Bahrain must suspend Nabeel Rajab’s sentence

[vc_row][vc_column][vc_column_text]13 September 2019

H.E. Ali bin Mohammed Al-Rumaihi

Minister of Information Affairs

Email: [email protected]

LETTER TO THE MINISTER OF INFORMATION AFFAIRS

Dear Minister Ali bin Mohammed Al-Rumaih,

We, the undersigned, write to you regarding the case of human rights defender Nabeel Rajab and ask you to consider the request of Mr Rajab’s lawyers to suspend his current sentence.

Mr Rajab is currently serving a five-year sentence related to tweets criticising alleged torture at Jau prison and the actions of the Saudi-led military coalition in Yemen’s civil war.

In recent months, Mr Rajab’s legal team has appealed to the courts to suspend the sentence against him or to convert it to a custodial sentence, or a form of community service, but all their efforts were rejected. A hearing requesting that the Court overturn previous decisions to uphold the sentence will take place on 17 September 2019. 

We strongly urge you to support this request for the sentences to be suspended. In particular, we are concerned that Mr Rajab is not being treated according to international standards for prisoners. Mr Rajab is currently being held in a cell in Jau Prison with nine other prisoners who were convicted for prostitution offences. This is contrary to Rule 11c of the United Nations Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules) which states: “The different categories of prisoners shall be kept in separate institutions or parts of institutions taking account of their sex, age, criminal record, the legal reason for their detention and the necessities of their treatment.”

Mr Rajab is a highly regarded human rights defender. He is the President of the Bahrain Center for Human Rights (BCHR), Founding Director of GCHR, Deputy Secretary General of FIDH and a member of the Human Rights Watch Middle East and North Africa Advisory Committee.

His case has been raised repeatedly by the international community. In 2018, the UN Working Group on Arbitrary Detention called for Mr Rajab’s release and said the convictions were unlawful and violated his freedom of expression. Earlier this month, UK parliamentarians said the UK should be willing to use sanctions against countries that violate international standards on media freedom. 

Given this, we urge you to suspend Mr Rajab’s sentence.

Yours sincerely,

Index on Censorship 

English PEN

Gulf Center for Human Rights (GCHR)

IFEX

Bahrain Center for Human Rights (BCHR)

Article 19

Americans for Democracy & Human Rights in Bahrain (ADHRB)

European Center for Democracy & Human Rights (ECDHR)

Bahrain Institute for Rights and Democracy (BIRD)

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Groups urge Amal Clooney to pressure UK to act on Bahrain’s abuse of freedom of expression

[vc_row][vc_column][vc_single_image image=”108529″ img_size=”full”][vc_column_text]8 August 2019

Dear Amal Clooney,

We, the undersigned Bahraini and international non-governmental organisations, are writing to express our deep concern about the intensifying clampdown on freedom of expression in Bahrain since 2011, especially over the past two years. As the United Kingdom’s Special Envoy on Media Freedom, we hope that you can urge the UK government to abide by its stated commitment to protect journalists and promote free media and to press its ally, Bahrain, to respect freedom of expression and freedom of the press.

Freedom of Expression and Press Freedom restricted

The right to freedom of expression and press freedom are severely restricted in Bahrain and journalists, human rights defenders and activists are targeted for doing their human rights and journalism work. According to the Committee to Protect Journalist (CPJ), six journalists are currently imprisoned in connection with their work. In addition, Reporters without Borders (RSF) has documented seven journalists who have had their citizenship revoked since 2011. Bahrain now sits 167th out of 180 countries in RSF’s Press Freedom Index for 2019, one place lower than in 2018.

