Bahrain must end judicial harassment of Faisal Hayyat

On 29 November Faisal Hayyat was sentenced to 3 months in prison

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

Cybercrime law adopted in Saint Vincent and Grenadines is fundamentally flawed

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

Press freedom groups call on Bangladesh to release British journalist

Shafik Rehman (Photo: Reprieve)

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

Bahrain: Rights of Nazeeha Saeed and all journalists to report must be respected

Nazeeha Saeed has been arbitrarily curtailed by Bahrain’s Information Affairs Authority.

Nazeeha Saeed has been arbitrarily curtailed by Bahrain’s Information Affairs Authority.

We, the undersigned, express our deep concern with the Bahraini Public Prosecution’s decision to charge Nazeeha Saeed, correspondent for Radio Monte Carlo Doualiya and France24, with unlawfully working for international media. We consider this an undue reprisal against her as a journalist and call on Bahrain’s authorities to respect fully the right of journalists to practice their profession freely.

Nazeeha Saeed is an award-winning journalist and correspondent for Radio Monte Carlo Doualiya and France24. She has previously reported on the protest movement in 2011, and has reported on the mounting dissent against the Bahraini government for the last several years.

On Sunday 17 July 2016, the Public Prosecution summoned Nazeeha Saeed for interrogation based on a legal complaint from the Information Affairs Authority (IAA). The prosecution charged her under article 88 of Law 47/2002, which regulates the press, printing and publication. Article 88 states that no Bahraini can work for foreign media outlets without first obtaining a license from the Information Affairs Authority (IAA), which must be renewed annually.

Prior to the expiration of her license, Nazeeha Saeed applied for a new one at the end of March 2016, at which point, the IAA refused a renewal. This is the first time she has received such a rejection. Following this, Saeed continued to work as a correspondent for France24 and Radio Monte Carlo Doualiya. She now faces trial in the civil courts and a fine of up to 1000 Bahraini Dinars (USD $2650) if found guilty.

This is not the first time Nazeeha Saeed has been subjected to harassment by the Bahraini authorities. In May 2011, during a state of emergency imposed in response to Arab Spring protests, police summoned Saeed to the station and detained her there. For her coverage of events in Bahrain – Nazeeha Saeed witnessed police killing a man at a protest and rejected the government narrative of events – police allegedly subjected her to hours of torture, ill-treatment and humiliation, which only ended when she signed a document placed before her. She was not allowed to read it. Despite complaining to the Ministry of Interior and the new Special Investigations Unit, the body under the Public Prosecution charged with investigating claims of torture and abuse, in November 2015 the authorities decided against prosecuting the responsible officers on the basis of there being insufficient evidence.

In June 2016, Bahrain’s authorities placed Nazeeha Saeed on a travel ban, preventing her from leaving the country. The ban was applied without informing Saeed, who only discovered it after she was refused boarding on her flight. The police officer at the airport was unable to explain the reason for this travel ban, and officials from the immigration department, the public prosecution and the Criminal Investigation Department (CID), told the journalist that they were not even aware of its existence. Saeed is one of approximately twenty individuals known to have been banned from travel in Bahrain since the beginning of June 2016. Other journalists working for international media face similar threats and have also reported facing increased pressure from the government in the last year, making their work difficult. RSF and the Committee to Protect Journalists both list Bahrain as one of the leading jailers of journalists in the world. One of them, Sayed Ahmed Al-Mousawi, was stripped of his citizenship by a court in November 2015.

As organisations concerned with the right to freedom of expression, we call on the Government of Bahrain to end the reprisals against Nazeeha Saeed, lift her travel ban and drop the charges against her. We also call on the authorities to stop arbitrarily withholding license renewals and to allow journalists to report with full freedom of expression as protected under Article 19 of the Universal Declaration of Human Rights and Article 19 of the International Covenant on Civil and Political Rights.

Signed,

Adil Soz, International Foundation for Protection of Freedom of Speech
ACAT
Albanian Media Institute
Americans for Democracy and Human Rights in Bahrain
ARTICLE 19
Bahrain Center for Human Rights
Bahrain Institute for Rights and Democracy
Bahrain Press Association
Bytes for All
Canadian Journalists for Free Expression
Cartoonists Rights Network International
Center for Media Freedom and Responsibility
Committee to Protect Journalists
Egyptian Organization for Human Rights
English PEN
European Centre for Democracy and Human Rights
Foro de Periodismo Argentino
Freedom Forum
Freedom House
Free Media Movement
Front Line Defenders
Gulf Centre for Human Rights
Hisham Al Miraat, Founder, Moroccan Digital Rights Association
Human Rights Network for Journalists – Uganda
Independent Journalism Center – Moldova
Index on Censorship
Institute for the Studies on Free Flow of Information
Instituto de Prensa y Libertad de Expresión – IPLEX
International Press Institute
Justice Human Rights Organization
Maharat Foundation
Media, Entertainment and Arts Alliance
Media Watch
Norwegian PEN
Pacific Islands News Association
Pakistan Press Foundation
Palestinian Center for Development and Media Freedoms – MADA
PEN American Center
PEN Canada
PEN International
Reporters Without Borders
Social Media Exchange – SMEX
Vigilance pour la Démocratie et l’État Civique