8 Jan, 2016

Bahraini Authorities Continue to Harass Human Rights Defenders

The Bahrain Center for Human Rights (BCHR) is concerned about the Bahraini authorities continued harassment of human rights defenders and its policy of restricting their right to free expression. Human rights defender Sheikh Maytham al-Salman was again summoned for interrogation over a speech he delivered in a public event last month.

On 31 December 2015, the Bahraini authorities handed Sheikh Maytham al-Salman, and others, a summons to be present at the General Directorate of Criminal Investigations (CID) later on the same day. At the CID, al-Salman was interrogated about his participation in an event a few days earlier on the anniversary of Sheikh Ali Salman’s arrest, during which he delivered a speech. He was later released, only to be summoned again by the public prosecution on 6 January 2016. At the public prosecution, the interrogation focused on the content of the speech he delivered on 27 December during the aforementioned event, which the prosecution claimed to have incited hatred against the regime and incited people to disobey the law. Not only that, he was questioned about his activism, including his international human rights ties, relationships and activities, as well as his views on some controversial issues. At the end of the interrogation, the prosecution accused him of “expressing views regarding a case still at court" and "inciting hatred against the regime."

The speech over which Sheikh al-Salman was charged aimed to bring into focus the deceptions about international standards for fair trials Bahraini authorities have committed in the trial of Sheikh Ali Salman, whom he considered to be a prisoner of conscience. (Find the full text of the speech at the end of this statement.) This is not the first time Sheikh al-Salman has been summoned and interrogated by the authorities for similar reasons related to his work and his right to free speech.

It is important to point out that Sheikh al-Salman is an international spokesperson and a human rights defender, particularly on topics related to freedom of religions, anti-extremism, anti-violence and strengthening positive relations between cultures and religions. He has taken part in a number of human rights conferences, as well as meetings with the United Nations Human Rights Council.

The BCHR believes that the Bahraini authorities’ actions are an indication of its increasingly harsh policies aimed at further harassing human rights defenders in order to silence them, in addition to its continued implementation of further restrictions both in law and practice on the right to free expression. Moreover, human rights defenders and activists in Bahrain have been ongoing targets of the authorities who have attempted countless times to silence them, stop their work and oppress their right to freedom of expression, including BCHR President Nabeel Rajab, activist Zainab al-Khawaja, and human rights defender Naji Fateel, to mention but a few.

Accordingly, the Bahrain Center for Human Rights calls on the government of Bahrain to:

  • Drop all charges pending on Sheikh Maytham al-Salman for exercising his freedom of speech
  • Release all prisoners who have been convicted for their political opinions; and
  • Fully comply with the Bahrain Independent Commission of Inquiry (BICI) recommendations and international laws.

Sheikh Maytham al-Salman’s speech of 27 December 2015:

"The joint letter sent to the authorities in Bahrain by the Special Rapporteur on Arbitrary Detention and the Special Rapporteur on Freedom of Expression, the Special Rapporteur on the Right to Freedom of Peaceful Assembly and Association, the Special Rapporteur on Freedom of Religion and Consciousness, the Special Rapporteur for Human Rights Defenders and the Special Rapporteur on the Independence of Judges and Lawyers clearly revealed that United Nations experts consider the arrest of Sheikh Ali Salman as a direct response by the authority to his public expression of political views.

The international consensus on the invalidity of the trial of Sheikh Ali Salman and its breach of the tenth article of the Universal Declaration of Human Rights, which states that: 'Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him', is clear and not in doubt by international experts, legal scholars and international human rights organizations.

There is a consensus that the trial is a retaliation against Sheikh Ali Salman for expressing his political views publicly. Those views clearly call for the improvement of the political system in the country, so that the people become true decision makers in the political process. Sheikh Ali Salman has constantly called for activating the first article of the constitution of the Kingdom of Bahrain which states that 'the system of government in the Kingdom of Bahrain is democratic; sovereignty being in the hands of the people, the source of all powers'.

In order to conduct a fair trial the following principle has to be applied: 'a crime or penalty can only be determined by law'. Is there anything in law that criminalizes someone who calls for activating the first article of the constitution - which says 'the people are the source of all powers'? Is there a legal provision that criminalizes the call for democracy and developing the political system to address the social and economic challenges the country is facing?

Does it make Sheikh Ali Salman a criminal to call for the implementation of the UN Periodic Review and the Bahrain Independent Commission of Inquiry [BICI] recommendations? There is no single provision in law that criminalizes Sheikh Ali Salman for his pro-democratic views and calls to end human rights violations and implement the international human rights commitments on Bahrain.

Sheikh Ali Salman's trial does not comply with the principle of 'a crime or penalty can only be determined by law', and therefore, it is not a fair trial in accordance with international standards.

