commonwealth Affairs
Foreign & Commonwealth Office
King Charles Street, London SW1A2AH
Cc. The Honorable John F. Kerry
Secretary of State
United States Department of State
2201 C Street NW, Washington, DC 20520
Cc. Federica Mogherini
High Representative of the European Union for Foreign Affairs and Security Policy
Cc. Zeid Ra’ad Al Hussein
United Nations High Commissioner for Human Rights
2 September 2016
Urgent Appeal for the Release of Human Rights Defender Nabeel Rajab
Your Excellency,
In light of recent alarming events in Bahrain, the undersigned NGOs express our deepest concerns about the ongoing detention of prominent human rights defender Nabeel Rajab based on his peaceful exercise of the right to freedom of expression. We urge the government of Bahrain to immediately and unconditionally release Rajab.
On 13 June 2016, the authorities arrested Rajab, who serves as President of the Bahrain Center for Human Rights (BCHR), Founding Director of the regional Gulf Center for Human Rights (GCHR), Deputy Secretary-General of FIDH, and a member of the Advisory Committee of Human Rights Watch’s Middle East Division. Rajab’s arrest is one in a series of repressive actions to severely restrict the work of human rights defenders and civil society members in the Kingdom of Bahrain.
In the wake of an unprecedented crackdown, we believe the detention of Rajab to be an act of reprisal for his work to promote fundamental human rights in Bahrain, as well as a means to restrict Rajab’s freedom of expression and speech. He is charged for tweets and re-tweets about allegations of torture in Bahrain’s Jau Prison, which were investigated by many local and international NGOs, and about the widely reported and criticised human rights violations during the war in Yemen. In total, Rajab could serve up to 15 years in prison for his statements via Twitter.
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 relating to Jau prison in Bahrain.
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.
Due to the poor detention conditions, Rajab’s health has been severely deteriorating since the time of his arrest. He continues to be held at West Riffa police station and family visits are being monitored very closely, according to his lawyers. His cell does not meet the requirements for long-term detention and the sanitary facilities are unhygienic. He has lost eight kilos since his arrest. Rajab has chronic inflammation in his lower back requiring urgent surgery, which has been delayed by the authorities until early September. In addition, he is also suffering from an irregular heartbeat, which has decreased below the normal range during his detention, and has also suffered from chest pains recently, having required a visit to the clinic. Despite the fact that he requires urgent medical treatment, prison authorities do not appear to provide sufficient medical assistance for most of these ailments. In the meantime, Rajab is dependent on his family to provide him with painkillers and bandages for his bleeding due to his ulcer.
Following his arrest, Rajab’s case has received widespread international attention by government officials and UN dignitaries, inter alia, by the spokesperson of the US State Department, the spokesperson of UN Secretary-General Ban Ki-Moon, as well as by members of the European Parliament, who adopted an urgent resolution condemning the Bahraini authorities’ crackdown on civil society and on the political opposition.
As a signatory to international human rights conventions, the Government of Bahrain is bound to guarantee the right to freedom of expression for all in Bahrain, including Nabeel Rajab. Depriving Rajab of his liberty for peaceful social media posts goes against Bahrain’s commitment to uphold these international conventions and raises the question of its ability to respect its legal obligations within the wider international community.
To date, the government in Bahrain has repeatedly demonstrated unwillingness to comply with international legal standards, despite promises made at the United Nations during its Universal Periodic Review, and during its own national inquiry, the Bahrain Independent Commission of Inquiry (BICI).
We therefore urge you to abide by the principles of democracy and human rights and to safeguard freedom of expression in Bahrain, as enshrined in international human rights legislation, by dropping all charges against the human rights defender, Nabeel Rajab and ensure his immediate and unconditional release.
Sincerely,
Americans for Democracy and Human Rights in Bahrain (ADHRB)
Bahrain Center for Human Rights (BCHR)
Bahrain Institute for Rights and Democracy (BIRD)
Bahrain Press Association (BPA)
Brian Dooley, Human Rights First
Canadian Journalists for Free Expression
CIVICUS
Committee for the Respect of Liberties in Tunisia
English PEN
European-Bahraini Organisation for human rights (EBOHR)
European Center for Democracy and Human Rights (ECDHR)
FIDH, within the framework of the Observatory for the Protection of Human Rights Defenders
Gulf Centre for Human Rights (GCHR)
Human Rights Sentinel
IFEX
Index on Censorship
International Press Institute (IPI)
Jesper Højberg, Executive Director, International Media Support
Khiam Rehabilitation Center for Victims of Torture
Lawyers Rights Watch Canada
Libya Al-Mostakbal Centre for Media & Culture
MADA Palestinian Center for Development & Media Freedoms
Maharat Foundation
Moroccan Association for Human Rights (AMDH)
No Peace Without Justice
Pakistan Press Foundation
Project on Middle East Democracy (POMED)
Reporters Without Borders (RSF)
Salam for Democracy and Human Rights
Tunis Centre for Press Freedom
Tunisian League for Human Rights (LTDH)
Tunisian Forum for Economic and Social Rights
Vigilance for Democracy and the Civic State
World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders
Today Bahraini human rights defender Nabeel Rajab spent his 52nd birthday in prison. The Index on Censorship award winner is due in court on 5 September on charges of spreading “false or malicious” news about the country’s government via Twitter, “offending” Saudi Arabia and condemning Bahrain’s notorious Jau prison.
He faces 15 years in prison.
To mark Rajab’s birthday and call for his immediate release, a group of human rights organisations – including Index on Censorship, English Pen, the Bahrain Institute for Rights and Democracy, Amnesty International and Redress – held a protest outside the Bahraini Embassy on the Gloucester Road in London.
Rajab became involved in the uprisings in Bahrain of the 1990s to demand democratic reforms. He went on to co-found the Bahrain Human Rights Society and the Bahrain Centre for Human Rights. He has faced a volley attacks from the authorities as a result of his activism. He has been subjected to ongoing judicial harassment, travel bans, intimidation, physical assaults, imprisonment and solitary confinement.
