15 Aug 18 | Bahrain, Bahrain News, Middle East and North Africa, News and features, Statements
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Bahraini human rights defender Nabeel Rajab (Photo: The Bahrain Institute for Rights and Democracy)
The United Nations (UN) Working Group on Arbitrary Detention has issued a formal decision declaring Bahrain’s imprisonment of human rights defender Nabeel Rajab unlawful. Rajab – who was arrested on 13 June 2016 and later sentenced to a total of seven years in prison for tweets and media appearances – is arbitrarily detained under eight articles of the Universal Declaration of Human Rights and seven articles of the International Covenant on Civil and Political Rights, according to the Working Group. It finds that Rajab should never have been prosecuted and that Bahraini authorities employed “vague and overly broad” legal provisions to target him for his “political views and convictions.” His detention, therefore, constitutes two different categories of arbitrary detention under the Working Group’s mandate, in that it contravenes his rights to freedom of opinion and expression, and it discriminates against him as a human rights defender.
“Our friend Nabeel has been in detention for more than two years,” said Index on Censorship chief executive Jodie Ginsberg. “Bahrain should release him immediately and pay compensation as urged by the UN Working Group on Arbitrary Detention. We hope that these findings will also encourage the UK government to do more to encourage its ally Bahrain to uphold its international human rights obligations.”
Bahrain is urged to immediately and unconditionally release Rajab — a 2012 Index on Censorship Freedom of Expression Award winner — from custody and “accord him an enforceable right to compensation and other reparations.” Moreover, the Working Group concludes that Bahrain’s consistent pattern of arbitrary detention against human rights defenders, activists, religious leaders, and other civil society actors may be approaching crimes against humanity.
Please find the Working Group’s key observations below:
· “Mr. Rajab has been arrested, detained, prosecuted and imprisoned for allegedly spreading false news abroad which damages the national interest and for allegedly spreading false rumours in wartime, insulting governing authorities and insulting a foreign country — pursuant to articles 133, 134, 215 and 216 of the Penal Code. . . these provisions of the Penal Code are so vague and overly broad that they could, as in the present case, result in penalties being imposed on individuals who had merely exercised their rights under international law.”
· “Given its finding that the deprivation of liberty of Mr. Rajab is arbitrary under category II … no such trial of Mr. Rajab should have taken place or take place in the future.”
· “The Working Group cannot help but notice that Mr. Rajab’s political views and convictions are clearly at the centre of the present case and that the authorities have displayed an attitude towards him that can only be characterised as discriminatory; indeed, he has been the target of persecution, including deprivation of liberty, for many years and there is no other explanation for this except that he is exercising his right to express such views and convictions.”
· “The deprivation of liberty of Nabeel Ahmed Abdulrasool Rajab, being in contravention of … the Universal Declaration of Human Rights and … the International Covenant on Civil and Political Rights, is arbitrary.”
· “The Working Group considers that … the appropriate remedy would be to release Mr. Rajab immediately and accord him an enforceable right to compensation and other reparations, in accordance with international law.”
· “The present case is one of several brought before the Working Group in the past five years concerning the arbitrary deprivation of liberty of persons in Bahrain . . . under certain circumstances, widespread or systematic imprisonment or other severe deprivation of liberty in violation of the rules of international law may constitute crimes against humanity.”
Commenting, Husain Abdulla, Executive Director of Americans for Democracy & Human Rights in Bahrain (ADHRB): “This is a landmark decision that clearly indicts Bahrain’s systematic and widespread arbitrary detention of activists like Nabeel Rajab for exercising their right to free expression. The Bahraini government must immediately heed the UN’s call to release Rajab and compensate him for the last two years he’s spent illegally languishing in prison. As the UN’s findings rightly suggest, this is not just a crime against a brave human rights defender, but part of Bahrain’s wider crimes against humanity.”
Sayed Ahmed Alwadaei, Director of Advocacy for the Bahrain Institute for Rights and Democracy (BIRD): “The UN has now unequivocally found that Bahrain is arbitrarily detaining Nabeel Rajab in violation of numerous international legal standards – these vital findings cannot be ignored. It is now incumbent on Bahrain’s allies like the United Kingdom, which has so far failed to address Rajab’s case, to publicly back the UN’s demands for his unconditional release. Anything short of that is a tacit endorsement Bahrain’s patently criminal behaviour.”