Sheikh Ali Salman's arrest is another proof that authorities have not implemented the Bahrain Independent Commission of Inquiry recommendations. The report, in paragraphs 1279 and 1281, stated that some Criminal Code Articles are used to punish the opposition and violate the right of freedom of expression contrary to Bahrain's international commitments. The report found that these articles are being used to ban and suppress freedom of expression regarding the country's governance structures and system or even the call to develop them.

The report has clearly recommended abolishing all the sentences against the opposition members who peacefully expressed their political views, because that clearly contradicts article 19 of the International Covenant of Political and Civil Rights.

Sheikh Ali Salman’s imprisonment as well as Ibrahim Sherif's trial reveal the unwillingness of the government in implementing Professor Bassiouni's recommendations as head of the BICI commission.

If you are serious and eager to implement the BICI recommendations invite Professor Bassiouni to officially visit Bahrain again in order to verify the implementation of his own recommendations.

One year has passed and Sheikh Ali Salman still calls on the authority, from his prison cell, to engage in a serious, meaningful dialogue process which could achieve political, social and economic stability. The government must utilize these calls. Continuously ignoring them does not serve Bahrain. If the government continues to refuse to open doors for dialogue, the international community will clearly understand that the authorities are responsible for the continuance of the political crisis and the ongoing human rights violations. It is also important to point out that any future dialogue should include the imprisoned leaders who have constantly called for dialogue as the only means to resolve social and political disputes in the country."

Read this statement in French. 

7 Jan, 2016

Champions for Justice: Victims of Government Reprisals

Since Bahrain’s pro-democracy uprising began in 2011, Americans for Democracy & Human Rights in Bahrain (ADHRB), the Bahrain Institute for Rights and Democracy (BIRD), and the Bahrain Centre for Human Rights (BCHR) have documented numerous cases of government retaliation against human rights defenders and activists. Less well-known, however, are cases of retaliation against these individuals’ families and friends – those targeted simply for knowing or being related to an activist or a victim. This retaliation can take many forms, from arbitrary detention and torture to recurrent harassment. For the relatives of those killed by the authorities, the experience is one of injustice compounding injustice – an additional act of intimidation meant to discourage them from seeking accountability for the death of a loved one. January’s Champions for Justice highlights victims of government reprisal who were targeted because of their association with victims and activists.

Ali Isa Ali al-Tajer is a manager at the Al Khunaizi Group construction company and the brother of Mohamed al-Tajer, a prominent human rights defender and lawyer who has worked with the United Nations Secretariat on the situation in Bahrain.

On 5 November 2015, Bahraini security forces surrounded Ali’s home with more than nine vehicles. Ten masked men forcibly entered the house and arrested Ali. They failed to present a warrant or provide any reason for the raid and arrest. With the exception of two brief phone calls, officials held Ali incommunicado for 25 days.

On 30 November, without prior warning, the public prosecution called Mohamed al-Tajer to represent his brother in court. By the time Mohamed arrived, the hearing had already begun, and Ali had not had access to any counsel. The public prosecutor claimed that Ali confessed to joining an illegal terrorist organization for the purposes of overthrowing the government. Ali maintained his innocence, telling the court that the authorities had tortured him into providing a false confession. Moreover, he stated that he had been blindfolded when he was forced to sign the document; he never knew what he was signing. The prosecutor told Ali to stop explaining his torture, stating that he would refer the allegations to the Special Investigations Unit (SIU), a branch of the public prosecution purportedly dedicated to pursuing cases of government abuse. 

After the proceedings concluded, Ali told Mohamed that security officials severely tortured him while he was in detention, subjecting him to humiliation, physical beatings, and sexual assault. He also revealed that the prosecutor had threatened him prior to Mohamed’s arrival at court.

As of 4 January 2016, Mohamed was able to see his brother twice more since the original hearing. Ali has developed several long-term injuries as a result of the torture he has suffered while in detention, including a bulged disc, a hernia, and the loss of hearing in his left ear. Authorities took Ali to a forensic medical examiner, who reportedly recommended Ali see an orthopedist and urologist. Although the forensic examiner has not released a report on Ali's examination, the Public Prosecutor stated to the court that the forensic examiner found no evidence of torture.  

After one of his visits with Ali, Mohamed informed the SIU that clothes he took from his brother at the Criminal Investigative Directorate (CID) had bloodstains on them. The SIU summoned Mohamed for questioning, which he reported was routine in nature. The authorities continue to postpone Ali's appointments with the medical specialists, and he has since missed three appointments. This delaying tactic has been previously documented by ADHRB, BIRD, and BCHRAmnesty International and Human Rights Watch as a way for the SIU to report that an investigation has been opened to satisfy the courts.

