URGENT APPEAL - THE OBSERVATORY
BHR 006 / 0812 / OBS 048.27
Arbitrary detention /
January 9, 2017
The Observatory for the Protection of Human Rights Defenders, a partnership of FIDH and the World Organisation Against Torture (OMCT), has received new information and requests your urgent intervention in the following situation in Bahrain.
The Observatory has been informed by reliable sources about the continued judicial harassment and arbitrary detention of Mr. Nabeel Rajab, co-founder and President of the Bahrain Center for Human Rights (BCHR), founding Director of the Gulf Center for Human Rights (GCHR), Deputy Secretary General of FIDH from 2012 to 2016 and a member of the Middle East advisory committee at Human Rights Watch.
According to the information received, on January 5, 2017, the Public Prosecution renewed Mr. Nabeel Rajab’s pre-trial detention for a further 15 days, pending investigation.
On December 28, 2016, the Public Prosecution ordered the pre-trial detention for seven days of Mr. Nabeel Rajab, pending investigation into televised interviews dating back to 2014. These interviews with television networks Lua Lua Channel, Al Etijah TV and Al-Alam News Network concerned the human rights situation in Bahrain. Within this case, Mr. Nabeel Rajab is being prosecuted on charge of “deliberately spreading false information and malicious rumors with the aim of discrediting the State” (Article 134 of the Penal Code) , which carries up to three years in prison. He is currently detained in solitary confinement at East Riffa police station.
Mr. Rajab has been continuously detained since June 13, 2016 and is also facing 15 years in prison in relation to other charges regarding comments posted by Mr. Rajab on Twitter in 2015 about conditions of detention in Jaw prison and the war in Yemen. He was already detained from April 2 to July 13, 2015 for the same charges, which include the following: “disseminating false rumours in time of war” (Article 133 of the Penal Code), “insulting a statutory body” (Article 216) and “offending a foreign country [Saudi Arabia]” (Article 215). The next hearing in this case will be held on January 23, 2017 (see background information).
The Observatory is concerned that Mr. Nabeel Rajab’s health has severely deteriorated while in detention. Most worryingly, he has been held in solitary confinement for the vast majority of that period and denied access to proper care. According to Mr. Rajab’s family he has lost 7kg since his arrest, has developed high blood pressure and has irregular heart beats.
The Observatory denounces the continued arbitrary detention of Mr. Nabeel Rajab, which seems to be yet another evidence of a long-standing pattern of harassment against him to sanction his legitimate human rights activity.
The Observatory calls upon the Bahraini authorities to immediately and unconditionally release Mr. Nabeel Rajab, and to put an end to any act of harassment against him - and more generally against all human rights defenders in Bahrain.
Mr. Rajab has faced continuous judicial harassment for his legitimate human rights work since his first arrest in June 2012. On July 9, 2012, Mr. Rajab was sentenced to three months’ imprisonment for allegedly libelling the residents of Al Muharraq via several tweets posted on his twitter account. On August 23, 2012, Mr. Rajab was acquitted by the Higher Appeal Court.
On August 16, 2012, the Lower Criminal Court sentenced Mr. Rajab to three years of imprisonment in relation to three cases related to his participation in peaceful gatherings in favour of fundamental freedoms and democracy. In December 2012, the Appeals Court reduced the sentence to two years of imprisonment. Mr. Nabeel Rajab completed his sentence and was released in May 2014.
On October 1, 2014, Mr. Nabeel Rajab was summoned and remanded in detention by the General Directorate of Anti-Corruption and Economic and Electronic Security of the Criminal Investigation Department (CID) for “insulting a public institution” under Article 216 of the Penal Code. The case related to a tweet he published in September 2014, in which he criticised the military institutions for generating extremist ideologies (the “terrorism tweet” case). On November 2, 2014, the Third Lower Criminal Court ordered Mr. Rajab’s release but barred him from leaving the country.
On January 20, 2015, the Third Lower Criminal Court sentenced Mr. Nabeel Rajab to six months’ imprisonment on the charges of “insulting public institutions and the army”, pursuant to Article 216 of the Penal Code.
In 2015, two other criminal charges were brought against Mr. Rajab. On February 26, 2015, Mr. Rajab was summoned for investigations for charges of “inciting hatred towards the regime” in relation to a speech he made in February 2011 during a funeral (the “funeral speech case”). To date, the police investigation is ongoing.