The repression intensified in 2017, when the only independent newspaper, Al-Wasat, was forcibly closed down and its employees dismissed. That year, the Ministry of Information Affairs effectively blocked the license renewal of several journalists working for foreign news agencies. Photojournalists and reporters for the Associated Press, Agence France-Presse and a cameraman for Reuters were all denied license renewal. Nazeeha Saeed, award winning correspondent for Radio Monte Carlo Doualiya and France24 was convicted and fined for working for international media outlets without a license. Those outlets, along with a coalition of press-freedom watchdogs, wrote to the King of Bahrain in April 2017 highlighting their concerns.

In Bahrain, criticising the King could result in conviction and a seven-year sentence as the government does not tolerate any form of dissent. Prominent human rights defender, Nabeel Rajab is serving a five-year sentence for using Twitter to expose torture in Bahrain’s Jau Prison and to criticise Saudi Arabia’s war on Yemen. He was also charged for publishing an Op-ed in the New York Times. Opposition activist and high profile blogger, Dr Alduljalil Al-Singace, was jailed for life in 2011, when the government renewed its crackdown on peaceful dissent. In 2017, activist and blogger Najah Yusuf was sexually assaulted by the authorities and sentenced to three years in prison, partly for criticising the Bahrain Grand Prix on social media. Former Al-Wasat employee, Mahmood Al-Jazeeri, was sentenced to 15 years’ imprisonment and stripped of his citizenship. The UN Working Group on Arbitrary Detention (WGAD) declared him arbitrarily detained. Similarly, award-winning photojournalists Ahmed Humaidan and Sayed Ahmed Al-Mousawi continue to languish in prison with the latter also stripped of his citizenship. Photojournalist Hassan Qambar was sentenced to more than 100 years in prison over a “range of absurd charges” according to RSF, namely his coverage of local protests.

Cybercrime Law

We are dismayed that the Bahraini authorities are once again amending anti-terror and cybercrime laws to further criminalise political dissent and civil society activism. The situation is only worsening, following the government’s recent declaration that it intends to crackdown further on critical social media accounts and posts. 

On 22 May 2019, the Ministry of Interior (MoI) accused Bahraini journalist Adel Marzooq of cybercrime for analysing politics in the region on Twitter. On 30 May 2019, Bahrain’s MoI announced that “those who follow inciting accounts that promote sedition and circulate their posts will be held legally accountable.” Two days later, a MoI official elaborated that “countering inciting social media accounts that promote sedition and threaten social fabric and civil peace was a national duty and part of the community partnership to protect the security and safety of the nation.”

Social media giant Twitter expressed concern about the Bahraini government’s recent declaration. In a tweet posted on 5 June 2019, Twitter stated that the implementation of such measures would “pose a significant risk to free expression and journalism” in the country. Twitter also provided advice to individuals who wished to view posts from specific accounts without having to follow them, in order to avoid the scrutiny of the Bahraini authorities.

Our hope is that Bahrain’s allies will be inspired by this principled action and follow suit in publicly condemning the growing crackdown on dissent. Regrettably, the UK is yet to take a strong public stance on the matter and instead provides its Gulf ally with unconditional political support, to the detriment of the Bahraini people.

Bahrain Ambassador to UK: Sheikh Fawaz bin Mohammad Al Khalifa 

During the time that the Ambassador of the Kingdom of Bahrain to the UK, Sheikh Fawaz bin Mohammad Al Khalifa, has been in post, a number of smear campaigns targeting human rights defenders, activists, journalists and critics have been launched from the embassy in London.

Sheikh Fawaz is a member of the Bahraini royal family and was the president of the Information Affairs Authority (IAA) during the Arab spring, a time when the government systematically cracked down on human rights and civil society. The IAA regulates the state’s media channels and websites, including Bahrain TV and the Bahrain News Agency.  The organisation was responsible for shutting down Al-Wasat, the only independent newspaper, leading to the censorship of the press and the deportation of foreign-national journalists and spreading hate speech through IAA-controlled TV stations. In 2009, the year before Sheikh Fawaz’s IAA presidency, Bahrain stood 119th in RSF’s Press Freedom Index. By the time his presidency ended in 2012, Bahrain had fallen to 165th place, attesting to Sheikh Fawaz’s devastating record and legacy on press freedom.

