CIHRS documents acts of reprisals carried out against defenders from the Gulf region for cooperating with the UN
12 March 2013
Today, 12 March 2013, the Cairo Institute for Human Rights Studies (CIHRS) released a report entitled “Cut off from the World: Systematic Reprisals against Human Rights Defenders in the Gulf Region for Engaging with the United Nations” documenting attacks and acts of intimidation and defamation carried out by the governments of Bahrain, the United Arab Emirates (UAE), Saudi Arabia, and Oman against human rights defenders for their cooperation with United Nations human rights mechanisms throughout the last two years, particularly during the 21st session of the United Nations Human Rights Council (HRC) in September 2012.
The report provides an overview of the existing repressive laws in those countries that criminalize work in the field of human rights, including engagement with international human rights mechanisms. It also documents cases of reprisals and physical attack against Ahmed Mansoor, a well known rights activist and blogger in the UAE and a member of the Human Rights Watch MENA advisory committee, as well as the government affiliated media smear campaign against him and other regional and international NGOs for their participation at the proceedings of the 21st session of the HRC. In this context, it is important to note that on 4 March 2013, the trial of 94 activists commenced in the UAE before the Federal Supreme Court– almost one year since the crackdown on and arrest of activists started amid several concerns that the detainees were subjected to alleged torture and other forms of ill-treatment while held in undisclosed locations in arbitrary detention. The defendants face charges of committing crimes against national security and attempting to overthrow the ruling regime.
CIHRS believe that the acts mentioned in this report indicate a systematic retributive campaign to impede the works of human rights defenders in the Arab Gulf region and prevent the UN Human Rights Council from accessing independent accounts of on-ground human rights situation in these respective countries.
We view, with equal worry, the particular rise in aggression by government controlled media outlets in a number of Gulf monarchies, especially Bahrain and the UAE, whereby government affiliated writers and media establishments are used as tools to foster an environment of animosity against the working civil society in the country and reputable independent regional and international human rights organizations working to document cases of human rights violations within those countries.
We further believe that the current escalation to the crackdown against the defenders stems from the lack of accountability with regards to the majority of previously reported cases of reprisals, as mentioned by the UN High Commissioner for Human Rights during a panel discussing the same topic at the human rights council’s 21st session.
The report further shed light on a similar smear campaign which targeted almost all of Bahrain’s civil society delegation as well as a number of the regional and international NGOs participating at the session. This was in addition to the death threats and legal harassment against human rights defender Mohamed Al Maskati, President of the Bahrain Youth Society for Human Rights, and legal charges against Said Yousif Al-Muhafdha, Head of the Monitoring Unit and Vice President of the Bahrain Center for Human Rights, for their participation at the UN session. The report also highlights Bahrain’s record of previous reprisals against activists who engage with the UN rights mechanisms.
In Oman, a crackdown against most of the activist community in the Sultanate was initiated in the end of May 2012 and has currently resulted in prison sentences varying from 6 to 18 months against 35 activists and defenders on charges such as illegal gathering, defaming the Sultan, and violating the Cyber crimes law. Among the activists imprisoned is Mukhtar Al Hinaei, founding member of the Omani Group for Human Rights, a well known activist, blogger and journalist, who was initially targeted and questioned for his involvement with international human rights organizations and mechanisms, including providing information to the UN Special Procedures in May 2012.
On 9 March 2013, the Riyadh Criminal Court sentenced Dr. Mohammad Fahad Al-Qahtani, one of the most prominent rights advocates in Saudi Arabia and co-founder of Association for Civil and Political Rights in Saudi Arabia (ACPRA), to 10 years in prison in addition to ordering another 10 year travel ban against him. Among the charges leveled against him is using ‘false’ facts and information “as evidence to official international apparatuses (the mechanisms of the Human Rights Council of the United Nations).” This is in addition to using charges like “cooperating with international entities and organizations” to imprison and bring legal charges against other activists.
These acts of reprisals, some occurring inside the premises of the UN, should be immediately and seriously examined by the Human Rights Council, other relevant UN bodies, and UN member states with the view of ensuring non-reoccurrence and full protection for the human rights defenders involved. CIHRS asks that the Council, its Bureau and the Office of the President, take strong and concrete steps against governments who continue to target activists and NGOs for cooperating with its mechanisms. Indeed, committing a pattern of such acts should automatically trigger reconsideration of a state’s membership within the UN Human Rights Council, and strongly inform future elections for membership to the body. Additionally, such acts should serve as strong signals for the pressing need to reconsider the criteria for membership of states at the Council.
After a year-long show trial: no one is found guilty for killing blogger under torture in police custody
Photo: Torture marks on body of blogger Zakariya Al-Asheeri
13 Mar 2013
Bahrain Center for Human Rights express its grave concern over the prevailing culture of impunity as the Bahraini court acquits all accused in the torture to death of blogger Zakariya Al-Asheeri in the police custody after a show trial that lasted over one year. On the 12th of March 2013 the first higher criminal court acquitted 5 policemen charged of a beating that lead to the death of blogger Zakariya Rashid Hassan Al Asheeri (40 years old) held under police custody in April 2011. Two of the five men are accused of beating Al Asheeri, causing injuries leading to his death, while the other three are charged with failure to report the crime. All five were cleared from the charges related to Asheeri although two of them were convicted for beating to death another detainee, Ali Saqer.
Zakariya AlAsheri, moderator of www.dair.net online forum was arrested on the 2nd of April 2011 on charges of inciting hatred, publishing false news, promoting sectarianism and calling for the overthrow of the regime via e-forums. He was announced dead in custody 8 days later on the 9th of April 2011. His body was handed to his family covered with marks of torture. At that time the government of Bahrain refused all reports of torture and alleged that he had died of sickle cell anaemia complications.
The same five policemen were also accused in the beating that led to the death of another detainee, Ali Saqer. The court has found two of them guilty in the death of Saqer and has sentenced them to 10 years in prison. They have not attended the ruling hearing and were not detained.