Mohamed describes Ali as an apolitical person and suspects that the government is prosecuting him in retaliation against Mohamed’s own human rights work. Though Ali’s family has filed a complaints on his case with the Bahrain National Institute for Human Rights (NIHR), the Ministry of Interior’s Office of the Ombudsman, and the SIU, they worry that the complaint process will be a futile exercise at best. At worst, they fear that the authorities may exploit the mechanism’s lack of independence as a means for further reprisal. ADHRB, BIRD, and BCHR have found that several victims have been targeted for additional torture in retaliation for filing complaints with the Ombudsman, for example. If the government is actively targeting Ali as a reprisal against Mohamed, he and his family may be at risk of further abuse simply for submitting a complaint.

Abdulhadi Mushaima is the father of Ali Mushaima, a 21-year-old Bahraini citizen who was shot and killed by security forces on 14 February 2011. Ali was the first demonstrator to be killed during the pro-democracy protests that began in 2011.

Since the death of his son, Abdulhadi has faced repeated harassment by the authorities. On 22 August 2013, security forces raided his home without warrant or permission. They arrested Abdulhadi without providing any reasons and held him in custody for a week before his eventual release on 29 August.

Almost a year later, on 9 May 2014, Abdulhadi received a summons to appear at the Criminal Investigation Department (CID) on 12 May. When Abdulhadi arrived, the authorities ordered him to refrain from participating in any demonstrations, specifically those calling for government accountability for Ali’s death. The officials demanded that Abdulhadi sign a pledge stating that he would never take part in any marches or demonstrations again.

Makky Abu Taki is the manager of a real estate company and the father of Mahmoud Abu Taki, a 22-year-old student who was shot and killed by Bahraini authorities on 17 February 2011 when security forces stormed the Pearl Roundabout.

Like Abdulhadi Mushaima, Makky experienced persistent government harassment after the loss of his son. On 26 November 2013, security officials summoned Makky to the Al-Naim police station and arrested him. The next day, authorities took him to the Public Prosecutor’s office for interrogation. When the prosecutor finished with his questions, he charged Makky with unlawful assembly and inciting hatred against the government, ordering his detention at Dry Dock (Al-Howdh Al-Jaaf) Prison pending further investigation.

While in custody, security officials severely mistreated Makky. In a phone call to his family, Makky said that prison guards regularly beat and humiliated him. Makky’s family reportsthat the Dry Dock administration infringed on their visitation rights, consistently preventing them from seeing Makky without providing any justification. The government held Makky for nearly a year, until 9 January 2014, when he was released.

Four months after his release, Makky received the same summons as Abdulhadi Mushaima, requiring him to appear at the CID office on 12 May. There, he faced the same harassment: the authorities told him that he could no longer participate in any marches or protests – particularly those related to his son’s killing or the current political situation – and forced him to sign a corresponding pledge. 

Read this in French. 

4 Jan, 2016

Human Rights Watch: Bahrain: Travel Ban on Rights Activist

(Beirut) – An arbitrary travel ban is preventing a prominent rights activist from leaving Bahrain. The ban against Nabeel Rajab is based on charges that violate his right to free expression. Prosecutors should immediately drop the charges and lift the travel ban. 

Activist Nabeel Rajab has played a key role in condemning human rights abuses in Bahrain.

Rajab’s lawyers told Human Rights Watch that because prosecutors have not formally closed the investigation into these charges, Rajab could be arrested at any time and face a criminal trial. Rajab’s lawyers have filed appeals to the travel ban with the investigating prosecutor on September 2, 2015, the attorney general on September 16, and the office of the Public Prosecution on October 1. After receiving no responses, the lawyers submitted a second appeal to the attorney general on December 3.

“Nabeel Rajab is not at liberty to speak his mind or to leave the country,” said Joe Stork, deputy Middle East and North Africa director. “This travel ban against Rajab is just the latest unlawful effort by Bahrain’s government to keep a critic quiet.”

A public prosecutor imposed the travel ban on Rajab on July 13, the day Bahrain’s King Hamad-Bin-Isa-Al-Khalifa pardoned and released him for “offending national institutions” by criticizing the government on social media. The travel ban is based on two speech-related charges that led to his arrest on April 2, which prosecutors have not dropped.

One of the outstanding charges is for insulting a statutory body, under article 216 of Bahrain’s penal code, based on his social media comments about the alleged torture of detainees in Jaw Prison. The second accuses him of “disseminating false rumours in times of war,” under article 133, based on social media posts criticizing Saudi-led coalition air strikes in Yemen. Violations of articles 133 and 216 carry maximum sentences of 10 and three years in prison, respectively.

