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 Feb 18 | Bahrain, Bahrain Statements, Campaigns -- Featured, Statements
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Nabeel Rajab, BCHR – 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
Index condemns the decision to sentence Bahraini human rights defender – and Index on Censorship Freedom of Expression Award winner – Nabeel Rajab to five years in prison. Nabeel’s ‘crime’ was to tweet about torture in Bahrain’s jails and to criticise the war in Yemen. Those are not crimes. Opinions are not crimes.
It is clear from today’s harsh sentence that the Bahraini government simply wants to silence its critics. We must not be silent in response. We urge Bahrain’s allies – and in particular the UK government – to condemn publicly this shameful and unjust punishment and to call for Nabeel’s release.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”12″ style=”load-more” items_per_page=”3″ element_width=”12″ grid_id=”vc_gid:1519203946844-e98cea3b-21c0-4″ taxonomies=”716″][/vc_column][/vc_row]
06 Dec 17 | Bahrain, Bahrain Statements, Campaigns -- Featured, Statements
[vc_row][vc_column][vc_single_image image=”95198″ img_size=”full” add_caption=”yes” alignment=”center”][vc_column_text]The 19th hearing of the leading Bahraini human rights defender Nabeel Rajab was unexpectedly held earlier than the court had originally ruled.
On 3 December, one of the lawyers was informally told by the court that the 2012 Index on Censorship Freedom of Expression Award-winning Rajab’s hearing would take place on 5 December – almost 4 weeks earlier than the agreed date. The court claimed that this was because a key witness, the man who initially arrested Rajab and confiscated his electronic devices, would be travelling on 31 December and unable to attend the hearing.
The case is related to comments on Rajab’s Twitter account about the Saudi-led coalition airstrikes in Yemen, and further comments exposing the torture in Bahrain’s notorious Jau prison. If convicted, Rajab will be sentenced to 15 years imprisonment. He is already serving a two-year sentence for conducting TV interviews.
Despite the protests of Rajab’s lawyers, who wrote to the court on 4 December to ask that the arguments instead be heard on 31 December, the hearing went ahead on Tuesday 5 December. However, the hearing was adjourned until 7 December for the defence to be given further preparation time to prepare the questions and interview Nabeel. Rajab was not present at the hearing due to an ongoing illness.
Despite the Public Prosecution’s failure to provide any incriminating evidence against Rajab, the court continues to chase evidence against him. In November, the prosecution requested to call on the officer who confiscated Rajab’s electronic devices to be examined in court. This request was granted and the trial was adjourned to 31 December. The sudden rearrangement of the trial has not given Rajab’s legal team adequate time to prepare, and violates Rajab’s right to a fair trial.
Sayed Ahmed Alwadaei, director of advocacy at the Bahrain Institute for Rights and Democracy, said: “The rescheduling of Nabeel’s trial for a significantly earlier date is especially worrying, since it suggests that he may be sentenced soon. It is probable that the government of Bahrain will use the distraction of the Christmas period to bury further news of Nabeel’s fate. The continued, unethical support of the UK and the US to Bahrain fosters a culture of impunity.”
Joy Hyvarinen, head of advocacy at Index on Censorship, said: “The moving of the hearing without due notice to Nabeel and his legal team violates his right to a fair trial and international norms for justice.”
In September 2017, a new set of charges was brought against Rajab related to social media posts. The posts were allegedly made in January 2017, when Rajab was already in detention and without internet access. Rajab also faces a fourth set of charges relating to a letter he penned to the New York Times in September 2016. In July 2017 he was sentenced to two years in prison for “spreading false news”; An appeal court upheld his sentence last month.
Rajab was transferred from the Manama Fort hospital to Jau Prison on 25 October 2017. On arrival he was immediately mistreated, subjected to a humiliating physical search, and shaved against his will. All of his personal effects, including books, clothes, toiletries and his shaving set, were confiscated. He is now kept with another 5 prisoners in a very small cell of no more than 3×3 meters.
Rajab is being continuously deprived of his basic rights in Jau Prison. He is denied any books, a specially-designed pillow that he requires for medical reasons, and the cotton clothing his family members gave to him. The clothing is particularly important, given that Nabeel is allergic to the synthetic clothes provided by Jau Prison.
Rajab also complains of a poor, insufficient diet; he is not allowed to visit the prison canteen to buy snacks and is allowed out of his cell for no more than one hour each day. A formal complaint to the Ombudsman has already been made about his treatment, but with no positive results so far.
Rajab, President of the Bahrain Centre for Human Rights, was arrested on 13 June 2016 and has been detained ever since. He was held largely in solitary confinement in the first nine months of his detention, violating the UN Standard Minimum Rules for Non-Custodial Measures (Tokyo Rules) which state: “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.”
In early April 2017, Rajab was admitted to the Bahrain Defence Force hospital for a necessary surgery. He was transferred back to police custody just a day later, before he had fully recovered from his operation. As a result, his health deteriorated significantly; from there he was transferred to the Ministry of Interior Clinic (Al-Qalaa), where he remains to date. Between April and August 2017, Rajab was unable to attend court, leading numerous hearings to be held in his absence. Rajab was transferred back to Jau Prison in October.
The UN Committee Against Torture has called for Rajab’s release.
The UK Foreign Office stated: “We continue to closely monitor the case of Nabeel Rajab and have frequently raised it with the Bahraini Government at the highest levels. The UK Government continues to emphasise the need to respect the rights of all citizens, including freedom of expression.”