Ali Saqer, turned himself in to the police on the 5th of April 2011 after several threats to his family. Four days later he was announced dead by the Ministry of Interior. The Ministry of Interior released a statement claiming that "the suspect created chaos at the detention centre, prompting the security forces to interfere to bring the situation under control, but he resisted them sustaining injuries in the process. He was taken to the hospital and later died." The Minster of Human Rights herself alleged that detainees died of natural causes at a press conference and accused activists of fabricating photos of the torture marks. When Nabeel Rajab, president of BCHR published photos showing the torture marks on the body of Saqer, he was accused with fabricating photos and was summoned to military prosecution.
Both the deaths of Al Asheeri and Saqer were documented and confirmed as attributed to torture in the BICI report. (find details below)
The trial started more than one year ago on the 11th of January 2012. The accused policemen were not detained and have attended some sessions in their uniforms, which indicate that they were still on duty and are not considered a threat to the rest of detainees.
The culture of impunity that is supported by all governmental entities, especially the Ministry of Interior and the Ministry of Justice, has encouraged MOI officers to continue violating the rights of citizens in Bahrain with violence facing no consequences. Bahrain Center for Human Rights demands the regime in Bahrain to put measures in place to hold the officers and the head of MOI responsible for the extra-judicial killings accountable for their crimes according to the law and urges the international community to hold Bahrain’s regime accountable for the severe violations of human rights.
Bahrain Center for Human Rights strongly demands:
1. To end the policy of impunity of those in government and those in power who are responsible for the failure to take serious steps to investigate or to convict a single official or security officer for the grave abuses that have taken place. 2. To put on trial all ministers responsible for torture, and/or having authorised and condoned human rights abuses. This includes the Minister of Interior, the head of the National Security Apparatus and the Minister of Social Development. 3. That the government of Bahrain signs the Optional Protocol of the Convention Against Torture (OPCAT) in order to strengthen legal accountability for torturers.
Details on death of AlAshiri and Saqer as documented in the BICI report (excerpts):
Zakariya AlAshiri (Case No. 24):
“The death certificate states that the cause of death was severe heart failure and cessation of breathing following complications from sickle cell anaemia.
A forensic report confirmed the cause of death and concluded that the deceased had large bruises on his back and thighs and smaller bruises on his face and hands. (..) The deceased was allegedly tortured at the CID. On 9 April 2011, he was transferred to Dry Dock Detention Centre. He was subjected to torture between 6 and 9 April 2011, and died from torture in Room Number 1.”
“The Commission also received a statement from a witness who was detained in the same cell as the deceased. The witness stated that all the detainees in the same cell were blindfolded and handcuffed, and forced to lie on their stomachs. On one of the mornings, the deceased began to experience hallucinations or confusion, whereby he began banging on the door shouting his name. The prison guards shouted at him to be quiet and when he did not comply, they entered his cell. The witness heard the deceased being beaten and he heard him scream after each beating. The witness then heard a shuffling noise after which the deceased‘s shouts became muffled. The witness then heard a Pakistani say in Urdu, ―He is dead.‖
The death of Mr Asheri is attributed to torture at the Dry Dock Detention Centre.”
Ali Isa Ibrahim Saqer (Case No. 23)
“The death certificate states that the cause of death was hypovolemic shock resulting from several traumas.
A forensic report confirmed the cause of death and concluded that the deceased had dark red bruises across the body but mostly around the back of the hands and right eye. His wrists had red flaking marks because of handcuffing and these marks were of recent origin.
The death of Mr Ali is attributed to torture at the Dry Dock Detention Centre.”
Bahrain: “Haji Majeed” a 63 year-old Peaceful Protestor Sentenced to 4 Months in Prison On Trumped-Up Charges
Photo: Haji Majeed’s arbitrary and humiliating arrest during a peaceful protest in ManamaUpdate 12th March 2013
On 7th March 2013, the lower criminal court sentenced the 63 year old Haji Abdul-Majeed Muhsin to 4 months imprisonment for protesting and an alleged rioting. Since his arrest at a checkpoint on the night of 14th Feb 2013, charges against him have been changing. At first he was stopped on the basis of insulting Hamad the self-acclaimed "king", then at the first hearing in court he was accused of Possession of Molotov Cocktails, Participating in an illegal protest and Disturbing Public Security without referring to the charge he was first accused of. The 4 months sentence was for an alleged illegal protest and rioting.
Accoding to Haji Majeed's Lawyer, they were not allowed to present witnesses to testify in favor of Haji Majeed, and the judge announced the verdict quickly.
The complicity between the Minister of Interior and the Ministry of Justice to harass and target activists has become the trend and is evident in many cases.
The first appeal session for Hajji Majeed will be on the 19th of March 2013.
The Bahrain Centre for Human Rights believes that Haji Majeed has been targeted because of the peaceful exercise of his right to freedom of assembly in accordance with the Universal Declaration of Human Rights.
The BCHR also calls for Haji Majeed’s immediate release and all trumped up charges against him to be dropped. These demands naturaly apply to all other detainees who are being held for exercising their right to freedom of assembly.
Bahrain: “Haji Majeed” a 63 year-old Peaceful Protestor, Arbitrary Arrested for the 3rd Time and Facing Trumped-Up Charges
Date: 24th February 2013
According to his family, Haji Majeed has been arrested 3 times:
1. His first arrest was on the 14th of July 2012 during a protest in the village of Karzakan. He was released without any charge on the 16th of July 2012.
2. The second arrest was on the 17th of December 2012 during a peaceful protest in Manama. He was put in jail for 45 days under investigation, and he was released on the 28th day of his detention, on the 15th of January 2013.
According to his family, on this occasion, Haji Majeed was arrested by civilians. He was dragged and taken to an empty place where they turned off their cameras and started to beat him; at one point he was lifted by the neck, which caused him severe pain and an injury that required physiotherapy.