Rajab posted numerous tweets about the violence in Jaw Prison. On March 17, Rajab tweeted that he had met with a recently released inmate. The photographs accompanying the tweet “will tell you how they were treated,” he wrote. They show abrasions and contusions on the man’s back and injuries to his right arm.

In the weeks before his arrest, Rajab also posted numerous tweets purporting to show the effect of Saudi Arabian air-strikes in Yemen. On March 26, the Interior Ministry cautioned against criticism of the government’s decision to send eight fighter jets to take part in air-strikes in Yemen as part of a Saudi Arabia-led, US-backed coalition against Houthi forces. It warned against “any attempt to exploit the situation through division or sedition, or issuance of statements against the approach Bahrain has taken.” The ministry “would take appropriate steps against individuals that put the safety and security of the country at risk,” the statement said.

The United Nations Human Rights Committee, the body of independent experts that monitors state compliance with the International Covenant on Civil and Political Rights, which Bahrain has ratified, issued an authoritative interpretation on the scope of the right to freedom of expression and opinion. In its General Comment 34, the committee stated that, “In circumstances of public debate concerning public figures in the political domain and public institutions, the value placed by the Covenant upon uninhibited expression is particularly high.” It also stated that “states parties should not prohibit criticism of institutions, such as the army or the administration.”

Article 12(3) of the covenant states that the right of any person to leave their country, provided for in article 12(2), can be restricted to protect “national security, public order (ordre public), public health or morals or the rights and freedoms of others,” or if the restriction is “consistent with the other rights recognized in the present Covenant.” Given that the charges on which the travel ban is based manifestly violate Rajab’s right to free expression under article 19 of the convention, the travel ban violates his right to free movement, and Bahraini authorities should lift it immediately, Human Rights Watch said.

Rajab is a member of the Human Rights Watch Middle East and North Africa advisory committee.

Read this report in French. 

 

31 Dec, 2015

Further Harassment of Human Rights and Political Activists

Today, 31 December 2015, Bahraini authorities summoned five prominent activists for interrogation over speeches they delivered at an event for solidarity with detained opposition leader Sheikh Ali Salman. The Bahrain Center for Human Rights (BCHR), Americans for Democracy & Human Rights in Bahrain (ADHRB), and the Bahrain Institute for Rights and Democracy (BIRD) condemn the Bahraini government’s continued targeting of human rights defenders and political opposition leaders.

On 26 December 2015, human rights defender Sheikh Maytham al-Salman, Al-Wefaq political society leaders Khalil Marzooq, Sayed Jameel Khadem and Sayed Mohammed al-Ghuraifi, and Wa’ad political society Secretary-General Radhi al-Mosawi delivered speeches at a public event at Al-Wefaq headquarters. The event was held in solidarity with Al-Wefaq’s detained Secretary-General, Sheikh Ali Salman. Following the event, government loyalists called for the prosecution of those activists for insulting the king. On New Year’s Eve, security forces summoned the four political opposition leaders and the human rights defender for interrogation at the General Directorate of Criminal Investigations (CID). According to their lawyers, Khalil Marzooq and Sayed Mohammed al-Ghuraifi were taken to the public prosecution over charges of inciting hatred against the regime.

This is not the first time that these activists have faced harassment by Bahraini authorities. Sheikh Maytham al-Salman, who is known for his human rights work in relation to religious freedom and anti-extremism, was arrested earlier this year from the Bahrain airport. He was transported to the CID, where government agents interrogated him for hours regarding remarks in which he expressed concern over the government’s use of collective punishment. He was later accused of inciting hatred against the regime. Sayed Jameel Kadhem was arrested, detained and sentenced to months in prison over a tweet critical of the government. Similarly, Khalil Marzooq was arrested and charged with inciting hatred and incitement to overthrow the regime over a speech he delivered at an al-Wefaq meeting.

Bahraini authorities have recently escalated their crackdown on opposition political societies. The General-Secretaries of three opposition political societies are in detention, including Sheikh Ali Salman, who is serving a sentence of four years in prison; Fadhel Abbas, who was recently sentenced to five years in prison; and Ebrahim Sherif, who was re-arrested shortly after completing a five-year prison sentence on political grounds. Over the past year, many members of opposition societies were summoned and interrogated over charges related to the exercise of free expression and opinion over social media or at public events.

Bahraini authorities have intensified their targeting of free expression and have applied further restrictions to the work of political societies in Bahrain by either prosecuting activists and members of these societies or by passing additional restrictive laws. BCHR is concerned over this serious deterioration of the human rights situation in Bahrain, as well as the country’s total disregard for the international community's calls to implement real reform.

 

Based on the above, BCHR, ADHRB, and BIRD call on Bahrain’s allies and international organizations to put pressure on the Bahraini government to do the following:

  • Put a stop to all forms of restrictions that threaten freedom of expression and opinion in Bahrain; and
  • Guarantee respect for human rights and basic freedoms according to international standards for human rights.

