BHR 002 / 1212 / OBS 102.4
Arbitrary detention / Judicial harassment
The Observatory has been informed by reliable sources about the judicial harassment of Mr. Sayed Yousif AlMuhafdhah, Acting Vice President and Head of Documentation Unit of the Bahrain Center for Human Rights (BCHR).
According to the information received, on January 9, 2013, Mr. Sayed Yousif AlMuhafdhah will appear before the Fourth Lower Criminal Court to face charges of spreading false information on Twitter. He faces a prison sentence of up to one year and a fine of up to 100 BD.
The Observatory strongly condemns the continued arbitrary detention and judicial harassment of Mr. AlMuhafdhah, and calls on the Bahraini authorities to release him immediately and unconditionally, as it seems to merely aim at sanctioning and hindering his human rights activities.
The Observatory more generally reiterates its call on the Bahraini authorities to put an end to all acts of harassment – including at the judicial level – against all human rights defenders in Bahrain, and to comply with all international human rights standards and international instruments ratified by Bahrain, in particular the United Nations (UN) Declaration on Human Rights Defenders, adopted by the UN General Assembly on December 9, 1998.
On September 23, 2012, Mr. AlMuhafdhah and other Bahraini human rights defenders who cooperated with the United Nations (UN) received threats of reprisals while they were in Geneva to participate in the 21st session of the UN Human Rights Council. The pro-governmental newspaper Al-Watan accused Mr. AlMuhafdhah and other human rights defenders of “defaming Bahrain” and labelled them as “traitors to the country”.
On November 2, 2012, Mr. AlMuhafdhah was arrested in Duraz while he was documenting the injury of a man who was shot by bird-shot pellets at a protest earlier that day. Mr. AlMuhafdhah was transferred to Budaiya Police Station where he was interrogated about his presence at the injured man’s door.
In the morning of November 3, 2012, Mr. AlMuhafdhah was taken to the public prosecution where he was remanded seven days of detention on charges of “participation in illegal protests”. On November 10, 2012, the public prosecution decided to extend Mr. Sayed Yousif AlMuhafdhah’s detention by seven additional days without providing any grounds or justification for this decision. On November 14, 2012, the Public Prosecution decided to release Mr. Sayed Yousif AlMuhafdhah and drop the charges of “participation in illegal protests” that had been pending against him since November 2, 2012.
On December 17, 2012, Mr. Sayed Yousif AlMuhafdhah was arrested while he was monitoring a demonstration held in the capital city of Manama to mark the anniversary of two protesters who were killed in 1994. On December 18, the Public Prosecutor remanded him in custody in Hooth Al-Jaff prison for seven days pending an investigation on charges of spreading false information on Twitter.
On December 25, 2012, Mr. Sayed Yousif AlMuhafdhah was presented before the Public Prosecution, which renewed his detention by 15 days.
On December 27, 2012, the Public Prosecution referred the case to the Court.
The Observatory urges the authorities of Bahrain to:
i. Guarantee the physical and psychological integrity of Mr. Sayed Yousif AlMuhafdhah, as well as of all human rights defenders in Bahrain;
ii. Release Mr. Sayed Yousif AlMuhafdhah immediately and unconditionally as his detention is arbitrary since it seems to merely sanction his human rights activities;
iii. Put an end to any act of harassment, including at the judicial level, against Mr. AlMuhafdhah, as well as against all human rights defenders in Bahrain;
iv. Conform in any circumstances with the provisions of the UN Declaration on Human Rights Defenders, in particular:
its Article 1, which states that “everyone has the right, individually or in association with others, to promote the protection and realization of human rights and fundamental freedoms at the national and international levels” ;
its Article 6 (c) which states that “everyone has the right, individually and in association with others to study, discuss, form and hold opinions on the observance, both in law and in practice, of all human rights and fundamental freedoms and, through these and other appropriate means, to draw public attention to those matters” ;
and its Article 12.2 which states that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and 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”.
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, Tel: +973 172 27 555; Fax : +973 172 12 6032
· Cheikh Khalid bin Ali AL KHALIFA, Minister of Justice and Islamic Affairs, Tel: +973 175 31 333; Fax: +973 175 31 284
· Lt. Gen. Cheikh Rashed bin Abdulla AL KHALIFA, Minister of Interior, Tel: +973 17572222 and +973 17390000. Email: email@example.com
· 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
Please also write to diplomatic representations of Bahrain in your respective countries.