3.
Majeed was told that there is warrant for his arrest him because he is accused of “insulting the King”. He was taken for a 15 days detention, and on the 20th of February 2013, the officers forcefully woke him up in the morning telling him that he has a court session which he had no prior knowledge of. During the court hearing, he discovered that he stands accused on three charges and none of them was the reason he was arrested at the checkpoint. He is accused of:
1. Possession of Molotov Cocktails 2. Participating in an illegal protest 3. Disturb Public Security
Photo: Haji Majeed being treated after being shot with sound bomb in his leg during a protest.The BCHR also calls for Haji Majeed’s immediate release and dropping of all trumped up charges against him and all other detainees who are being held for exercising their right to freedom of assembly.
Read more in the BCHR Anniversary Report: The BCHR Releases Report on Deaths and Detentions to Mark Two Year Anniversary of Protest Movement
International Women's Day: Bahraini Women imprisoned, tortured, killed, stripped from nationality, .. and impunity for abusers
7 Mar 2013
On the International Women's Day, the Bahrain Center for Human Rights expresses its grave concern and condemnation over the continued violations of women's rights in Bahrain. With Bahraini women's important role in the Bahraini uprising, calling for democracy and political reform, they have been violently targeted by the authorities. At least 13 women were victims of extra-juridical killing. Many were detained, tortured and sentenced to years in prison. Today there are several women in prison over politicized and false charges for exercising their rights to freedom of expression, illegal gathering and helping injured. It is important to note that the cases presented in this report are just a sample of hundreds of other cases in regards to arrests, harassment, sackings, beatings and torture of women in Bahrain.
Extra-Judicial Killings
At least 13 women died as a result of authorities’ use of excessive force, teargas and intimidations since Feb 14, 2011. No one has been held accountable for any of these deaths. Teargas is the number one cause of death amongst women, 70% died due to authorities’ excessive use of teargas on a daily basis and the targeting of homes of citizens (Video youtube.com/watch?v=ygp6id7xvk8).
In the last year, 8 deaths were recorded including:
- Khadija Mohammed from Maameer who died on 5 April 2012 after spending 3 months in the Intensive Care Unit - Sakeena Marhoon, in her 70s, suffered from side effects of repeated inhalation of teargas thrown inside her house several times. She was hospitalized several times before her death on 6 March 2012 . - Zahraa Al Hawaj, 69 years old, from Noaim, was exposed to teargas multiple times. Her health deteriorated and she was admitted to hospital Intensive Care Unit. She suffered inflammation of the lungs . Death was on 1 Feb 2012. - Salma Mohsen, 81 years old, died 15 Jan 2012 from suffocation of teargas after it was shot into her home. - Fakhriya Al Sakran, 55 years old, her residential area is regularly attacked with teargas. She was taken to the hospital and admitted at the Intensive Care Unit. Doctors told the family that she died (3 Jan 2012) of shortness of breath, they couldn’t save her life .
Two years after the death of Bahia Al Aradi, 51 year old nurse, who was the first female killed by the authorities, to this day no one has been held accountable for killing her. She was driving on Budaiya road when she went missing on 16 Mar 2011. Her family contacted all hospitals but were unable to find her. They received a call from the authorities informing them that she is at the Bahrain Defense Force hospital on life support. Only her brother was allowed a few minutes visit. On 20 March 2011, Bahiya passed away. The authorities stated in the death certificate that she died of brain injury. The BICI report confirmed that the death was caused by a gunshot from behind from 50 to 75 meters away. However, her case was not even brought to court to hold those responsible accountable.
Arrests, detention and trials
Dozens of women have been arrested and detained in Bahrain. Today several women remain in prison over charges related to freedom of expression and peaceful assembly.
Many of them were brutally arrested and attacked during peaceful protests, including Zahra AlShaikh who has been in detention for over 45 days pending trial after she was arrested from a protest in Manama.
In the last year, the renowned Bahraini activist, Zainab Al Khawaja, was arrested several times for participating in peaceful protests and recently she was arrested on 27 Feb 2013 after she staged a one person protest in front of Hamad bin Salman’s palace and threw 6 eggs at the palace gate, holding a sign saying “you've arrested our fathers & children, even our bodies. Let your palaces hear, we don't fear your prisons”. Zainab was protesting against the culture of impunity and the lack of accountability in the security forces. Zainab was charged with obstructing traffic, damaging property, inciting hatred against the regime, and prejudice to authority. Earlier, the court upheld the sentence of one month imprisonment (8 days already served) against her for entering a restricted area (the Pearl roundabout area) and 3 months on the charge of damaging MOI property (tearing a photo of Hamad bin Salman Al-Khalifa). In the case of insulting a public officer which Zainab was acquitted of all charges, was overturned and she was sentenced to 3 months’ imprisonment . The court has been impartial in the cases against Zainab, her lawyer was not given the chance to present his defense in one of the cases and in another case witnesses and official documents were overlooked by the court. Zainab has already spent around 4 months in prison for other cases and she has another 4 cases active in court against her (full list of cases). Now she is serving 3 months and 22 days according to her lawyer .