 

31 Dec, 2015

Bahraini Authorities Arbitrarily Arrest Journalist Mahmood al-Jazeeri

On Monday, Bahraini security forces arbitrarily arrested journalist Mahmood al-Jazeeri, increasing the number of journalists, photographers, bloggers and internet activists under arrest in Bahrain to more than twenty. The Bahrain Center for Human Rights (BCHR), Americans for Democracy & Human Rights in Bahrain (ADHRB), and the Bahrain Institute for Rights and Democracy (BIRD) expresses its grave concern over the authorities’ ongoing policy of targeting free media and journalists.

On Monday, 28 December 2015 at approximately 1:00 A.M., security forces raided the house of journalist Al-Jazeeri’s in-laws. They proceeded to Al-Jazeeri’s nearby apartment, where they confiscated his laptop and mobile phone and arrested him. The security forces did not present a legal warrant to arrest Al-Jazeeri, nor did they inform him or his family of the cause of his arrest. Since his arrest, Al-Jazeeri was able to make one short call to his family to tell them that he was being detained at the General Directorate of Criminal Investigations. Al-Jazeeri’s lawyer stated that he has not been taken to the public prosecution.

Al-Jazeeri works as a journalist with Al-Wasat Newspaper, the only independent newspaper in the country, for which he reports on the activities of the Bahraini Parliament and Shura Council. Al-Jazeeri is well-known for his articles about political detainees and his coverage of discussions in the Shura Council and Parliament. His latest report, in which he covered one of the Shura Council’s member’s demand to remove the housing unit of those who have had their citizenship revoked by the authorities, was considered politically sensitive. The list includes human rights defenders, opposition political activists, and peaceful protesters, all of whom were convicted based on confessions extracted under torture in what BCHR, ADHRB, and BIRD consider to be politically-motivated cases.

The Bahraini authorities have detained dozens of journalists, photojournalists, and bloggers on charges related to the exercise of free expression since 2011. BCHR has reported over the last several years on escalating restrictions, and the implementation of broader and harsher laws to further crackdown on free speech and media. (Read more: http://bahrainrights.org/en/node/7645)

BCHR, ADHRB, and BIRD are concerned that the arrest of Al-Jazeeri is part of the Bahraini authorities’ targeting of journalists free media. The journalist’s arrest is in direct violation of international legal standards, including the right not to be deprived arbitrarily of liberty set forth in the International Covenant on Civil and Political Rights (ICCPR). Article 9 of the ICCPR states that “anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him;” Article 17 continues by stating that “No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.”

 

Based on the above, BCHR, ADHRB, and BIRD call on Bahrain’s allies and international organizations to put pressure on the Bahraini government to do the following:

  • Respect Mahmood Al-Jazeeri’s right to due process, including by immediately informing him of the reasons for his arrest and providing him access to legal counsel;

  • Immediately end all forms of restrictions that threaten freedom of expression and opinion in Bahrain; and

  • Guarantee respect for human rights and basic freedoms according to international standards for human rights.
22 Dec, 2015

Bahraini Authorities Introduce Additional Oppressive Laws

Since the 2011 uprising, the Government of Bahrain has introduced laws granting authorities the ability to further prosecute and suppress peaceful opposition. In the past several weeks, the Bahraini Parliament and Shura Council approved amendments to Bahrain’s anti-terrorism law, “Protecting Society from Terrorism Acts” and the Political Societies law. The Bahrain Center for Human Rights (BCHR), Americans for Democracy & Human Rights in Bahrain (ADHRB), and the Bahrain Institute for Rights and Democracy (BIRD) are gravely concerned by these new amendments, which could grant authorities additional powers to suppress peaceful dissent in Bahrain.

On 1 December 2015, the Bahraini Parliament approved amendments to several articles of Bahrain's Anti-Terrorism law, which has been widely criticized by the international community for its vagueness, overreach, and failure to comply with international human rights standards. The government has thus far employed the law to restrict basic freedoms. 

The new law gives judicial officers additional powers that exceed those of the public prosecution. Not only can detainees be held up to 28 days without charge, but they are also handed over to the Terrorist Crimes Prosecutor at the end of the detention period, who is entitled to extend the detention up to another six months. This provision allows the Bahraini authorities to imprison a person without trial for close to 7 months, thereby the right to a speedy and fair trial.  

The law additionally extends sentencing guidelines for most crimes related to the to a minimum of seven years and a maximum of life imprisonment. Combined with the frequency with which the government engages in unfair trial and sentencing, which BCHR records as occurring often, the new law further endangers the freedom of peaceful dissenters, human rights defenders, and opposition political leaders.