The Bahraini Embassy in London has escalated smear campaigns against human rights defender Nabeel Rajab and blogger Najah Yusuf, to whom they attributed tweets posted eight months after her conviction. The Embassy also justified the prosecution of journalist Nazeeha Saeed, blaming her for not renewing her own credentials as a foreign correspondent.

Despite this evidence being publicly available, the FCO responded to concerns raised about Sheikh Fawaz by a Member of Parliament by asserting that it “thoroughly reviews each State’s appointee as Head of Mission.”

Our Requests

It is evident that the British government prioritises its strategic relations with Bahrain over the right to freedom of expression and press freedom. While trade and security agreements made without a strong human rights component may appear expedient on the surface, in the long term a foreign policy that ignores human rights will likely encourage greater repression which in turn will undermine the UK’s international reputation. 

In December 2018 you said that: “states should repeal criminal sanctions in laws that target speech like sedition, blasphemy and defamation, and they should narrow the scope of other laws that can easily be used to silence critical speech.” However, as long as Bahrain’s closest allies refuse to use their leverage to pursue these noble goals, they will remain impossible to achieve in the country.

In light of the above, we hope that you can use your position and access to the UK authorities to urge them to:

  • Prevail on their Bahraini counterparts to release prisoners of conscience, including journalists, photojournalists and human rights defenders imprisoned solely for voicing their peaceful opinions, including specifically: Mahmoud Al-Jaziri; Ahmed Humaidan; Sayed Ahmed Al-Mosawi; Hassan Qambar; Najah Yusuf; Dr Abduljalil Al-Singace and Nabeel Rajab;
  • Urge the Bahraini government to rescind the administrative ban on the activities of the independent newspaper, Al-Wasat;
  • Urge the Bahraini government to allow visits of the Special Rapporteurs on Freedom of Expression and Freedom of Assembly to the country; and
  • Call on the Bahraini government to lift the vague and overly broad cybercrime laws imposed to silence the right to freedom of expression and end legislation criminalising human rights, including criticism of the King. 

We would particularly welcome any public statements you can make in support of freedom of expression in Bahrain. 

Thank you for your time and we look forward to hearing from you soon.

Yours Sincerely,

  • Bahrain Institute for Rights and Democracy (BIRD)
  • Americans for Democracy & Human Rights in Bahrain (ADHRB)
  • Amnesty International
  • ARTICLE 19
  • Bahrain Centre for Human Rights (BCHR)
  • English PEN
  • European Centre for Democracy and Human Rights (ECDHR)
  • Gulf Centre for Human Rights (GCHR)
  • IFEX
  • Index on Censorship
  • International Service for Human Rights (ISHR)
  • PEN America
  • PEN International
  • Reporters Without Borders (RSF)
  • Women’s March Global

 

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Rights groups criticise Formula One over Bahrain stance (Reuters, 6 March 2019)

LONDON (Reuters) – Human rights groups accused Formula One on Wednesday of ignoring abuses allegedly related to the Bahrain Grand Prix, urging the sports’ leaders to honour commitments and take a stronger stance.

Human Rights Watch (HRW), the London-based Bahrain Institute for Rights and Democracy (BIRD) and Index on Censorship were among 17 signatories of a letter to Formula One raising concerns about the jailing of female activist and blogger Najah Yusuf. Read the full article.