Halima Al Sabagh is a dental assistant who was arrested from her workplace in Salmaniya Hospital in 2012 for allegedly taking first-aid medicine to treat injured protesters whose injuries were caused by security forces' use of excessive force. She was detained for 3 weeks pending investigation on the charge of exploitation of her job. On 18 September 2012, she was sentenced to 1 year imprisonment and a BD100 fine. She was arrested on 15 October 2012, while attending her appeal to serve her sentence. She has been imprisoned for more than 5 months on trumped up charges . (More details)
Siddiqa AlBasri, a 25 year old mother of two was arrested from court on the 28th of January 2013 and is currently serving a 6 months prison sentence for allegedly insulting a police officer and disobeying orders, on background of an earlier arrest from a checkpoint during the national safety status in April 2011 when she tried to leave her car and walk away from the checkpoint. The officers pursued her, assaulted and finally arrested her on the charge of disobeying their orders and insulting the security forces for reportedly saying: “I’m from Sitra and I fear only God.”. Al-Basri was never presented with the opportunity to defend herself at any stage of the trial and appeal process. (More details)
On 16 January 2013, Zainab Abduali Taraif (20), an honors university student, was arrested briefly after she stood silently near the financial harbor, holding a banner with her academic results and honor certificates, to protest against her second expulsion from the University of Bahrain. (More details)
The nightly house raids and arrests of women are not over. Munira Sayed Habib - 27 years old - was arrested in a violent way in the early morning hours – 3 am - on Wednesday, 28 November 2012, when her house was raided in Al-Ghuraifa by groups of special security forces backed with armed and masked civilians. She was held until 1 December 2012 for no clear reason before being released without charges. (More details)
Five women were sentenced to six months in detention on 17 January 2013 on the charge of illegal gathering. Being subjected to harassment and fearing dawn house raids, they turned themselves in to serve the unjust prison sentence. The five women are:
- Fatima Al-Naino, 17 years old, is a high school student. She fell behind a year in her studies because of the harassment she has been subjected to. - Khadija Hubail, 16 years old, in her last year of high school. She plans to study medicine, however, her study was greatly effeted and she has fallen a year behind. She fears it will be further effected when it is time to apply for university and she will probably be denied a good conduct certificate which is required by all universities. - Zainab Duhaim, 21 years old, she is engaged to be married and was studying at the university until she was forced to withdraw due to the harassment. - Fatima Al Jishi, 22 years old, a university graduate, she was unable to seek employment or enroll in further education fearing violent arrest at any time. - Aqeela Al-Muqabi, 25 years old, a university graduate who was seeking employment and feared violent arrest everywhere that she went. (More details)
Harassment, dismissal and stripping from nationality
Jalila Al Salman, the vice president of the Bahrain’s Teachers’ Association (BTA), was arrested three times, tortured and detained for 6 months. Recently, she received a letter from the Ministry of Education, where she works, that she has been fired. Despite her case still being at the court of cassation . In addition, she has been targeted by the pro-government media with smear campaigns calling for putting her on trial again on background of her activism at the UN Human Rights Council. Jalila Al Salman was previously sentenced by a military court to 3 years in prison in 2011 which was later reduced on 22 Oct 2012 to six months’ imprisonment, on charges of, among other things, inciting hatred against the regime, calling for a teachers strike, participating and calling for illegal gatherings. The BCHR believes that these are politically motivated charges; linked closely to the role the Teachers Association has played since the beginning of the popular uprising in Bahrain. (More details)
Hundreds of women were subjected to sackings in Bahrain due to their participation in pro-democracy protests.
On 1 March 2013, Ramla Abdulhameed, a journalist, political activist and Al Wefaq political society shura member, was denied entry to Egypt. Her passport was taken and she was held at Cairo International airport for 3 hours. It is believed that the Bahraini authorities are sending a black list of Bahraini activists and journalists to be denied entry.
Also, Reem Khalifa, Associate press office manager in Bahrain, was denied entry to Dubai when she was visiting with her husband. The same incident happened to other human rights activists like Dr. Nada Dhaif, head of BRAVO, who was denied entry to Kuwait and Maryam Al Khawaja, the acting president of the BCHR, who was denied entry to Egypt.
One woman, Mariam Sayed Ibrahim Hussein Redha , is among 31 Bahraini who were stripped from their nationality in Nov 2012 without any prior notice and without judicial process, in contrary to customary international law.
Impunity for the abusers
On October 22, 2012 a Bahraini court acquitted a female police officer from torturing France 24 Correspondent, Ms. Nazeeha Saeed after a series of adjournment that lasted for more than a year. Having reported on pro-democracy demonstrations held at Bahrain’s Pearl Roundabout in the spring of 2011, Ms Saeed was called into a Bahraini police station for questioning May 2011. There, she was blindfolded, kicked, punched, and slapped. Her hair was pulled, she was whipped with plastic tubing, had a shoe forced into her mouth and her head dunked into a toilet. An unknown, caustic liquid said to be urine was poured onto her face, she was repeatedly insulted and mentally abused and asked to make a false confession. Three independent medical reports, two of which were from Bahraini government doctors, corroborate Ms Saeed’s account of the torture she suffered while in custody.
Another example is the case of Dr. Fatima Haji, a 34 year old mother of two boys, a 4 year old and a 4 month old, who is a Internal Medicine Rheumatology specialist. Dr. Fatima was arrested from her home around midnight on the 17th of April 2011. During her detention which lasted 21 days, 3 of them in solitary confinement, Dr Fatima was subjected to different types of torture: slapping on the face, severe beatings, beatings with a rubber hose on the feet, electrocution to the head, sleep deprivation, standing for long hours without food or drinks, prevention from use of toilet, hanging from wrists, threats of execution and rape, threats to kill her child. Dr. Fatima was then sentenced to 5 years imprisonment by a military court on trumped up charges. She was later found innocent, but the Ministry of Health refuses to reinstate her, as she is suspended from work; and she is prohibited from private work. Noura Al-Khalifa, a member of the ruling family, took part in Dr. Fatima's arrest and torture. A case was filed against Noura, then dropped after the first hearing. It is important to note that Dr. Fatima Haji is only one of a large number of female medics subjected to arrests, torture, sackings and/or harassed. (Full testimony on doctorsinchains website)
Women in Bahrain have been victims of countless human rights violations by the authorities. They have been arrested, detained, tortured and harassed. On the International Women’s Day, the BCHR appeals to the international community and women rights’ groups to immediately demand:
1. Hold those responsible in the security forces and government positions accountable for the killings and torture of women 2. Release all female political prisoner and drop all charges against them 3. Investigate torture cases against women 4. Putt an end to the harassment/targeting and defamation campaigns carried out against female activists 5. Abide by international human rights laws to eliminate violence against women
BAHRAIN: Verdict expected on 11 March 2013 for human rights defender Said Yousif Al-Muhafdah
Photo: HRD Said Yousif Muhafdhah holding a poster in a protestPress release - Réseau Avocats Sans Frontières Toulouse, 7 March 2013
Our organizations, ASF Network (Lawyers Without Borders) , the Bahrain Center for Human Rights (BCHR), the Gulf Centre for Human Right (GCHR), and IFEX (the global network defending free expression of which BCHR is a member), express deepest concerns about the situation of human rights defender Said Yousif Al-Muhafdah, Vice-President of the Bahrain Center for Human Rights, and the circumstances of his trial in Manama.