Moreover, under article 27 of the anti-terrorism law, the practice of collective punishment is legalized; security forces are fully entitled to "search individuals, stop and search vehicles, restrict the right of movement of vehicles, public transport or pedestrians, cut communications and messages sent from the scene of the crime and sites where anti-terror operations are taking place, for a period of up to 12 hours."

Based on cases documented by BCHR, individuals arrested under the Anti-Terrorism law have reported being subjected to torture and being prevented from their rights to due process and fair trial.

In a further attempt to restrict the work of political societies and limit the Bahraini people’s freedom of expression, on 6 December 2015, Bahrain’s Shura Council approved amendments to several articles of law 26 of 2005 concerning political societies. The new amendments prevent clerics who are members of political societies from delivering religious speeches or preaching. This restriction directly violates the International Covenant on Civil and Political Rights, which guarantees in Article 19 the right to free expression for all, and in Article 26 prohibits discrimination on religious grounds. These proposed amendments are now being discussed by the lower parliament.

On the other hand, Bahrain’s Parliament hasn’t reached an agreement on acceding on Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Many members of parliament objected to this decision by trying to justify that it is in violation of Islamic Law (Sharia).

Despite its claims to be implementing reforms, the Government of Bahrain has used its local laws to further suppress dissent, increased the powers and authority of the security forces beyond reasonable scope, and passed broad and vague laws to be used against the opposition. Through its legislative process, the Government of Bahrain is legalizing human rights abuse.

Based on the above, BCHR, ADHRB, and BIRD call upon the United Kingdom, the United States, the European Union and all other close allies to the Kingdom of Bahrain to urge Bahraini authorities to:

  • Revise anti-terrorism legislation to bring it in line with international human rights standards;
  • Uphold the rights of all persons to a fair and impartial trial and to the presumption of innocence during all court proceedings; and
  • Release all political prisoners who have been subjected to unfair trials and submit all terrorism cases to independent judicial review.

Text of Anti-Terrorism Law Amendments

Article 8:

A life sentence, or a prison term of no less than 7 years, for any individual found to have trained another person or multiple persons in the manufacture or use of weapons, explosives or other similar material, or who is found to have trained another in activities used to prepare for or facilitate their use, with the aim of committing terrorist crimes. 

Any individual who is found to have received training in the manufacture or use of weapons, explosives or other similar material, or to have received training in activities used to prepare for or facilitate their use in a terrorist crime, shall be ordered to serve a prison sentence of no less than 5 years.

The same sentence stipulated in the foregoing paragraph will also fall on any individual who fights abroad or Commits acts of mass violence not directed against the kingdom of Bahrain, or who participates in these actions in any way.

Article 15:

It is an offence punishable by prison to attack any person implementing this law with force, violence or threats while he tries to carry out his duty or because of it. Any individual who unintentionally causes actual bodily harm another in this fashion shall be given a sentence of no less than 7 years in prison. The same sentence is applied to anyone who bears a weapon or who abducts or detains an official implementing this law, or who does the same to the spouse, dependent or relative of an official, up to the fourth level of relation. The sentence may not be less than 10 years in prison where an individual has intentionally caused actual bodily harm, and where an attack unintentionally or intentionally resulted in death, a life sentence must be applied. 

Article 26:

A new prosecution unit is hereby established, to be known as the 'Terrorist Crimes Prosecutor', whose members are appointed by royal decree based on a request by the prosecutor general. The unit is tasked with investigating crimes of terrorism as defined by the present law. The unit has the right while investigating these crimes to issue a detention order from its lawyer or the individual fulfilling that position for an individual for a period or consecutive periods totaling no more than 6 months.

Article 27:

The judicial officer has the right, providing that there is sufficient evidence to charge an individual with one of the crimes stipulated in this law, to detain the suspect for no longer than 28 days.

The judicial officer is obliged to give a fair hearing to the detained suspect and transfer him to the Terrorist Crimes Prosecutor at the end of the period referred to in the preceding paragraph.

The Terrorist Crimes Prosecutor must interrogate the suspect within 3 days, and must either apply to detain the suspect for a further period or release him.

Pursuant to this article, the national organization for human rights judged that the amount of time that the law allowed the judicial officer does not comply with the judgements of Article 9 of the International Covenant on Civil and Political Rights, in addition to relevant international standards. It was decided that this amendment represented a violation of human rights as they concern the right to freedom, personal safety and a fair trial.

Article 2 (new):

The judgements of this law apply to all citizens and to all foreigners who commit, outside Bahrain, an act that makes him either the main author of or a partner in one of the crimes stipulated by the law.