Groups call on Michelle Bachelet for heightened UN scrutiny of human rights violations in Bahrain

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Michelle Bachelet, United Nations High Commissioner for Human Rights. Credit: UN Women / Flickr

Michelle Bachelet, United Nations High Commissioner for Human Rights. Credit: UN Women / Flickr

H.E. Michelle Bachelet
United Nations High Commissioner for Human Rights
Office of the High Commissioner for Human Rights (OHCHR)
United Nations
52 Rue des Paquis
1201 Geneva, Switzerland

Your Excellency,

We, the undersigned organisations, write to you to express our concern regarding the worsening situation for civil society in Bahrain. We believe co-ordinated international action coupled with public scrutiny are imperative to address the government of Bahrain’s ongoing attacks on civil society and to hold the kingdom accountable to its commitments to international human rights laws and standards. To this end, we call upon your Office to continue to monitor the situation in Bahrain and to continue to raise concerns at the highest level, both publicly and privately, with the government, as was done by your predecessor, Zeid Ra’ad Al Hussein. We believe heightened scrutiny of Bahrain’s human rights record and its ongoing human rights violations is particularly important now that the kingdom is a Member State of the Human Rights Council.

In the past two years, the Bahraini government increased its repression of the kingdom’s remaining civil society organisations, political opposition groups, and human rights defenders. In June 2016, Bahrain’s Administrative Court forcibly dissolved al-Wefaq, Bahrain’s largest political opposition society, a ruling that was upheld in February 2018. In May 2017, a court approved the forcible dissolution of the National Democratic Action Society, also known as Wa’ad. Only a month later, the government indefinitely suspended the kingdom’s last remaining independent newspaper, Al-Wasat, continuing its repression of free expression and press freedom.

While there were hopes that the government might ease repression in the run-up to elections for the lower house of parliament on 24 November 2018, these were dashed with a series of actions and policies that effectively precluded the elections from being free or fair, and that continued the broader assault on civil society. Only weeks ahead of ahead of the elections, the country’s highest appeals court sentenced Sheikh Ali Salman, the Secretary-General of Al-Wefaq, to life in prison on spurious charges of espionage dating from 2011. The government also enacted new legislation banning all individuals who had ever belonged to a dissolved political society from seeking or holding elected office, as well as anyone who has ever served six months or more in prison. This affects a large portion of Bahrain’s population, as the kingdom currently has around 4,000 political prisoners.

Beyond rigging the election process at the expense of political opposition societies and free and fair participation, over this past year Bahrain has continued to target, harass, and imprison activists and human rights defenders for exercising their right to free expression. The government criminalised calls to boycott the elections, and, on 13 November 2018, arrested former Member of Parliament Ali Rasheed al-Asheeri for tweeting about boycotting the November elections. On 31 December 2018, Bahrain’s Court of Cassation – its court of last resort – upheld prominent human rights defender Nabeel Rajab’s five-year prison sentence on spurious charges of tweeting and re-tweeting criticism of torture in Jau Prison and the war in Yemen, drawing criticism from the Office of the High Commissioner for Human Rights. With this decision, Rajab has exhausted all legal remedies to reverse the charges and will remain in prison until 2023. He has already served a two-year prison sentence on charges related to television interviews in which he discussed the human rights situation in the kingdom.

While Bahrain has several institutions tasked with oversight responsibilities and enforcing accountability for human rights abuses, we have grave concerns over their effectiveness, their independence, and their commitment to fulfilling their mandates. Similar concerns have been raised about other Bahraini institutions – the National Institution for Human Rights (NIHR) and the Ministry of Interior Ombudsman – by the UN Human Rights Committee. In the Committee’s first evaluation of Bahrain under the International Covenant on Civil and Political Rights (ICCPR) in July 2018, it found the NIHR largely lacked sufficient independence from the government. The European Parliament has also criticised the NIHR, including in a June 2018 resolution where the body expressed “regret” for the honours it has bestowed upon the NIHR. In the resolution, the European Parliament cited the institution’s lack of independence to fulfil its duties. The Ministry of Interior (MoI) Ombudsman has received sharp criticism, including from the UN Committee Against Torture (CAT). The CAT cited the Ombudsman’s lack of independence, impartiality, and efficacy in addressing complaints submitted to the institution.