After Said Yousif was arrested on 17 December 2012 on charges of « spreading false information on Twitter», the Court postponed his hearings on several occasions, prolonging his detention. After paying 100BD (198 Euros) Said Yousif was released temporarily on 17 January; all charges, however, remained against him. On 29 January 2013 his case was adjourned until 4 March 2013 for the defence – but a request to bring defense witnesses was rejected. Finally, at the hearing on 4 March 2013, the Court denied the request to hear evidence from the defense witnesses and postponed the case to 11 March 2013 for a verdict. This short notice does not allow international organizations such as ours to engage a lawyer to observe the verdict, nor to receive permission from the authorities to send a lawyer to Bahrain, which requires advance notice.
The successive postponements and the refusal to hear witnesses for the defense represent violations of rights of defense and of the right to a fair trial as provided in Article 14 of the International Covenant on Civil and Political Rights ratified by Bahrain on 20 September 2006.
Due to the inconsistency of the accusations and the violation of the defendant's rights, our organizations call on authorities in Bahrain to cease all legal claims and drop all charges against Said Yousif Al-Muhafdah. We believe he is being prosecuted in an attempt to silence him and prevent him in engaging from his peaceful human rights activities.
Respectfully yours,
ASF Network: Anne Lutun, coordination@asf-network.com, +33 534317850
BCHR: Maryam Al-Khawaja, Acting President, maryam.alkhawaja@gmail.com
GCHR: Khalid Ibrahim, Co-Director, khalid@gc4hr.org tel: +961 70159552
IFEX: Annie Game, Executive Director, campaigns@ifex.org tel: +1 416 515 9622
United Nations: Global Pressure Mounts on Bahrain to End Repression of Democracy Activists
Joint Statement by CIHRS and BCHR
05 Mar 2013
On the 28th February, at the United Nations (UN) Human Rights Council, more than forty governments from every continent in the world delivered a joint declaration raising “serious concern” with ongoing repression and human rights violations in Bahrain, and calling on Bahrain to cooperate with the United Nations and ensure national human rights reform. A similar declaration was made at the United Nations in June of 2012 by twenty-eight states.
The dramatic increase in the number and diversity of countries who signed onto the statement may indicate a rising realization by the international community of the need to take joint action to ensure that Bahrain ends its two year crack-down on pro-democracy and human rights activists in the country that began in response to wide-spread national protests for democratic reform that began in February, 2011, according to the Cairo Institute for Human Rights Studies (CIHRS) and Bahrain Centre for Human Rights (BCHR).
Significantly, the United States and United Kingdom, two of the closest allies of Bahrain joined the statement despite failing to join last year. While other countries who share a history of national struggle for democratic reform, such as Brazil, Argentina, South Africa and India, along with Japan, continued to refuse to join the Bahrain declaration.
The twenty-second session of the Human Rights Council started on the 25th of February and will end on the twenty-second of March.
“This declaration and the broad support it enjoyed from around the world gives us hope that Bahrain might finally be held accountable by the international community for the grave human rights violations it continues to commit on a daily basis against those struggling for democracy and rights in the country,” said Sohair Riad, Researcher for the Cairo Institute for Human Rights Studies.
The statement pointed out the continuing harassment and imprisonment of persons exercising their right to freedom of expression and assembly in the country, including the use of unfair trials, the revoking of citizenship and other rights violations against these individuals. It also called on Bahrain to use restraint when reacting to peaceful protests, and begin to address the widespread impunity of governmental security forces for human rights violations. Finally, the statement called on the government of Bahrain to cooperate with the United Nations, including the Office of the High Commissioner for Human Rights, and to ensure implementation of the all the recommendations of the Bahrain Independent Commission of Inquiry.
"It is a positive sign to see forty-four countries join this declaration. The next step should be holding the Government of Bahrain accountable through concrete action if the human rights situation in the country does not improve. A lack of international action has been one of the main reasons the Bahrain government has lacked the political will to enact sufficient reforms in the country or to begin to seriously address ongoing rights violations" said Maryam Al Khawaja, Acting President of the Bahrain Centre for Human Rights.
States that signed onto the declaration included: Albania, Andorra, Australia, Austria, Belgium, Botswana, Bulgaria, Chile, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Ireland, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Mexico, Monaco, Montenegro, Netherlands, Norway, Poland, Portugal, Republic of Korea, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom, United States of America and Uruguay.
Contact:
Ms. Sohair Riad, (Arabic, English), sohair@cihrs.org
Ms. Maryam Al Khawaja, (Arabic, English, Danish), maryam.alkhawaja@bahrainrights.org.
Bahrain: Entire Family Sentenced to Imprisonment for Providing Shelter to a Suspect Wanted on Politically Motivated Charges
On February 5th, 2013, the first lower criminal court headed by Rashed Bin Ahmed AlKhalifa issued a verdict of 1 year imprisonment for the members of a family, including the father (Abbas Hasan Mayoof), the mother (Fatima Ahmed Abdulla) and their son (Fadhil Abbas Mayoof), for the charges of “hiding a person who is wanted on a criminal case."