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21 Jun 18 | Bahrain, Bahrain News, News and features
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Sheikh Ali Salman
21 June 2018 – Bahrain’s High Criminal Court acquitted the leader of Bahrain’s dissolved opposition party Al-Wefaq, Sheikh Ali Salman, of politically motivated charges related to espionage.
The verdict marked the end of a long, flawed trial. Sheikh Salman was acquitted alongside his two co-defendants and leading figures in the Al-Wefaq party, Sheikh Hassan Ali Juma Sultan and Ali Mahdi Ali Al-Aswad. Sheikh Salman’s co-defendants were tried in absentia.
Sheikh Salman is currently serving a four year sentence in Jau Prison in relation to another freedom of expression case.
Commenting, BIRD’s Director of Advocacy, Sayed Ahmed Alwadaei: “This case should never have been initiated in the first place: Sheikh Ali Salman had been used as a pawn in Bahrain’s game of power politics. Despite his acquittal, Sheikh Salman will continue to languish in Jau Prison for exercising his right to freedom of expression. His conviction must be overturned and he must be released immediately.”
Background Information: The Qatari Case
Timeline of Events According to Bahrain’s Public Prosecution
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August 2017 – Bahrain’s state television broadcasted an audio recording of a phone call between Sheikh Salman and the then Prime Minister and Minister of Foreign Affairs of Qatar, Sheikh Hamad Bin Jassim Bin Jabr Al-Thani. This event triggered Sheikh Salman’s prosecution.
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1 November 2017 – Sheikh Salman was summoned by the Public Prosecution and charged undermining the “political, economic position and national interests with the purpose of overthrowing the regime” in Bahrain. He had been accused of maintaining intelligence contacts with Qatar. More specifically, his allegations included revealing national defence secrets and accepting financial sums from a foreign country, namely Qatar.
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12 November 2017 – The Public Prosecution referred the case to the High Criminal Court.
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24 April 2018 – The Public Prosecution stated that the case was postponed to 21 June for sentencing.
The Qatari Mediation as Referenced by the 2011 BICI Report
Paragraph 527 of the 2011 report by Bahrain’s Independent Commission of Inquiry (BICI), cited opposition sources suggested that the then Prime Minister and Minister of Foreign Affairs of Qatar, Sheikh Hamad Bin Jassim Bin Jabr Al-Thani, could act as the sponsor of a proposed United States initiative. Opposition sources also indicated that the State of Qatar’s Emir, Sheikh Hamad bin Khalifa Al-Thani, attempted to mediate between the Bahraini Government and opposition parties in the following days, and that this initiative was accepted by the opposition but rejected by the Government.
However, the mediating role of Qatar never arose as an issue before the Qatari crisis of 2017.
Background Information: Freedom of Expression Case
Sheikh Salman is currently imprisoned in Jau Prison as a result of a separate conviction related to speeches he delivered in 2014 against parliamentary elections that his party boycotted. Some of Sheikh Salman’s charged included publicly inciting hatred, civil disobedience and for promoting change within the ruling government. He was initially sentenced to four years in June 2015, and increased to nine-year prison sentence by the appeal court and then reduced back to four years on 3 April 2017 by the highest court, In reality he was convicted in relation to peacefully exercising his right to freedom of expression, following a grossly unfair trial.
Early last year, Sheikh Salman was among the 12 opposition activists and human rights defenders who were subjected to degrading treatment in Jau Prison. Since then, he has been denied the right to family visitations and access to books.
International Responses
United Nations
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In February 2015, five UN experts expressed concern for the arrest and detention of Sheikh Salman, and called for his release.
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In September 2015, the UN Working Group on Arbitrary Detention (WGAD) officially declared Sheikh Salman to be arbitrarily detained. The WGAD cited both freedom of expression and due process concerns, requested for his immediate release and that he receive his enforceable right to compensation.
United Kingdom (UK)
On 15 June 2018, in response to a parliamentary question on Sheikh Salman’s case, UK MENA Minister Alistair Burt merely stated that the Foreign and Commonwealth Office had “raised the case at a senior level with the Government of Bahrain”. The Minister, however, has failed to publicly condemn the charges.