Bahrain’s national institutions not only fail to implement human rights reforms, they help perpetuate and whitewash abuses. Both the Ombudsman and NIHR have released reports that sanitise violations like police brutality, while neglecting to address or condemn violent police raids on peaceful protests.

The failure of Bahrain’s human rights institutions to address serious abuses both reflects and promotes a broader culture of impunity in the country, where the government can continue to suppress free expression and civil society.

Despite these abuses and despite concerns from UN bodies, Bahrain has not been the subject of collective action in the United Nations Human Rights Council (HRC) since a joint statement in September 2015 at HRC 30. Since then, the government has taken increased steps to limit fundamental freedoms, including restricting the rights to free expression, free assembly, free association, and free press, dissolving political opposition societies and jailing human rights defenders, religious leaders, and political figures. However, even as Bahrain has embarked on this campaign to suppress opposition and dissent, state action on Bahrain in the HRC has been limited to individual condemnations by various governments under Agenda Items 2 and 4.

Despite this lack of joint action, the Office of the High Commissioner has been consistently vocal about Bahrain’s rights abuses, and we are very appreciative of the Office’s attention over the past several years. Your predecessor raised concerns about Bahrain in his opening statements at the HRC, including at the 36th Council session, where he highlighted restrictions on civil society and the kingdom’s lack of engagement with international human rights mechanisms, and at 38th Council session, in which he reiterated past concerns and sharply criticised Bahrain for its continued refusal to co-operate with the Office of the High Commissioner and the mandates of the Special Procedures.

We believe that this UN scrutiny is now even more necessary as Bahrain assumes a seat on the Council as a Member State.

We strongly urge you to continue to monitor the situation, to publicly express your concerns to Bahraini officials, and to call on the Bahraini government to meet its international obligations, including those concerning protecting and promoting civil society. Without an independent, viable civil society in the country there can be no serious domestic pressure on the government to relax restrictions and ease repression.

We call on you to highlight Bahrain’s restrictions on civil society, targeting of human rights defenders, dissolution of political opposition, and unrelenting attacks on free expression in your opening statement at the 40th Human Rights Council session, the first session of which Bahrain is a member of the Council.

Sincerely,

Americans for Democracy & Human Rights in Bahrain (ADHRB)
Adil Soz – International Foundation for Protection of Freedom of Speech
ARTICLE 19
Bahrain Center for Human Rights
Cairo Institute for Human Rights Studies (CIHRS)
Cartoonists Rights Network International (CRNI)
Center for Media Studies & Peace Building (CEMESP)
Centre for Independent Journalism (CIJ)
Foro de Periodismo Argentino
Freedom Forum
Independent Journalism Center (IJC)
Index on Censorship
Initiative for Freedom of Expression – Turkey
Maharat Foundation
Mediacentar Sarajevo
Media Foundation for West Africa (MFWA)
Norwegian PEN
OpenMedia
Pacific Islands News Association (PINA)
PEN America
Southeast Asian Press Alliance (SEAPA)
South East Europe Media Organisation
Syrian Center for Media and Freedom of Expression (SCM)
Vigilance for Democracy and the Civic State
Asian Human Rights Commission (AHRC)
Association for Human Rights in Ethiopia (AHRE)
Bahrain Institute for Rights and Democracy
Cairo Institute to Human Rights Studies (CIHRS)
CIVICUS
European Centre for Democracy and Human Rights
Odhikar (Bangladesh)
Center for Civil Liberties (Ukraine)
Sudanese Development Initiative (Sudan)
JOINT Liga de ONGs em Mocambique
West African Human Rights Defenders Network
Latin American Network for Democracy (REDLAD)
Ligue Burundaise des Droits de l’homme ITEKA
Organisation Tchadienne Anti-Corruption (OTAC)[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”4″ element_width=”6″ grid_id=”vc_gid:1549278314945-d1d5bcda-455e-2″ taxonomies=”716″][/vc_column][/vc_row]