Bahrain: Continuing judicial harassment of Ms. Ghada Jamsheer, Head of the Women’s Petition Committee

03/11/2015
Urgent Appeal

New information
BHR 002 / 0415 / OBS 030.2
Judicial harassment
Bahrain
November 3, 2015

The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), has received new information and requests your urgent intervention in the following situation in Bahrain.

New information:

The Observatory has been informed by reliable sources about the continuing judicial harassment of Ms. Ghada Jamsheer, Head of the Women’s Petition Committee, an organisation which campaigns for the rights and dignity of women in the Shari’ah family courts.

According to information received, on October 1, 2015, the Second Lower Criminal Court held its first hearing against Ms. Ghada Jamsheer on charges of “verbal and physical confrontation with a police woman”. The Court then adjourned the hearing to November 11, 2015. The Prosecution alleges that Ms. Jamsheer assaulted a police officer while she was detained in September 2014.

Besides, Ms. Jamsheer is facing other charges in appeal in a trial before the High Criminal Court of Appeal, related to a separate case for allegedly “assaulting a police officer”, for which she has been sentenced in first instance to one year in prison, suspended for three years (see background information). On October 29, the High Criminal Court of Appeal refused the requests filed by Ms. Jamsheer and adjourned the hearing to November 26 for the verdict.

The Observatory strongly condemns the continuous judicial harassment of Ms. Ghada Jamsheer, which seems to merely aim at sanctioning her human rights activities, and calls upon the Bahraini authorities to immediately and unconditionally drop all charges against her.

Background information:

Over the past years, Ms. Jamsheer has come under permanent surveillance with a 24-hour presence of plainclothes Public Security officials of the Ministry of the Interior in front of her home.

On September 14, 2014, Ms. Jamsheer was arrested and arbitrarily detained for more than three months on allegations of defamation, in connection with messages posted via her Twitter account criticising corruption in the management of King Hamad Hospital in Bahrain, which is run by members of the ruling family. Various charges were brought against Ms. Jamsheer based on the above-mentioned Twitter posts resulting in twelve criminal cases.

Hearings in a total of 12 criminal cases against Ms. Jamsheer have been regularly adjourned without any reason, in violation of Ms. Jamsheer’s right to be tried within a reasonable time.

On October 29, 2014, the Third Criminal Court acquitted Ms. Jamsheer in one case, fined her 100 BHD (approx. €210) in another case, and granted bail upon the payment of 50 BHD pending the decision on the other Twitter cases. However, Ms. Jamsheer had to wait until November 27 to be released, and was again rearrested only 12 hours later on new charges of “assaulting two police women”. She was again released on December 15, 2014, and further put under house arrest until January 15, 2015.

On May 5, 2015, the Bahrain High Criminal Court sentenced Ms. Jamsheer to a one year prison term, suspended for three years on charges of “assaulting a police officer”.

On June 9, 2015, the Third Lower Criminal Court sentenced Ms. Jamsheer to one year and eight months imprisonment on charges of defamation in connection with messages posted via her Twitter account criticising alleged corruption in the management of King Hamad Hospital in Bahrain. Ms. Jamsheer paid a bail of 400 BHD (approx 1,200 USD) and filed an appeal.

The Observatory recalls that on December 29, 2014, UN experts urged the government of Bahrain to drop charges against Ms. Jamsheer, as she was sentenced “purely for [her] criticism of government authorities. [...] Such criticism is not only fully legitimate according to Bahrain’s obligations under human rights law; it is also essential to the free and public debate necessary for a healthy civil society” they added.

Furthermore, Ms. Jamsheer has faced other acts of harassment. For instance, on March 14, 2015, Ms. Jamsheer was denied the right to board on a plane at Bahrain International Airport by the airport’s security office as she attempted to travel to France to receive medical treatment. Ms. Jamsheer, who did not receive any prior notification, was not given any reason for the travel ban. On March 23, 2015, Ms. Jamsheer complained to the Public Prosecutor’s office regarding the travel ban and was informed that she should submit a travel request to the High Criminal Court. The Court reviewed her request on April 12, 2015 and decided to waive the travel ban, stating that there was no solid reason for such a restriction. Nonetheless, on April 15, 2015, the office of the Public Prosecutor was still unable to provide Ms. Jamsheer with a formal authorisation to travel, stating that the file was now in the hands of the immigration office.

Actions requested:

Please write to the authorities of Bahrain urging them to:

i. Immediately and unconditionally drop all charges against Ms. Ghada Jamsheer, as well as against all human rights defenders in Bahrain;

ii. Put an end to any kind of harassment, including at judicial level, against Ms. Ghada Jamsheer and all human rights defenders in Bahrain;

iii. Guarantee in all circumstances the physical and psychological integrity of Ms. Ghada Jamsheer;

iv. Guarantee Ms. Ghada Jamsheer’s freedom of movement;

v. Conform with 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”,
 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”,
 as well as Article 12.2, which provides that “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”;

vi. Ensure in all circumstances, respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Bahrain.

Addresses:

• Cheikh Hamad bin Issa AL KHALIFA, King of Bahrain, Office of HM the King, P.O. Box 555, Rifa’a Palace, Kingdom of Bahrain, Fax: +973 176 64 587
• Cheikh Khaled Bin Ahmad AL KHALIFA, Minister of Foreign Affairs, Ministry of Foreign Affairs, P.O. Box 547, Government Road Manama, Kingdom of Bahrain, Tel: +973 172 27 555; Fax : 00973 17 21 05 75; ofd@mofa.gov.bh
• Cheikh Khalid bin Ali AL KHALIFA, Minister of Justice and Islamic Affairs, Diplomatic Area, Manama P.O.Box 450, Kingdom of Bahrein, Tel: +973 175 133 00; Fax: +973 175 31 284
• Lt. Gen. Cheikh Rashed bin Abdulla AL KHALIFA, Minister of Interior, P.O Box 13, Manama, Kingdom of Bahrain, Tel: +973 17572222 and +973 17390000. Email: info@interior.gov.bh
• 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: info@bahrain-mission.ch
• H.E. Ahmed Mohammed Yousif Aldoseri, Ambassador of the Kingdom of Bahrain to the Kingdom of Belgium, Embassy of the Kingdom of Bahrain, Avenue Louise 250, 1050 Brussels, Belgium; Fax: 0032 (0) 26472274; E-mail: Brussels.mission@mofa.gov.bh

Paris-Geneva, November 3, 2015

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

The Observatory, an FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.

To contact the Observatory, call the emergency line:
• E-mail: Appeals@fidh-omct.org
• Tel and fax FIDH: + 33 (0) 1 43 55 25 18 / +33 1 43 55 18 80
• Tel and fax OMCT: + 41 (0) 22 809 49 39 / + 41 22 809 49 29
Read more