Bahrain: Trial of Nabeel Rajab postponed until 15 December

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The trial of prominent Bahraini human rights activist Nabeel Rajab – president of the Bahrain Centre for Human Rights – has been postponed for a fourth consecutive time to enable the country’s high criminal court to hire a cybercrime expert to verify who manages his Twitter account.

A new trial date has been set for 15 December.

“Nabeel Rajab’s continued detention is clearly aimed at silencing him and punishing him for expressing his views. The reopening of his case seems to confirm the political motives behind Rajab’s prosecution. He should be released immediately and all charges must be dropped,” Melody Patry, senior advocacy officer for Index on Censorship, said.

BCHR said in a statement that the latest postponement “throws a light on the lack of evidence of any wrongdoing” by Rajab.

It continued: “Rajab is being prosecuted in relation to tweets and retweets about torture in Jau Prison and the human rights violations in the war on Yemen. The prosecution of Rajab is based on Articles 133, 215, and 216 of Bahrain’s Penal Code over charges of ‘false or malicious news, statements, or rumours,’ ‘offending a foreign country’ (Saudi Arabia), and “offending a statutory body” – for which he may be sentenced to up to 15 years in prison.”

On 13 June 2016, Rajab was taken from his home. He was charged the next day and – on orders of the court – has remained in custody since while awaiting his trial, despite recurring health problems for which he was briefly hospitalised in late June after 15 days in solitary confinement.

His trial was initially due to take place on 2 August but was first delayed until 5 September, and then 6 October, 31 October and now 15 December.

Rajab served two years in jail between 2012 and 2014 for taking part in protests in the country.

Urgent appeal to EU to call for the release of Nabeel Rajab

Bahraini human rights defender Nabeel Rajab (Photo: The Bahrain Institute for Rights and Democracy)

To: Federica Mogherini

High Representative of the European Union for Foreign
Affairs and Security Policy and Vice-President of the
European Commission

European Commission
Rue de la Loi/Wetstraat 200
1049 Brussels

Dear HR/VP Federica Mogherini,

The Government of Bahrain continues to arbitrarily detain Nabeel Rajab, president of the Bahrain Center for Human Rights, founding director of the Gulf Centre for Human Rights and Deputy Secretary General of FIDH, on charges related to his rights to free expression and his work as a human rights defender. We write to ask you to publicly speak out against this clear violation of human rights, and to make clear the European Union’s stance on Rajab’s case and the human rights crackdown in Bahrain.

Rajab’s hearing is scheduled for 31 October when he is expected to be sentenced to up to 15 years in prison. Rajab has already been held in pre-trial detention for 137 days, mainly in solitary confinement. His health has seriously deteriorated as a consequence of poor detention conditions and lack of sustained medical assistance.

Rajab has been detained since 13 June 2016, based on charges related to his comments on Twitter, documenting allegations of torture in Bahrain’s Jau Prison and criticising the escalating humanitarian crisis caused by the Saudi-led coalition airstrikes in Yemen. Rajab faces three charges in relation to these tweets, including “defaming a statutory body,” “offending a foreign country,” and “disseminating false news in a time of war,” for which he faces up to 15 years in prison.

On 4 September, the New York Times published Rajab’s “Letter from a Bahraini jail”, addressed to the US authorities. In it, he criticised his country for being one “that punishes its people for thinking, that prevents its citizens from exercising their basic rights.” The following day, on 5 September, Bahrain’s Public Prosecutor charged Rajab with “intentionally broadcasting false news and malicious rumours abroad impairing the prestige of the state,” which carries an additional one-year prison term if he is convicted.

Rajab’s case has sparked international outrage from government officials like the spokesperson of the US Department of State, UN Secretary-General Ban Ki-Moon, and members of the EU Parliament who have all denounced the arrest of Rajab. Whilst we appreciate these efforts, we reiterate our deep concerns over his health and freedom.

We, the undersigned NGOs, believe Rajab is being targeted as a human rights defender by the Bahraini authorities in an attempt to silence all forms of dissent and suppress freedom of expression in the kingdom. All charges against Rajab are in violation of his fundamental human rights – in particular the right to freedom of expression.

In light of the alarming developments in Rajab’s case, who could be sentenced to 15 years in prison on 31 October, we urge you to dispatch an official delegation to the Kingdom of Bahrain, to expressly address EU concerns about the human rights situation in Bahrain, and to support the release of Rajab, and of all other human rights defenders imprisoned in Bahrain.