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20 Jun 18 | Bahrain, Bahrain Statements, Campaigns -- Featured, Statements
[vc_row][vc_column][vc_column_text]We the undersigned call on Bahraini authorities to drop all charges and ensure the immediate and unconditional release of Sheikh Ali Salman, Secretary-General of Bahrain’s largest political opposition society, al-Wefaq National Islamic Society, who has been serving a four-year prison sentence for charges in response to political speeches he delivered in 2014, and who is now facing a potential death sentence in a groundless new trial on politically motivated charges.
Since his incarceration in 2014, several international bodies have spoken out against the imprisonment of Sheikh Ali Salman. On 30 December 2014, the UN High Commissioner for Human Rights (OHCHR) spokesperson urged Bahrain to immediately release Sheikh Ali Salman as well as all other persons convicted or detained for “merely exercising their fundamental rights to freedom of expression and assembly.” In addition, the European Union expressed concern about the sentence issued against Sheikh Ali Salman, and the United States Ambassador to the United Nations called the sentence against Sheikh Ali Salman a blow to freedom of expression.
However, despite the growing concern over the silencing of Sheikh Ali Salman and the subsequent 2017 dissolution of the political opposition society al-Wefaq, Bahraini authorities announced on 27 November 2017 the start of a new trial against him on charges of spying for Qatar.
The latest trial against Sheikh Ali Salman reinforces the closing of democratic space in the country; as the 2018 elections for Bahrain’s lower house of parliament approach, the government has forcibly dissolved Wa’ad, the largest secular leftist society, and indefinitely suspended Bahrain’s only independent newspaper Al-Wasat, in addition to upholding its arbitrary decision in 2017 to dissolve the political opposition society al-Wefaq.
On 24 April 2018, the High Criminal Court adjourned the new trial against Sheikh Ali Salman until 21 June, when it is expected to issue a verdict in the case. The Public Prosecution Office has called on the High Criminal Court to hand down the “maximum penalty” – which in this case could be a death sentence.
NGOs have decried this use of the judiciary to punish opposition activists for publicly expressing views that oppose the Bahraini government. The trial is in violation of Sheikh Ali Salman’s rights to liberty, fair trial, free expression, and free association.
We, the undersigned, call on Bahraini authorities to:
1. Drop all charges and ensure the immediate and unconditional release of Sheikh Ali Salman and the cancellation of the sentence issued against him in the previous case;
2. Stop prosecution of political dissidents and human rights activists for reasons related to freedom of expression;
3. Stop the arbitrary use of domestic legislation, including some articles of the Penal Code and the Law on the Protection of Society from Terrorist Acts, to criminalize the peaceful practice of freedom of opinion and expression;
4. Release all detainees who have been arrested for reasons related to exercising their fundamental rights to expression, organisation and peaceful assembly guaranteed by international laws.
Signed,
Bahrain Center for Human Rights
Adil Soz – International Foundation for Protection of Freedom of Speech
Africa Freedom of Information Centre (AFIC)
Americans for Democracy & Human Rights in Bahrain (ADHRB)
Arabic Network for Human Rights Information (ANHRI)
Bytes for All (B4A)
Cartoonists Rights Network International (CRNI)
Center for Media Studies & Peace Building (CEMESP)
Freedom Forum
Independent Journalism Center (IJC)
Index on Censorship
Initiative for Freedom of Expression – Turkey
Maharat Foundation
MARCH
Media Institute of Southern Africa (MISA)
Media Watch
National Union of Somali Journalists (NUSOJ)
Norwegian PEN
Pakistan Press Foundation
PEN American Center
PEN Canada
Social Media Exchange (SMEX)
South East Europe Media Organisation
Vigilance for Democracy and the Civic State
World Association of Community Radio Broadcasters (AMARC)
Bahrain Interfaith
Danish Pen
Global Human Rights Geneva
MENA Monitoring Group
No Peace Without Justice
Salam for Democracy and Human Rights
Vivarta Limited[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Don’t lose your voice. Stay informed.” use_theme_fonts=”yes”][vc_separator color=”black”][vc_row_inner][vc_column_inner width=”1/2″][vc_column_text]Index on Censorship is a nonprofit that campaigns for and defends free expression worldwide. We publish work by censored writers and artists, promote debate, and monitor threats to free speech. We believe that everyone should be free to express themselves without fear of harm or persecution – no matter what their views.
