20 Dec 16 | Bahrain, Bahrain Letters, Campaigns -- Featured, Statements
[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,
- Americans for Democracy & Human Rights in Bahrain
- Albanian Media Institute
- Amnesty International
- Article 19
- Association of Caribbean Media Workers
- Bahrain Center for Human Rights
- Bahrain Human Rights Society
- Bahrain Institute for Rights and Democracy
- Bahrain Press Association
- Brazilian Association for Investigative Journalism
- Cambodian Center for Human Rights
- Canadian Journalists for Free Expression
- Center for Media Studies & Peace Building
- CIVICUS: World Alliance for Citizen Participation
- Digital Rights Foundation
- Electronic Frontier Foundation
- English PEN
- European-Bahraini Organisation for Human Rights
- European Center for Democracy and Human Rights
- Foro de Periodismo Argentino
- Foundation for Press Freedom – FLIP
- Free Media Movement
- Freedom Forum
- Freedom House
- Free Media Movement
- Globe International Center
- Gulf Centre for Human Rights
- Independent Journalism Center – Moldova
- Index on Censorship
- International Federation for Human Rights (FIDH), within the framework of the Observatory for the Protection of Human Rights Defenders
- International Press Institute
- International Service for Human Rights
- Journaliste en danger
- Maharat Foundation
- MARCH
- Media, Entertainment and Arts Alliance
- Media Institute of Southern Africa
- Media Watch
- National Union of Somali Journalists
- No Peace Without Justice
- Norwegian PEN
- OpenMedia
- Pacific Freedom Forum
- Pacific Island News Association
- Palestinian Center for Development and Media Freedoms – MADA
- PEN American Center
- PEN Canada
- PEN International
- Reporters Without Borders (RSF)
- South East European Network for Professionalization of Media
- Vigilance pour la Démocratie et l’État Civique
- World Association of Newspapers and News Publishers
- 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]
28 Nov 16 | Bahrain, Bahrain Letters, Campaigns, Campaigns -- Featured
On 29 November Faisal Hayyat was sentenced to 3 months in prison
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
15 Aug 16 | Americas, Campaigns, Campaigns -- Featured, Statements
We the undersigned organisations defending freedom of the press and access to information are deeply concerned by the cybercrime law adopted today in Saint Vincent and the Grenadines. Several provisions of this bill pose a serious threat to freedom of the press, the free flow of online information, and public debate.
Defamation in print, written and broadcast media is punishable by up to two years’ imprisonment under Saint Vincent’s penal code, pre-dating the adoption of the Cybercrime Law, but the new legislation extends criminal defamation to online content.
In addition to broadening criminal defamation to include online expression, the law also introduces worryingly vague and subjective definitions of cyber-harassment and cyber-bullying, both of which are punishable by imprisonment.
The negative value and chilling effect that criminal defamation places on freedom of expression and of the press have been well noted at the local, regional and international level, and states have been repeatedly called on to abolish criminal defamation laws. The issue of criminal defamation has particular importance in the Caribbean, where a similar law was adopted in Grenada in 2013 and subsequently amended after international outcry. Trinidad and Tobago and Guyana are currently considering similar legislation now under critical review by national, regional, and international stakeholders.
The steps taken today in Saint Vincent and the Grenadines to strengthen criminal defamation laws and stifle online dissent and discussion could reverse the positive legislative trend in the Caribbean and serve as a negative example for Saint Vincent’s regional neighbors. It is therefore our view that the law as adopted today must be revised and criminal defamation must be abolished, and we urge the government of Saint Vincent and the Grenadines to do so as soon as possible.