Article 27 (new):

The judicial officer, should a terrorist crime occur or providing there is sufficient evidence that one might occur, has the right to do the following in the area surrounding the crime: search individuals, stop and search vehicles, restrict the right of movement of vehicles, public transport or pedestrians, cut communications and messages sent from the scene of the crime and sites where anti-terror operations are taking place, for a period of up to 12 hours. The officer may also prevent any person about whom there is strong evidence linking them to involvement in terrorist activity from entering areas or specific places for stated times or days. 

20 Dec, 2015

Bahrain: Human rights defender Mohammed Al-Maskati faces prison if his sentence is upheld in December; NGOs call for his sentence to be overturned

Outspoken Bahraini human rights defender Mohammed Al-Maskati faces six months in prison if an appeals court upholds a sentence handed down one year ago for his human rights activities. The undersigned organisations call for the verdict to be overturned when his case is heard by the Court of Appeals on 22 December 2015, and call for an end to the more than three years of judicial harassment of Al-Maskati.

Al-Maskati is the founder and former president of the Bahrain Youth Society for Human Rights (BYSHR) who is currently a digital security consultant at Front Line Defenders. On 31 December 2014, the Lower Criminal Court in Bahrain sentenced him to six months in prison but he remained free on bail of 100 BHD until the appeal.

On 16 October 2012, Al-Maskati was first summoned for interrogation at Al-Naem police station. He was then arrested and brought the following day before the public prosecution on charges of allegedly “rioting and participating in an illegal gathering.” The charges were in reference to a Friday protest in Manama (on 12 October 2012) entitled “Self-determination”. He was released the following day after interrogation, and brought to trial in June 2013. For more on his case, see: https://www.frontlinedefenders.org/MohammedAl-Maskati

Al-Maskati has been active in documenting and reporting violations committed by the Bahraini authorities in recent years. A few weeks before his arrest in October 2012, he had participated in side events at the United Nations Human Rights Council (HRC) in Geneva. The undersigned organisations call on the UN and its member states to take action to protect Al-Maskati and all human rights defenders who participate in UN events.

The organisations are gravely concerned that the sentencing of Mohammed Al-Maskati is part of an on-going trend of politically-motivated charges being used against human rights defenders and activists in Bahrain in an effort to stop them from carrying out their legitimate human rights work.

Please add your voice on twitter using the hashtag #DropAlMaskatiCharges and join the call for the Bahraini authorities to end the judicial harassment of Mohammed Al-Maskati and other human rights defenders, for the sentence against him to be overturned, and to refrain from exploiting the judicial system for political purposes. 

 

Signed,

Americans for Democracy and Human Rights in Bahrain (ADHRB)
Arabic Network for Human Rights Information (ANHRI)
Bahrain Center for Human Rights (BCHR)
Bahrain Institute for Rights and Democracy (BIRD)
Bahrain Youth Society for Human Rights (BYSHR)
Cairo Institute for Human Rights Studies (CIHRS)
FIDH, within the Observatory for the Protection of Human Rights Defenders
Front Line Defenders
Gulf Centre for Human Rights (GCHR)
International Service for Human Rights (ISHR)
Maharat Foundation
Social Media Exchange (SMEX)
World Organisation Against Torture (OMCT), within the Observatory for the Protection of Human Rights Defenders

Web Conference: Bahrain, Between the Obligation and Implementation: 4 Years since UPR Recomendations

25 Nov, 2015

An Appeal from Human Rights organizations to drop the death sentences based on confessions extracted under torture

Human Rights Organizations(Bahrain Forum for Human Rights;European Bahraini Organizations for Human Rights;Salam for Democracy and Human Rights; Justice Human Rights Organization;  Lualua Center for Human Rights ;Bahrain Youth Society for Human Rights;Bahrain Center for Human Rights; Bahrain Human Rights Observatory; exprress a great  concern regarding  the support of the death penalty sentence of  two young men whom were exposed  to a brutally tortured to extract a confession of having committed the murder of a policeman in the Dar village near the Bahrain International Airport area.

The Court of Cassation  had issued on November 16, 2015 its decision to uphold the death sentence against both: Mr. Mohamed Ramadan, and Mr. Hussein Ali Moussa, on the basis of evidence extracted under torture, and from the judicial institution that has been criticized international from human rights organizations for not implementing any radical reforms which will lead to their autonomy and an end to the  impunity policy, as well as the rest of the violations against the terms of a fair trial.

These provisions come at a time when authorities did not allow until now the Special Rapporteur of the UN / special Rapporteur on torture, "Mr.Juan Méndez" to visit Bahrain in addition to the rapporteurs and the non-implementation of the Bassiouni recommendations, especially those related to the torture, which supports the views of activists and human rights in that power of abuse use of the judiciary as a tool to persecute dissidents and reprisals against them.