According to the court, the family has “provided shelter for a defendant accused of a felony” in their house from the 20th to the 24th of April 2012, although a warrant has been issued against him. The defendants have denied the charges at the court. Abbas Mayoof has said that his initial confessions were extracted under beatings and threats from the police, and that he had to sign papers while blindfolded. The court has issued its ruling without investigating the allegations of beatings.
Both Abbas and his son Fadhil were previously arrested from their house in Nuwaidrat on the 24th April 2012 after a house raid. They were held until the 17th of June 2012 while waiting for the trial outcome.
The family members who attended the court session on February 5th, 2013 were arrested immediately after the verdict. They were later released on bail on the 17th of February 2013 pending an appeal trial on the 10th of October 2013.
This is not the first case where citizens have been harshly punished for hiding individuals wanted by the police on politically motivated charges. Many of those wanted by the authorities are living in hiding for fear of torture if they turn themselves in. (For more information, see: VOICES: Forced into Hiding in #Bahrain But Speaking Out and Bahrain: Activists in Hiding as Crisis Continues)
The BCHR has reported previously on the case of Ahmed Maqabi, who is sentenced to 3.5 years imprisonment also for providing shelter to a wanted individual. Al-Muqabi reported that he was subjected to severe forms of torture including brutal sexual assault, and was denied medical treatment for the damages he sustained (Read: bahrainrights.org/en/node/5519).
The BCHR calls on the United States, the United Kingdom, the United Nations, the European Union and all close allies and international institutions to put pressure on the Bahraini authorities to:
1. Immediately and unconditionally drop all charges against the Mayoof family, Ahmed Al-Muqabi and all other politically motivated charges against the pro-democracy citizens and prisoners of conscience, and release them.
2. To launch an impartial and independent investigation into the allegations of torture and assault made and prosecute all officials involved in torture.
Bahrain: Renewed Detention of Outspoken Activist as Prison Sentences Start to Rain
02 Feb 2013
On 27 February 2013, the third high criminal court upheld the detention of Zainab Al-Khawaja for a month in the case of participating in an unauthorized demonstration and entering a restricted zone, the “pearl roundabout area”. Her lawyer said that he attended the first session where the judge decided that the verdict will be issued in the next session, although the lawyer was not given the chance to present his defence.
Although the area has been guarded by security forces and members of the Bahraini army since 16 March 2011, there is no official declaration, neither issued nor published, that declares the area as a “restricted zone”. Al-Khawaja already served 8 days for the same offence after being arrested in February 2012 on the borders of the pearl roundabout area and 20 days are left from this sentence (for information please see: bahrainrights.org/en/node/5048).
On the same day, her appeal in the case of damaging MOI property (tearing the photo of Hamad bin Salman) was rejected and 2 months imprisonment was upheld but she had already served that sentence during a previous arrest.
On the night of 27 February 2013, Al-Khawaja was arrested after she staged a one-person protest in front of the King’s palace in Qudaibiya, Manama, to protest the culture of impunity and lack of accountability in the security forces, and to demand the release of Mahmood Al-Jazeeri’s body who died last Friday due to a head injury from a tear gas canister. She stood with a banner saying "you've arrested our fathers & children, even our bodies. Let your palaces hear, we don't fear your prisons".
She was subsequently arrested and taken to the Hoora police station. She has been charged with obstructing traffic, damaging property, inciting hatred of the regime, and prejudice to authority. Al-Khawaja has stated that she will not attend the public prosecution or court in protest over the lack of an independent judiciary.
On 28 February 2013, Zainab Al-Khawaja’a acquittal in the case of insulting a public officer at the military hospital last April was overturned and she was sentenced to 3 months. (For more information please see: enduringamerica.com/home/2012/4/8/.. ). Her lawyer said the case included an official document that confirms that the witnesses who testified against Al-Khawaja were not present at time of the alleged incident.
The public prosecution said in a statement on 28 February 2013, that Al-Khwaja will start serving her sentences from today (a sum of 3 months and 20 days according to her lawyer).
Zainab Al-Khawaja has been arrested several times before, spent over 4 months in prison collectively. Another 4 cases are already active in the court today and she may face more prison sentences, while other cases are being prepared by the public prosecution (To see a complete list please follow the link: docs.google.com/document..).
The GCHR and BCHR believe that charges and prison sentences against Zainab Al-Khawaja are politically motivated, and that she is targeted merely for practicing her human rights work and her legitimate exercise of freedom of expression and assembly.
The GCHR and the BCHR call on the US administration as well as other governments that have influence in Bahrain including the UK government, the EU and leading human rights organizations to:
1- Call for the immediate release of human rights activist Zainab Al-Khawaja as well as all other detained human rights defenders and prisoners of conscience in Bahrain;
2- Increase the pressure on the Government of Bahrain to stop the on-going daily human rights violations as well as the escalated attacks against human rights defenders;
3- To put pressure on the Government of Bahrain to guarantee in all circumstances that human rights defenders in Bahrain are able to carry out their legitimate human rights activities without fear of reprisals, and free of all restrictions including judicial harassment;
4. Guarantee in all circumstances that all human rights defenders in Bahrain are able to carry out their legitimate human rights activities without fear of reprisals, and are free of all restrictions including judicial harassment;
5. abide by the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, in particular its Article 1, which provides that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels”, as well as Article 12(1) that provides “everyone has the right, individually and in association with others, to participate in peaceful activities against violations of human rights and fundamental freedoms”, and Article 12(2) (“the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually or in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration.”)
HRW: Bahrain: No Progress on Reform
Official Impunity, Imprisoned Activists Undermine Claims
FEBRUARY 28, 2013
In addition, a draft association law adopted by the government significantly undermines what few rights independent nongovernmental associations have under the country’s current law, Human Rights Watch said. Human Rights Watch made the assessments after meeting with high-ranking officials and with political prisoners.