Rajab’s sentencing is the latest in a series of Bahraini government actions restricting civil society space. The government penalises criticism and human rights work as criminal activities, and Rajab’s prosecution aims to silence the last remaining voice in Bahrain, as well as to instill a culture of fear and impunity. It follows the dissolution of Al-Wefaq, the largest political party in the country, by the Ministry of Justice, the prosecution of over 60 Shia clerics for protesting since June, and the imposition of travel bans against around 20 human rights activists, ahead of UNHRC sessions in June and September this year.

Rajab has suffered for his human rights activism since 2011, including prison sentences between 2012-14 and in 2015. In 2014, the prosecution imposed a travel ban on him after his return from an advocacy trip in Europe, where he visited the UNHRC in Geneva, the European Parliament in Brussels, and other European capitals. This posed a heavy restriction on his human rights work.

Rajab’s comments on Twitter, documenting torture in Bahrain’s Jau Prison and criticising the escalating humanitarian crisis caused by the Saudi-led coalition airstrikes in Yemen led to his arrest on 2 April 2015. Authorities released him on 13 July 2015 when he received a royal pardon during Ramadan for his previous six-month sentence, but prosecutors did not close the cases and ordered his re-arrest on 13 June 2016.

We urge you not to remain silent in the face of gross violations of basic human rights.

We look forward to your reply.

 

Signatories,

Aabdulnabi Alekry, Bahrain Human Rights Organisation

Americans for Democracy & Human Rights in Bahrain

Bahrain Center for Human Rights

Bahrain Institute for Rights and Democracy

Bahrain Press Association

Bahrain Youth Society for Human Rights

Cairo Institute for Human Rights Studies

Canadian Journalists for Free Expression

CIVICUS

English PEN

European – Bahraini Organisation for Human rights

European Center for Democracy and Human Rights

Freedom House

Front Line Defenders

Gulf Centre for Human Rights

IFEX

Index on Censorship

International Media Support

International Service for Human Rights

Lawyers’ Rights Watch Canada

No Peace Without Justice

RAFTO

REDRESS

Salam for Democracy and Human Rights

Vivarta

Bahrain: Nabeel Rajab sentencing postponed to 31 Oct

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A Bahraini high criminal court has postponed the sentencing of leading human rights defender Nabeel Rajab, who faces up to 15 years in prison for messages posted on Twitter.

Rajab, the president of the Bahrain Center for Human Rights, is on trial on multiple charges of “disseminating false rumors in time of war”, “insulting a neighboring country” and “insulting a statutory body” under articles 133, 215 and 216 of the penal code. The charges collectively carry up to 15 years in prison. These are in relation to remarks he tweeted and retweeted on Twitter in 2015 about the humanitarian crisis caused by the Saudi-led war in Yemen – with Saudi Arabia the “insulted” country – and documenting torture in Bahrain’s Jau prison.

In September, Bahrain’s prosecution brought new charges against him for “undermining the prestige of the state” after the New York Times published his opinion piece, Letter from a Bahraini Jail. This charge could carry an additional year.

Back in January 2014, when Stephen Colbert asked Human Rights Watch executive director Ken Roth who the next Nelson Mandela would be, Roth named Nabeel Rajab. This week, Human Rights Watch writes: “Is it right or trite to compare Rajab to Mandela? That’s a matter for debate, but it’s certainly reasonable to compare states’ deification of one activist with their silence over another, and Mandela – a vocal supporter of free expression – would surely have seen the double standard.”

HRW’s Roth hit out again on Twitter yesterday: “He’s Bahrain’s Nelson Mandela but the West doesn’t show anywhere near the same concern for his plight.”

Last month, 22 rights groups wrote to 50 countries urging them to call for Rajab’s release. All 50 states, including the UK, had previously raised concerns over Bahrain’s human rights situation. However, until now only the United States has called for Nabeel Rajab’s release. The EU’s Special Representative for Human Rights Stavros Lambrinidis said yesterday on Twitter: “In Bahrain, the EU closely follows tomorrow Nabeel Rajab’s trial. Hope for his release from jail and commencement of national reconciliation efforts.”

