Indeed, the Observatory recalls that Messrs. Maytham Bader Jassim Am-Sheikh, Hassan Abdulnabi, Hassan Abdelnabi Hassan, Abdullah Mohsen Abdulah Saleh, and Ahmad Jaffar Mohammed Ali, members of the Unemployment Committee, Mr. Naji Al Fateel, member of the Bahrain Youth Society for Human Rights (BYSHR), Mr. Mohammed Abdullah Al Sengais, Head of the Committee to Combat High Prices, and Mr. Ebrahim Mohamed Amin Al-Arab, founding member of the Martyrs and Victims Committee, remain detained subsequent to their participation in a peaceful demonstration at the occasion of the Martyrs’ Day, on December 17, 2007 [1]. They were then charged of "illegal gathering" as well as of "theft of a weapon and ammunition" and "possession of weapon and ammunition without permission".
On February 24, 2008, a hearing took place regarding 18 persons involved in the December demonstration, including the seven above-mentioned defenders. In the course of the session, Messrs. Am-Sheikh, Abdulnabi, Abdulah Saleh, Mohammed Ali, Al-Fateel, Al-Sengais and Al-Arab pleaded not guilty. The defendants further complained about the acts of torture and ill-treatment that they had been enduring while in detention, such as being prevented from sleeping, tied up for long periods and denied medical attention. Some of them declared that they had been subjected to sexual assault in the framework of their detention.
A new hearing was set to March 17, 2008 to allow defence lawyers time to get prepared. After the hearing, the defendants were allowed to meet with their relatives briefly, before being transferred to the Dry Dock Detention Centre, in Muharraq. On March 17, 2008, the defence requested that a medical expertise be carried out. The Court then appointed a Commission of doctors from the Ministry of Health in order to examine the detainees and submit its report at the next hearing.
At the hearing of April 16, 2008, the report of the Medical Commission was presented to the Court, concluding that it was not possible to prove that they had been acts of torture committed against them, probably because of the time duration between their arrest and the medical examination, but underlining however that some of the detainees were presenting signs of former injuries that could result from acts of violence. A representative of the Prosecutor Office then stated that this language was too vague and then requested that doctors be interrogated by the Court during the next hearing, to which lawyers of the defence agreed, asking to have access to the report. The next hearing was set to May 11, 2008. At the end of the hearing, the families were able to discuss with the detainees during ten minutes.
The Observatory urges the Bahraini authorities to guarantee in all circumstances the physical and psychological integrity of the above human rights defenders and calls upon the Bahraini authorities to order a thorough and impartial investigation into the above-mentioned allegations of torture and ill-treatments, in order to identify all those responsible, bring them before a civil competent and impartial tribunal and apply to them the penal sanctions provided by the law.
The Observatory further urges the Bahraini authorities to release them immediately in the absence of valid legal charges, or, if such charges exist, bring them before an impartial, independent, competent and fair tribunal and guarantee their procedural rights at all times.
Furthermore, the Observatory calls upon the Bahraini authorities to put an end to any act of harassment against all human rights defenders in the country, as well as to conform with Article 1 of the United Nations Declaration on Human Rights Defenders, which states 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 12.2, which states 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".
For further information, please contact:
OMCT : Delphine Reculeau, + 00 41 22 809 49 39
FIDH : Gael Grilhot, + 00 33 1 43 55 25 18