In addition, on April 2, 2015, over twenty police cars surrounded Mr. Rajab’s house and policemen arrested him. Mr. Rajab was then sent to the General Directorate of Anti- Corruption and Economic and Electronic Security to be interrogated and placed in detention in solitary confinement in Isa Town Police Station. On April 3, 2015, Mr. Rajab was interrogated by the CID regarding two new charges brought against him under criminal case No. 2015/38288. The first charge was “insulting a statutory body”, referring to the Ministry of Interior in relation to tweets he posted denouncing the torture of detainees at Jaw Prison (the “Jaw torture tweets” case). The second charge was “disseminating false rumours in time of war”, in relation to tweets he published about the Saudi-Arabia led coalition air strikes in Yemen (the “Yemen tweets” case). If sentenced on the second charge, Mr. Rajab could be facing up to 10 years’ imprisonment. Mr. Rajab refused to sign the police minutes of the investigations. On April 4, 2015, the Public Prosecution ordered seven days detention pending investigation. On April 5, 2015, security police confiscated all electronic devices belonging to Mr. Rajab and members of his family.
On April 11, 2015, the Prosecution ordered an additional fifteen days in detention for Mr. Rajab. On April 26, 2015, the Public Prosecution officially charged Mr. Rajab under Articles 133 and 216. The Public Prosecution subsequently extended his detention for an additional fifteen days. On May 11, the Bahraini High Court extended Mr. Rajab ́s preventive detention for 15 days.
On May 14, 2015, the Bahrain Criminal Court of Appeal upheld the six-month prison sentence (the “terrorism tweet” case).
On July 13, 2015, the King of Bahrain Hamad Ben Issa Al-Khalifa ordered through Royal Pardon the release of Mr. Nabeel Rajab for health reasons. Mr. Rajab had already served three of the six months’ jail sentence. Moreover, on the same date, the Public Prosecution imposed a travel ban against Mr. Rajab in relation to criminal case No. 2015/38288 related to the Jaw torture and Yemen tweets cases.
Mr. Rajab’s lawyers subsequently filed appeals against the travel ban with the investigating prosecutor on September 2, 2015, with the Attorney General on September 16, and with the Office of the Public Prosecution on October 1, 2015. They received no response to such petitions. On December 3, 2015, Mr. Rajab’s lawyers submitted another petition to the Attorney General requesting the lift of the travel ban imposed on Mr. Nabeel Rajab on July 13, 2015. In the written request filed to the Attorney General, Mr. Rajab’s lawyers raised the issue of urgency, as Mr. Rajab’s wife health is continuously deteriorating and needs treatment outside of Bahrain, accompanied by Mr. Rajab. This request was disregarded.
In the morning of June 13, 2016, police forces reportedly led by the Cybercrime Unit arrested Mr. Nabeel Rajab, after raiding his house and seizing a number of electronic devices. In the afternoon, Mr. Rajab was able to contact his wife by phone, and reported being detained at East Riffa police station.
On June 14, he was transferred to the Public Prosecution, which remanded him in custody for seven days, on accusations of “publishing and broadcasting false news that undermine the prestige of the State” under Article 134 of the Penal Code .
On June 21, 2016, Mr. Nabeel Rajab appeared before the Public Prosecution, which remanded him in custody for eight additional days, in spite of a request for immediate release made by his legal counsel.
On June 28, 2016, Mr. Nabeel Rajab was transferred from police custody to the Bahrain Defence Force (BDF) Hospital due to unprecedented heart problems. On the same day, he was examined by a doctor, and was transferred back to West Riffa police station.
On July 12, during the hearing, the judge dismissed the request for release filed by Mr. Rajab’s lawyers and the hearing was postponed to August 2.
On August 2, 2016, the High Criminal Court, formed of judges Messrs. Abdulla Al Ashraf, Ali Al Dahrani and Sh. Hamad Bin Salman Al Khalifa, decided to postpone the trial to September 5, without providing any justification.
During the hearing, the lawyers of Mr. Rajab requested his provisional release on the basis of his health conditions and the lack of evidence, but the request was rejected by the Court. Instead, the judge ordered to refer Mr. Rajab to the prison’s clinic.
On September 4, Mr. Rajab was summoned and questioned by CID officials. He was denied access to a lawyer on this occasion.
On September 5, 2016, the Public Prosecution announced that additional charges had been brought against Mr. Nabeel Rajab, for deliberately disseminating “false news and information and tendentious rumours that undermine the kingdom’s prestige and stature”, in relation to a letter published in The New York Times on September 4, 2016 , describing his judicial harassment and arbitrary detention. If convicted, this could add one year to his final sentence. In total, he now faces up to 16 years in prison. Therefore the court decided to postpone once again the next hearing in his trial to October 6, 2016.
On October 3, 2016, Mr. Nabeel Rajab underwent surgery to remove his gallbladder. The surgery would result from his poor detention conditions since June 2016.