“All the talk of national dialogue and reform mean nothing so long as the country’s most prominent human rights and political activists remain unjustly imprisoned while officials responsible for torture and murder remain in their positions,” said Sarah Leah Whitson, Middle East director at Human Rights Watch. “The minimum one should expect after the gross abuses by security forces during the 2011 uprising is recognition at the highest level of the security and defense forces, including the Interior and Defense Ministers, that they bear the responsibility for the failures of their forces – failures they have acknowledged – and will account for them.”
During a five-day visit, the first allowed to Human Rights Watch by the government in almost a year, three representatives met with the interior minister, Lt. Gen. Shaikh Rashid bin Abdullah Al Khalifa; theattorney general, Dr. Ali Fadl al-Buainain;Nawaf Abdulla Hamza, head of the Special Investigations Unit (SIU) responsible for investigating police excesses and command responsibility; the chief of public security,Maj. Gen. Tariq Hassan;John Timoney, senior police adviser to the Interior Ministry, and representatives of the Social Development and Human Rights ministries.
Bahrain: Imprisoned Activists (Photos)
Human Rights Watch’s visit was facilitated by the newly established Human Rights Ministry. Human Rights Watch met with the ministry’s legal affairs director, Mohamed al-Fazi, and urged the ministry to take an active role in addressing the government’s human rights shortcomings and advocating needed reforms.
Human Rights Watch said that Bahraini authorities had facilitated frank and candid meetings with government officials but that the government has unreasonably restricted its access to Bahrain, denying and ignoring numerous requests for visas over the past two years and refusing entry altogether for one representative.
In November 2011, the Bahrain Independent Commission of Inquiry (BICI), international experts appointed by King Hamad bin Isa Al Khalifa, concluded that Bahrain’s security forces operated within a “culture of impunity” and that the abuses “could not have happened without the knowledge of higher echelons of the command structure” of the security forces.
Human Rights Watch concluded, based on the discussions with officials, that authorities have made no progress in investigating and prosecuting higher-level officials responsible for the worst abuses during the 2011 protests. The abuses resulted in the death of scores of protesters and bystanders, serious injuries to hundreds of people, arrests of thousands more, and more than 300 formal allegations of torture and ill-treatment.
The attorney general and head of the Special Investigations Unit told Human Rights Watch that their investigations into those responsible for the failures of the security forces would conclude by the summer of 2013, but they would not provide information about any progress made in their investigations or about any officials whose roles were being investigated, or their ranks. Only four low-ranking officers and one first lieutenant have been convicted in the deaths of two protesters and serious injury to a third.
Hassan told Human Rights Watch that Interior Ministry officials recognized that they had made “serious mistakes” in their handling of the mass demonstrations that rocked the country in 2011. However, Shaikh Rashid, the interior minister, said that internal investigations had found wrongdoing or misconduct only by police officials up to the rank of battalion commander.
Beyond that rank, he said, internal investigations had assigned no blame for wrongdoing, and no commanders or other ranking officials had been reprimanded, reassigned, demoted, suspended, or terminated. He confirmed that the ministry had no policy of suspending from duty or reassigning police officers facing criminal charges, including excessive use of force, torture, or suspicious killing, although Human Rights Watch noted that authorities had reportedly taken into custody two policemen in connection with a shooting death on February 14, 2013.
“It is mind-boggling that the same officials who were in charge during the unprecedented shootings, beatings, killings, and torture of hundreds of Bahraini citizens have identified no wrongdoing by high-ranking officials,” Whitson said. “How can any Bahraini citizen believe promises of police overhaul when those responsible for grievous policing failures are still setting policies and able to undermine possible investigations into their roles?”
On February 26, Human Rights Watch visited several of the political and human rights activists, medics, and teachers serving sentences ranging from two years to life in Jaw Prison and met with them privately. The Interior Ministry and prison officials facilitated the meetings. Human Rights Watch was able to photograph and videotape their meetings with the detainees.
On January 7, the Court of Cassation upheld the convictions and lengthy prison terms of 13 prominent dissidents, including sentences of life in prison for seven defendants, solely for exercising their rights to free expression and peaceful assembly in the 2011 protests. Bahrain authorities should amend the laws that gave rise to the unjust sentences against these men, Human Rights Watch said. King Hamad should pardon and expunge the criminal convictions of all those whose sentences the Court of Cassation has upheld.
“There can be no real claim that justice is being done in Bahrain so long as these men remain unjustly imprisoned,” Whitson said. “King Hamad should act urgently to release these men if authorities want to restore any sense of justice among the vast majority of the population.”
Human Rights Watch also expressed grave concern about a draft law to regulate nongovernmental organizations that the Social Development Ministry submitted to the government and that is now under consideration by the Parliament. The draft law would effectively convert every association registered or seeking to register – as required – into a government-controlled entity with no capacity to operate as an independent body.
Neither Khalid al-Koheji, the assistant under-secretary for community affairs, who is responsible for nongovernmental groups, nor Sultan Hammadi, the ministry’s legal counselor for nongovernmental group affairs, were willing to discuss the draft law that they helped to prepare, claiming that it was the responsibility of the government, Human Rights Watch said.
The most disturbing aspect of the draft law is that it would allow Social Development Minister Fatima al-Balooshi to reject an application from any group if the minister determines that Bahrain “does not need its services,” or to reject an application without giving any reason at all.
The law would forbid citizens from being members of more than one group doing similar work, unless the ministry approves, and would prohibit union members from joining a group that works on activities “related to” their union. Al-Koheji also said it would allow the minister to reject a group if its work is “similar” to that of another group.
“While Bahrain’s hired PR firms run around London and Washington presenting slick ‘reform agenda’ power-points, Fatima al-Balooshi is pushing a new law designed to cripple anything resembling independent civil society,” Whitson said. “As if her authoritarian powers under the current NGO law are not bad enough, she’s now put forward a law that will give her unmitigated and arbitrary control over whether a group can even register as a legal organization.”