In the US, the Trump administration this year removed Obama-era human rights conditions on arms sales, one of which was the unconditional release of Rajab. In November, President Trump announced the advancement of $9 billion in commercial deals with the government of Bahrain, including finalizing the purchase of several American F16 jets.
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22 Nov 17 | Bahrain, Bahrain Statements, Campaigns -- Featured, Statements
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Protesters call for freedom for Nabeel Rajab outside the Bahraini embassy in London.
Nabeel Rajab’s sentence to two years in prison for speaking to journalists was upheld on 22 November 2017 by a Bahraini appeals court at the conclusion of a long-running, unfair trial.
Rajab will serve his sentence at notorious Jau Prison until December 2018, by which time he will have actually spent two and a half years in prison. He faces up to 15 years in prison in a second case related to his comments on Twitter, with the next hearing on 31 December. Index on Censorship and the Bahrain Institute for Rights and Democracy (BIRD) condemns Rajab’s imprisonment, which is a reprisal against his work as a human rights defender, and calls for his immediate and unconditional release.
Rajab was sentenced in absentia on 10 July 2017 on charges of “publishing and broadcasting fake news that undermines the prestige of the state” under article 134 of Bahrain’s Penal Code. This is in relation to statements he has made to media that:
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International Journalists and researchers are barred from entering the country
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The courts lack independence and controlled by the government. Use judiciary as a tool to crush dissidents.
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Foreign mercenaries are employed in the security forces to repress citizens
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Torture is systematic in Bahrain.
In the last appeal court hearing on 8 November, the judge refused to allow the defence’s evidence, which included testimonies of high-profile journalists and researchers who had been banned from entering Bahrain.
Sayed Ahmed Alwadaei, Director of Advocacy, BIRD: “This is a slap in the face of free expression and tragically proves Nabeel’s point that the justice system is corrupt. Bahrain’s rulers are fearful of the truth and have lashed out against it once again. This Bahraini repression has been enabled by their western allies in the US and UK.”
Jodie Ginsberg, CEO, Index on Censorship: “This is an outrageous decision. Nabeel has committed no crime. Bahrain needs to end this injustice and its harassment of Nabeel.”
The Bahraini courts have failed to provide Rajab, the president of the Bahrain Center for Human Rights (BCHR), a fair trial at every turn. He has been prosecuted for his expression, as protected under article 19 of the Universal Declaration of Human Rights and International Covenant on Civil and Political Rights. During his hospitalisation earlier this year, multiple court hearings were held in Rajab’s absence, including his sentencing in July.
Rajab had a separate hearing on 19 November 2017 in a concurrent case relating to his tweets about torture in Bahrain’s notorious Jau Prison and the Saudi-led coalition’s war in Yemen, for which he faces up to 15 additional years in prison. The court heard a prosecution witness, who had already appeared in a previous hearing last year, and who was not able to provide any evidence against Rajab. The trial was adjourned to 31 December 2017, when the security officer who confiscated Rajab’s electronic devices for another case will be brought as a prosecution witness. The next court hearing will be the eighteenth since the trial began.
Rajab also has been charged with “spreading false news” in relation to a letter he wrote to the New York Times in September 2016. A new set of charges were brought against Rajab in September 2017 in relation to social media posts made in January 2017, when he was already in detention and without internet access.
The human rights defender was transferred to Jau Prison on 25 October 2017, having been hospitalised the previous six months, since April, after a serious deterioration of his health resulting from the authorities’ denial of adequate medical care and unhygienic conditions of detention.
Rajab was subjected to humiliating treatment on arrival at the prison, when guards immediately searched him in a degrading manner and shaved his hair by force. Prison authorities have singled him out by confiscating his books, toiletries and clothes, and raiding his cell at night. Rajab is isolated from other prisoners convicted for speech-related crimes and is instead detained in a three-by-three meter cell with five inmates. Prison officers have threatened him with punishment if he speaks with other inmates, and he is not allowed out of his cell for more than one hour a day.
One of Rajab’s outstanding charges is that he spoke out about the degrading treatment in Jau Prison.The evidence he and BCHR gathered proving torture in the prison was exposed in a joint-NGO report, Inside Jau, in 2015. Human Rights Watch also reported on the same incidents of torture.
The upholding of the sentence means Rajab will be imprisoned at least until December 2018, by which time he will have spent 30 months in prison. This itself reflects the unfair court procedures: Rajab was first arrested in June 2016 and charged with spreading fake news in media interviews. However, the prosecution did not begin investigating his charges until six months into his detention, in December 2016.
International Positions
The UK Foreign and Commonwealth Office has avoided expressing concern over Nabeel Rajab’s sentencing in its answers to four parliamentary questions since July. In their latest statement, they stated: “We continue to closely monitor the case of Nabeel Rajab and have frequently raised it with the Bahraini Government at the highest levels.”
25 British MPs have condemned the sentence.
Following Rajab’s sentencing on 10 July, the United States, European Union and Norway all called for Rajab’s release. Germany deplored his sentence. The UN High Commissioner for Human Rights’ office called for his unconditional release.
In September 2017, the UN condemned the increasing number of Bahraini human rights defenders facing reprisals, naming nine affected individuals, Rajab among them. The UN Committee Against Torture has called for Rajab’s release.
Yesterday, fifteen international and local NGOs wrote to states including the UK, US, EU, Norway, Germany, France, Italy, Denmark, Sweden, Ireland and Canada urging them to call for Nabeel Rajab’s immediate and unconditional release. Their voices were joined by protesters in London. In Washington D.C., a petition signed by 15,000 people calling for Rajab’s release was delivered to the Bahrain embassy.
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