Join our mailing list (or follow us on Twitter or Facebook) and we’ll send you our weekly newsletter, our monthly events email and periodic updates about our activities defending free speech. We won’t share, sell or transfer your personal information with anyone outside Index.[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/2″][gravityform id=”20″ title=”false” description=”false” ajax=”false”][/vc_column_inner][/vc_row_inner][vc_separator color=”black”][vc_basic_grid post_type=”post” max_items=”12″ style=”load-more” items_per_page=”4″ element_width=”6″ grid_id=”vc_gid:1529484624151-5c87189d-f27a-5″ taxonomies=”6534″][/vc_column][/vc_row]
10 Apr 18 | Bahrain, Bahrain News, Uncategorized
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In 2011 Bahraini human rights defenders were arrested for pro-democratic activism. Seven years on, monthly protests are reminders of ongoing injustice.
Protesters gathered outside the Bahrain Embassy shouting “free free Abdulhadi” as activists continue to be targeted
NGO’s gathered yesterday at the Bahrain embassy in London to call for the release of Abdulhadi al-Khawaja, a human rights defender imprisoned for life seven years ago for organising peaceful protests against Bahrain’s government during the country’s Arab Spring uprising.
Al-Khawaja founded the Bahrain Centre for Human Rights in 2002 and is a founding director of the Gulf Centre for Human Rights, established in 2011. He was one of 13 human rights defenders to be arrested during the 2011 demonstrations.
Index on Censorship and other human rights organisations have called for his immediate release and for all human rights defenders jailed in Bahrain to be freed.
Monday’s protest not only signalled the ongoing persecution of al-Khawaja, but with repeated calls for his release, highlight Bahrain’s systematic imprisonment and targeting of human rights activists since the Arab Spring.
Front Line Defenders recently reported that all human rights defenders in Bahrain have been exiled, imprisoned or prevented from freely working or travelling. Here, we profile some of those targeted:
Nabeel Rajab
This human rights defender was imprisoned for five years in February 2018 for tweets and retweets perceived as inflammatory by the Bahraini authorities. The posts, from 2015, relate to torture in Bahrain’s Jau prison and the killing of civilians. He has been in and out of prison for peaceful human rights activism since 2012, with charges ranging from “incitement to non-compliance with the law” and “spreading false news” to “incitement to hatred against the regime”.
Nedal Al-Salman
Head of women and children’s rights advocacy for the Bahrain Centre for Human Rights, Al-Salman was stopped at Bahrain International Airport in December 2017. She was prevented from travelling and has since been banned from leaving the country. The same happened in 2016 when she was barred from exiting on her way to attend the United Nations Human Rights Council in Geneva. In April 2017 Sharaf Al-Mousawi was also stopped on her way to a development meeting in Lebanon.
Ebtisam Al-Saegh
Al-Saegh, who works for Salam for Human Rights and Democracy, was one of 22 human rights defenders who were interrogated by the Bahraini authorities in April 2017. They had all supposedly attended an illegal meeting. Most were informed they were banned from travelling. Al-Saegh has been repeatedly targeted by the authorities, sexually assaulted and threatened with rape for her human rights advocacy.
Saeed Al-Samahiji
Saeed Al-Samahiji, an opthamologist, used his medical expertise to help protesters injured in the 2011 Bahraini Arab Spring. In 2012 he was sentenced to 10 years in prison for his involvement but was released in 2013 following an appeal. He has since been repeatedly targeted, serving a year in prison in 2014 for insulting the king and being charged for tweets written in 2016. Charges included “threatening a neighbouring country (Saudi Arabia) for the purpose of threatening national security” and “publicly calling for participation in unlicensed demonstrations and marches”.
Duaa Alwadaei
In March 2018 London-based Duaa Alwadaei was sentenced to two months in jail for insulting a police officer. Her trial was conducted without her present. The charge came after Alwadaei told of her mistreatment by security at Bahrain International airport in 2016. Her husband is Sayed Ahmed Alwadaei, Director of the UK-based Bahrain Institute for Rights and Democracy. He attended Monday’s protests at the Bahraini Embassy in London, calling for an end to the persecution of the country’s human rights defenders. [/vc_column_text][vc_video link=”https://www.youtube.com/watch?v=8lkS7Fsyqso&feature=youtu.be” align=”center”][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”12″ style=”load-more” items_per_page=”4″ element_width=”6″ grid_id=”vc_gid:1523361407755-9197b56c-e77e-6″ taxonomies=”716″][/vc_column][/vc_row]