Husain Abdulla, Executive Director, Americans for Democracy & Human Rights in Bahrain: “When countries go silent on Nabeel Rajab’s imprisonment because of the Gulf’s strategic importance, that is short-sighted and shameful. The US has talked a good talk on Nabeel: now let’s see them act on it.”

The UK has made no clear statement on Nabeel Rajab, apart from expressing “concern”. In November, Prince Charles will be visiting Bahrain, as well as Oman and the United Arab Emirates, to improve bilateral relations.

Sayed Ahmed Alwadaei, Director of Advocacy, Bahrain Institute for Rights and Democracy: “British silence will consign Rajab to this fate. The UK could have intervened, criticised the situation or called for an end to this flagrantly unfair trial on countless occasions, and so far they have failed to step up every single time. This act of repression is not just the fault of Bahrain, but the fault of every ally which enables Bahrain to continue in this way.”

In September, the UN High Commissioner for Human Rights used his opening statement at the 33rd session of the Human Rights Council (HRC) to warn Bahrain: “The past decade has demonstrated repeatedly and with punishing clarity exactly how disastrous the outcomes can be when a Government attempts to smash the voices of its people, instead of serving them.” Today’s sentencing is yet another case of the Bahraini government attempting to smash those voices.

Rajab has been held in pre-trial detention since his 13 June 2016 arrest, which coincided with the opening of the June session of the HRC. He was initially held in East Riffa, where police kept him in solitary confinement. After 15 days in solitary – which the UN’s top expert judges may amount to torture – he required urgent medical attention. Rajab was rushed to the Bahrain Defence Force hospital with breathing difficulties, an irregular heartbeat and a weak immune system. He was transferred back to a police station for detention the following day.

Since 2011, Rajab has faced multiple prosecutions and prison sentences for his vocal activism. The state banned him from travel in 2014, preventing him from leaving the country.

More about Nabeel Rajab:

6 Oct: Join us to tell the UK to help free Bahraini Nabeel Rajab

Bahrain: Nabeel Rajab put in isolation ahead of 6 October trial

Rights groups urge 50 nations to call for Nabeel Rajab’s release

6 Oct: Join us to tell the UK to help free Bahraini Nabeel Rajab

Nabeel Rajab during a protest in London in September (Photo: Milana Knezevic)

Nabeel Rajab during a protest in London in September 2014 (Photo: Milana Knezevic)

Join Index on Censorship, English Pen and the Bahrain Institute for Rights and Democracy for a vigil outside the Foreign and Commonwealth Office at 12 pm on Thursday 6 October to mark the trial of Bahraini human rights activist Nabeel Rajab, who could be sentenced to up to 15 years in prison.

The Index on Censorship Freedom of Expression Award-winning Rajab has been subjected to ongoing judicial harassment by Bahrain’s government.

Your support will show the UK government that it must do more to pressure its ally Bahrain to respect freedom of expression and release Rajab unconditionally.

When: Thursday 6 October at 12pm
Where: Foreign and Commonwealth Office, King Charles Street, Whitehall, London SW1A 2AH (Map)

More information about Nabeel Rajab:

Bahrain: Nabeel Rajab put in isolation ahead of 6 October trial

Prince Charles to visit Bahrain: Here are some things he should consider

Who is Nabeel Rajab?

Background
Nabeel Rajab was arrested on 13 June and prosecuted on charges of spreading “false or malicious news, statements, or rumours” during wartime, “offending a foreign country” and “offending a public institution” under articles 133, 215 and 216 of the Penal Code and faces up to 15 years’ imprisonment. His sentencing is due on 6 October 2016. Nabeel has also been banned from travel ban since November 2014.

This is in connection to comments made on Twitter in 2015 documenting allegations of torture at the Central Jau Prison and criticizing the Saudi coalition war in Yemen.

Following the publication a letter by Nabeel to the New York Times, the Public Prosecution Office charged him 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.
FCO Policy on Nabeel and Bahrain
 
The FCO has expressed “concern” over the re-arrest of Nabeel but has not called for his release.
At the UN Human Rights Council in Geneva, the UK stated it will be continuing its technical assistance to Bahrain and encouraged “constructive and inclusive dialogue.”
The UK’s statements do not reflect the facts on the ground: Bahrain’s human rights situation is worsening. Nabeel‘s charges, all related to his free expression and carrying lengthy prison terms, are a reflection of Bahrain’s failure to reform.