Human Rights Watch also expressed concern about the government’s use of penal code article 168, which authorizes a fine and up to two years in prison for anyone who willfully disseminates false news knowing that it might result in harm to national security or the public order or safety if the dissemination amounts to direct incitement to violence.
In his meeting with Human Rights Watch, al-Buainain cited this law to justify his decision to prosecute Sayed Yusuf al-Muhafadha, acting vice-president of the Bahrain Center for Human Rights (BCHR) for “disseminating false news” for posting on his Twitter account a photograph of an injured protester. The attorney general told Human Rights Watch that because the protester had been injured days earlier Muhafadha’s reposting was evidence of “his intent to incite a violent demonstration.”
“If Bahraini officials believe that an activist is inciting violence by tweeting a picture of an injured demonstrator, then it’s clear that all the human rights training sessions they’ve attended have been wasted,” Whitson said.
Human Rights Watch raised with officials concern about reports of ongoing excessive and unlawful use of teargas, to which Bahraini opposition activists have attributed at least 16 deaths. A video observed by Human Rights Watch showed security forces firing what appeared to be teargas canisters indiscriminately into what the video identified as a residential neighborhood in A’ali village on February 14. Bahraini human rights groups say that security forces have carried out massive teargas attacks into Shia neighborhoods and villages as punishment for anti-government demonstrations held there.
Two youths died in February from injuries resulting from apparent wrongful use of force. Hussein al-Jaziri, 16, died of injuries from shotgun pellets fired at close range in al-Dia on February 14, the case in which the Interior Ministry says it has taken two policemen into custody. In a separate incident that same day, a video taken shows Mahmood al-Jaziri, 22, fall to the ground in al-Nabi Salej after he was hit in the head by a teargas canister fired from about 10 meters away. He died of his injuries on February 22.
“The ministry can put stickers in police cars on the correct use of teargas, but only investigations and disciplinary measures can address what appears to be frequent misuse of teargas by officers,” Whitson said.
Human Rights Watch also met with the newly appointed police ombudsman, Nawaf al-Maawdah, and head of his investigations unit, Abd al-Rahman Faris. Al-Maawdahsaid that a decree to be issued shortly will expand the ombudsman’s authority to visit and monitor detention centers and to investigate police misconduct even in the absence of an individual complaint.
These developments can enhance the role of the ombudsman as an independent monitor of police abuse, Human Rights Watch said. Human Rights Watch urged the ombudsman to address as an urgent priority the serious lack of diversity among police forces and prison guards, almost all of whom are Sunni while the majority of the prison population and citizenry are Shia, and to investigate discrimination in hiring, including at the ranks of senior officers.
“Effective community and prison policing requires a diverse police force that the Bahraini people can believe represents them,” Whitson said.
The detainees whom Human Rights Watch met with include:
Nabeel Rajab Abd al-Hadi al-Khawaja Abd al-Wahab Hussein Ali Ahmad Hassan Ali Hasan Muhammad Mushaima Muhammad Habib al-Muqdad Abd al-Jalil Radi Mansur Makki Abd al-Jalil al-Singace Abd al-Hadi Abdullah al-Mukhudar Abdullah Isa al-Mahrus, Muhammad Ali Rida Ismail Muhammad Hassan Jawwad Ibrahim Sharif Abd al-Rahim Musa Mahdi Abu Deeb Dr. Ali al-Ekri
Bahrain: Remove Baseless Restrictions on Burial Rituals and Allow Family to Hold Funeral Where They Choose
01 MAR 2013
The Bahrain Center for Human Rights is concerned over the restrictions placed by the authorities over the funeral and burial of Mahmood Al-Jazeeri, who passed away one week ago as a result of injuries caused by a teargas canister fired directly at his head on the 14th of February (More details: http://bahrainrights.hopto.org/en/node/5655). The BCHR has received reports that his body is still in the custody of the Bahraini authorities and that his family is being prevented from claiming the body for funeral and burial in the location they choose.
The authorities are dictating where the funeral should be held. While the family wants to have it in the village of Al Daih where the family originally comes from and most of Mahmood’s family is living, the authorities will only allow them to hold the funeral in Nabih Saleh village to ensure minimum attendance as there is only one entrance to the village, which is also far away from the center of protests (the pearl roundabout). Bahrain does not have any laws dictating where a funeral must be held. The reason provided by the authorities for withholding the body is that this would "establish a precedent that was contrary to religious and social traditions of Bahrain” but has no bearing on the legal code of the country. Withholding the body is therefore illegal and a violation of the family's human rights.
Hasan Al Jazeeri, Mahmood’s brother, started a hunger strike on the 26th of February in protest of the authorities actions. Hasan is currently in detention and is serving one year’s imprisonment for a conviction he received in an unfair trial on the charge of illegal gathering and rioting, which is a common charge in Bahrain. Mahmood’s mother is appealing to be allowed to bury her son. (See: http://www.alwasatnews.com/3827/news/read/742663/1.html)
It is important to note that the placement of restrictions on the funeral of those killed by the police is not a new occurrence in Bahrain. In the 1990s the authorities forced some families to bury their killed sons without any formal funeral and in presence of only a few family members. The authorities exercise what seems to be systematic harassment of the mourners of the victims claimed by the police brutality. Since Feb 14, 2011, all funerals of the deceased have been attacked by police. It is unfortunately very common that mourners at funerals have been subjected to numerous teargas assaults by Bahraini police officers. Deaths and injuries have been reported as a result of police attacks on funerals including the death of Fadhel Al-Matrook who was shot dead with birdshots on the 15th of February 2011.
The Bahrain Center for Human Rights calls on the authorities of Bahrain to remove restrictions on burial rituals of the deceased and instead focus on holding the responsible officials in the security forces accountable for the death of Al-Jazeeri. Although there have been dozens of extra-juridical victims, no official has been fully held accountable for these violations of human rights.