Signed,
Association of Caribbean Media Workers
Committee to Protect Journalists
International Press Institute
Reporters Without Borders
Canadian Journalists for Free Expression
Center for Independent Journalism – Romania
Center for Media Freedom and Responsibility
Electronic Frontier Foundation
Freedom Forum
Fundamedios – Andean Foundation for Media Observation and Study
Human Rights Network for Journalists – Uganda
Independent Journalism Center – Moldova
Index on Censorship
Institute for the Studies on Free Flow of Information
Media, Entertainment and Arts Alliance
Media Rights Agenda
Media Watch
Pacific Freedom Forum
Pacific Islands News Association
Pakistan Press Foundation
Palestinian Center for Development and Media Freedoms – MADA
PEN American Center
PEN Canada
PEN International
Vigilance pour la Démocratie et l’État Civique
10 Aug 16 | Bangladesh, Campaigns, Campaigns -- Featured, Statements
Shafik Rehman (Photo: Reprieve)
Anisul Huq
Minister for Law, Justice and Parliamentary Affairs
Government of Bangladesh
Bangladesh Secretariat, Building No. 4 (7th Floor) Dhaka-100
4 August 2016
Dear Mr Huq,
We are writing to you as international press freedom, freedom of expression and media advocacy groups about the ongoing detention of Shafik Rehman, an elderly journalist in custody in Dhaka, to set out several serious concerns about his treatment.
We were pleased to note that on Sunday 17 July 2016 the Supreme Court granted Mr Rehman’s request for leave to appeal his detention.
Detention without charge
Mr Rehman was arrested on 16 April 2016 and denied bail by the High Court on 7 June 2016. After more than three months in detention, he has still not been charged with any crime.
He is being investigated by the Bangladesh Detective Branch, who entered his house without a warrant, inexplicably posing as a camera crew, on the day of his arrest.
The detectives missed a deadline on 16 June 2016 to submit a report to Metropolitan Magistrate SM Masud Zaman in Dhaka outlining the alleged case against Mr Rehman. The court extended the deadline until 26 July 2016, despite the fact that the First Information Report in this case was initially filed in August 2015 and the investigation period in the case has expired. On 26 July 2016, the police once again missed the deadline to submit their investigation report and a further deadline has now been set for 30 August 2016 – more than 100 days after his arrest.
Under international law, the Bangladesh authorities have a duty to promptly inform Mr Rehman of the nature of the case against him and either charge or release him. The delays in this case suggest that there is no evidence against Mr Rehman, and that he should be released.
Journalistic career
Mr Rehman is a professional journalist who has spent a lifetime working for freedom of expression. We are concerned that his arrest represents an attack on press freedoms and forms part of a worrying trend in Bangladesh. At the time of his arrest, Mr Rehman was editor of the popular monthly magazine Mouchake Dhil, with experience as a TV host and producer. Previously, he has worked for the BBC and edited Jai Jai Din, a mass- circulation Bengali daily.
The arrest of journalists like Mr Rehman raises concerns about the state of press freedoms in Bangladesh, where several prominent editors have been arrested in recent years.
Denied bail
Mr Rehman is an elderly man in poor health. He spent the first weeks of detention in solitary confinement, without a bed. His health deteriorated and he was rushed to hospital.
His family are seriously concerned about his health failing in prison, and he has missed important medical appointments while on remand.
There are therefore strong compassionate grounds for releasing Mr Rehman on bail, while any evidence (if there is any at all) can be gathered without jeopardising his health.
We hope that Mr Rehman’s appeal will be an opportunity for the Court to take stock of the serious concerns about the case against Mr Rehman and about his health and well-being while he remains in custody.
We appreciate you hearing our concerns and are grateful for swift action to guarantee Mr Rehman’s prompt release.
Yours sincerely,
Reprieve | Index on Censorship | International Federation of Journalists | Reporters Without Borders | Adil Soz – International Foundation for Protection of Freedom of Speech | Afghanistan Journalists Center | Americans for Democracy and Human Rights in Bahrain | Bahrain Center for Human Rights | Canadian Journalists for Free Expression | Center for Media Freedom and Responsibility | Foro de Periodismo Argentino | Free Media Movement | Independent Journalism Center – Moldova | Institute for the Studies on Free Flow of Information | International Press Institute | Media, Entertainment and Arts Alliance | Media Foundation for West Africa | National Union of Somali Journalists | Norwegian PEN | Pacific Freedom Forum | Pacific Islands News Association | Pakistan Press Foundation | Palestinian Center for Development and Media Freedoms – MADA | PEN American Center | Public Association “Journalists” | Vigilance pour la Démocratie et l’État Civique
Via post to:
High Commission for the People’s Republic of Bangladesh
28 Queen’s Gate
London
SW7 5JA