This harsh sentence against two of the prisoners of conscience and five citizens are still waiting for the final decision to the Court of Cassation, in addition to all unfair trials held against hundreds of all citizens reflect a fundamental flaw in the judicial system in Bahrain and penalizing those who exercise their right to express opinion.

Based on the foregoing, the organizations signing this statement calls for the following:

- Drop the death sentences immediately
- Release of all detainees who have been detained because of their opinions or because of the political situation in the country
- Hold everyone and those responsible for torture.

The undersigned organizations also called on international human rights organizations to put pressure on the government of Bahrain in order to immediately cease all violations and full commitment to the UN Bill of Human Rights and implementation of the above demands and begin to implement the recommendations of the Independent Fact-Finding Commission and the recommendations of the Human Rights Council.

Read this statement in French

25 Nov, 2015

NGOs Condemn Imprisonment and Nationality Revocation of Photographer Sayed Ahmed al-Mousawi

25 November 2015 – Award-winning photographer Sayed Ahmed al-Mousawi was sentenced on Monday to 10 years in prison and had his nationality revoked, along with 12 others, after covering a series of demonstrations in early 2014. Security forces detained Al-Mousawi for over a year without trial or official charges, accused him of being a part of a terrorist cell and subjected him to torture. The undersigned NGOs condemn the government’s continued attacks on independent journalism, policy of media censorship and severe restrictions on freedom of expression in Bahrain.

Sayed Ahmed al-Mousawi, a winner of 127 international photography awards, has been incarcerated since his arrest on 10 February 2014, when security forces raided his home in Duraz village. According to al-Mousawi’s father, a group of plainclothes masked policemen arrested Sayed Ahmed and his brother. The police provided no arrest warrant and confiscated al-Mousawi’s cameras and electronic devices. Al-Mousawi alleges that he was tortured during his detention and interrogation.

Al-Mousawi’s torture follows a pattern of abuse Human Rights Watch documented in a new report released on 24 November on the ongoing use of torture in Bahraini police detention and prison. Police disappeared and tortured al-Mousawi for five days, subjecting him to severe beatings on his genitals, electrocution and hanging from a door. For the duration of his disappearance, he was stripped naked and forced to stand for long periods of time. Officers did not allow a lawyer to accompany al-Mousawi when they transferred him to the Public Prosecutor. Courts renewed al-Mousawi’s pre-trial detention six times, and he spent over a year in prison without formal charges.

“Sayed al-Mousawi’s torture took place at a time when the UK has been increasing its spending on a ‘reform programme’ for Bahrain to bolster its institutions,” said Sayed Ahmed Alwadaei, Director of Advocacy at BIRD. “It is becoming increasingly clear that this programme has failed. Torture is still systematic and unrelenting and the government has broken all promises of reform.”

During his extended detention, al-Mousawi continued to win international awards for his photography. In spite of this, the government accused him of giving SIM cards to “terrorist” demonstrators and taking photos of anti-government protests. As a result, Bahrain tried al-Mousawi under Bahrain’s vague anti-terrorism legislation. A judge later accused him and his brother of membership in a terrorist cell, which al-Mousawi continues to deny.

“Al-Mousawi’s case exposes Bahrain’s continued misapplication of its counterterrorism law to hide evidence of its human rights abuses,” said Husain Abdulla the Executive Director of ADHRB. “Taking photos of peaceful protestors is not a crime and Bahrain’s overreaction shows just how fearful the Bahraini government is of its own people.”

Bahrain’s continued arrest of journalists and photographers, who expose human rights violations, reflects a systematic campaign by the authorities to quell freedom of expression and the press. Bahrain is ranked 163 out of 180 in the 2015 World Press Freedom Index according to Reporters Without Borders. Last year, a Bahraini court also convicted another renowned photojournalist, Ahmed al-Humaidan to 10 years in prison under similar charges. Bahrain has revoked the citizenship of more than 130 individuals since 2012.

"Yet again the Bahraini government has wielded citizenship as a weapon of censorship against journalists," said CPJ's Middle East and North Africa program coordinator, Sherif Mansour. "We call on the Bahraini judiciary to overturn this disturbing sentence, recognize al-Mousawi's citizenship, and free him immediately."

We, the undersigned NGOs, call for the immediate release of Sayed Ahmed al-Mousawi, and on Bahrain to end the criminalization of free speech and press. We also call on the UK government to suspend its spending on technical assistance to Bahrain, and on the US government to reinstate the ban on arms sales to the country, until systematic torture has been eradicated and restrictions on the enjoyment of internationally-codified human rights are lifted

Sincerely,

Americans for Democracy & Human Rights in Bahrain (ADHRB)

Bahrain Center for Human Rights (BCHR)

Bahrain Institute for Rights and Democracy (BIRD)

Committee to Protect Journalists (CPJ)

Index on Censorship