On October 6, 2016, the High Criminal Court decided after a five minutes hearing to postpone the trial to October 31st, without providing any justification. At the beginning of the hearing, instead of issuing the judgment, the Judge stated that the Court had taken note of the request submitted by Mr. Nabeel Rajab’s lawyers to receive copies of their client’s medical record and had decided to adjourn the case even. Before the hearing, Mr. Rajab’s lawyers asked the Court a copy of his medical reports after the Ministry of Interior and the Public Prosecution failed to provide them, in clear violation of Mr. Rajab’s right to be informed of his own health condition.
Once more on October 31, 2016, Judge Ebrahim Al-Zayed of the Fourth High Criminal Court postponed the trial until December 15 in order to obtain a technical expert from the Cyber-Crime Unit to determine who runs Rajab’s twitter account. Rajab arrived at the court right before the hearing, and was taken out immediately after the Judge made his pronouncements, while Rajab’s lawyers were still making applications.
For the fifth time in a row, on December 15, 2016, after a fifteen minutes hearing during which Mr. Nabeel Rajab was not allowed to speak, the Fourth High Criminal Court postponed the verdict until December 28, 2016 and refused to release him.
On December 21, 2016, the Cybercrime Unit of the Ministry of Interior took Mr. Nabeel Rajab out of custody for interrogation following the publication of a letter  quoting him in French newspaper Le Monde on December 19, 2016. The Cybercrime Unit is reportedly accusing Mr. Rajab of using the article to “spread false information and tendentious rumours insulting Bahrain and the Gulf Cooperation Council (GCC) States and harming their relations”. The letter urged Paris and Berlin to “reassess their relationship with these monarchies, which actively work against democracy and human rights and fan the flames of violence and extremism”.
On December 28, 2016, Manama’s Fifth High Criminal Court acceded to an application for Mr. Nabeel Rajab’s temporary release following a failure to give any basis or any sufficient evidence of a link between him and the Twitter account with respect to the Yemeni and Jaw prison tweets.
Then Mr. Rajab was taken to the CID for temporary release. However, he was re-arrested later on the same day and referred to the Public Prosecution in relation to an investigation into televised interviews dating from 2014, which commenced in mid-June 2016.
Please write to the authorities of Bahrain urging them to:
The Observatory urges the authorities of Bahrain to:
i. Guarantee the physical and psychological integrity of Mr. Nabeel Rajab and that of all human rights defenders in Bahrain;
ii. Release Mr. Nabeel Rajab immediately and unconditionally, as his detention is arbitrary and its conditions amount to ill-treatment and are endangering his life;
iii. Put an end to any act of harassment, including at the judicial level, against Mr. Nabeel Rajab and against all human rights defenders in Bahrain;
iv. Conform in any circumstances with the provisions of the Declaration on Human Rights Defenders, adopted on December 9, 1998 by the United Nations General Assembly, in particular its Articles 1,Article 6 (c) and 12.2;
v. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Bahrain.
• Cheikh Hamad bin Issa AL KHALIFA, King of Bahrain, Fax: +973 176 64 587
• Cheikh Khaled Bin Ahmad AL KHALIFA, Minister of Foreign Affairs, Fax : 00973 17 21 05 75; firstname.lastname@example.org
• Cheikh Khalid bin Ali AL KHALIFA, Minister of Justice and Islamic Affairs, Fax: +973 175 31 284
• Lt. Gen. Cheikh Rashed bin Abdulla AL KHALIFA, Minister of Interior, Email: email@example.com
• H.E. Mr. Yusuf Abdulkarim Bucheeri, Permanent Mission of Bahrain to the United Nations in Geneva, 1 chemin Jacques-Attenville, 1218 Grand-Saconnex, CP 39, 1292 Chambésy, Switzerland. Fax: + 41 22 758 96 50. Email: firstname.lastname@example.org
• H.E. Ahmed Mohammed Yousif Aldoseri, Embassy of the Kingdom of Bahrain to the Kingdom of Belgium, Avenue Louise 250, 1050 Brussels, Belgium; Fax: 0032 (0) 26472274; E-mail: Brussels.email@example.com
Paris-Geneva, January 9, 2017
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
The Observatory for the Protection of Human Rights Defenders (the Observatory) was created in 1997 by the World Organisation Against Torture (OMCT) and FIDH. The objective of this programme is to intervene to prevent or remedy situations of repression against human rights defenders. FIDH and OMCT are both members of ProtectDefenders.eu, the European Union Human Rights Defenders Mechanism implemented by international civil society.
To contact the Observatory, call the emergency line:
· E-mail: Appeals[at]fidh-omct.org
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· Tel and fax OMCT: + 41 (0) 22 809 49 39 / + 41 22 809 49 29