Foreign Secretary: Use UK influence on Bahrain to free Nabeel Rajab, Zainab Al-Khawaja and Ghada Jamsheer

Dear Mr. Hammond,

We are writing to you in light of your current tour of Gulf Cooperation Council countries regarding the arbitrary arrest and detention of human rights defenders Nabeel Rajab, Zainab Al-Khawaja and Ghada Jamsheer in Bahrain for cases of peaceful expression.

Nabeel Rajab, the President of the Bahrain Center for Human Rights, Director of the Gulf Center for Human Rights (GCHR) and Deputy Secretary General of the International Federation for Human Rights (FIDH), remains in prison following his arrest for a tweet in which he expressed his view about the role Bahrain security institutions play as “incubators of ISIS ideology”.  Mr. Rajab had travelled to Bahrain from the United Kingdom following a European advocacy tour that included a panel at the House of Lords.

His detention has been criticised internationally. The United Nations has warned that it sends a “chilling message”. The Norwegian government has recently advised that the arrest of Mr. Rajab sends a negative message and has called for his immediate release. The European Parliament Subcommittee on Human Rights has voiced serious concerns over his arrest and detention and the United States State Department has called on Bahrain to drop the charges against him.

We urge the United Kingdom to add its voice to these universal calls. As a close ally to Bahrain, the UK has influence that could result in steps to release human rights defenders and political prisoners in Bahrain. You will recall that the UK signed a joint statement during the 26th session of the UN Human Rights Council, which urged the government of Bahrain “to release all persons imprisoned solely for exercising human rights, including human rights defenders some of whom have been identified as arbitrarily detained according to the UN Working Group on Arbitrary Detention”. We ask you to follow up on this statement by calling for the immediate and unconditional release of both Mr. Rajab and Ms. Al-Khawaja who have been detained solely for exercising their human right to free expression.

Zainab Al-Khawaja is a prominent activist in Bahrain, who is facing serious charges of “publicly insulting the King” after ripping a photo of him during a court hearing. The case, which runs contrary to Bahrain’s international human rights obligations, was immediately transferred to the Higher Criminal Court in Bahrain meaning that she now faces up to seven years in prison for a peaceful act of expression. It is important to note that Ms. Al-Khawaja is eight months pregnant, and faces the possibility of going into labour in arbitrary detention.

Amnesty International has criticised the decision and called for her immediate release arguing”laws that prohibit insults or the disrespect of heads of state or other public figures are contrary to international human rights law and standards”.

Her sister Maryam Al-Khawaja, Co-Director of the GCHR, is also facing prison on charges of assault brought against her after she arrived in Bahrain on 30 August to try to visit her father, jailed human rights defender Abdulhadi Al-Khawaja, founder of BCHR and GCHR. She was released after two weeks but is due in court on 5 November.

In addition to these cases, women’s rights defender Ghada Jamsheer was arrested and imprisoned on 15 September, on charges of defamation on Twitter. She remains in detention and will face court prosecution on charges related to her freedom of expression on 22 October.

The arrest and ongoing detention of both Mr. Rajab and Ms. Al-Khawaja threaten to destabilise further an already unstable country.  It is imperative that human rights advocates are not targeted for exercising their human rights peacefully. The work of human rights defenders often requires criticising governments as noted by the European Union Guidelines on Human Rights Defenders, which call for this role to be “recognised and supported”.

We urge the British government to demand the immediate release of all detained human rights defenders and activists in Bahrain.

Thank you for your consideration.

Sincerely,

Americans for Democracy and Human Rights in Bahrain (ADHRB)

Bahrain Center for Human Rights (BCHR)

Bahrain Institute for Rights and Democracy (BIRD)

English PEN

Gulf Centre for Human Rights (GCHR)

Index on Censorship

Pen International

Redress

Reprieve

 

Bahrain: Nabeel Rajab to face trial for expressing opinion

Nabeel Rajab during a protest in London in September (Photo: Milana Knezevic)

Nabeel Rajab during a protest in London in September (Photo: Milana Knezevic)

Human rights activist Nabeel Rajab will stand trial on 19 October for allegedly insulting Bahraini government institutions on Twitter.

On 1 October, Rajab, president of the 2012 Index Freedom of Expression Award winner Bahrain Centre for Human Rights (BCHR) and director of the Gulf Centre for Human Right (GCHR), was summoned by the cyber crimes unit of the Criminal Investigation Directorate. He is alleged to have “denigrated government institutions” on Twitter, according to the Ministry of Interior. Rajab was released in May after two years in prison on charges including making offensive tweets and taking part in illegal protests.

The arrest came shortly after Rajab’s return to Bahrain following an international trip to raise awareness of human rights violations in his country. He was calling for the release of human rights activists — and father and daughter — Maryam and Abdulhadi Al-Khawaja. Maryam has since been released on bail, her travel ban lifted and trial postponed until 5 November. Abdulhadi continues to serve the life sentence handed down to him in 2011, after playing a prominent role in the country’s pro-democracy protests that year.

Rajab had been scheduled to appear before a judge Thursday afternoon to decide on whether to extend his 7-day pre-trial detention or to release him. But he was summoned to appear before the public prosecutor this morning.

A new complaint was lodged with prosecutors by the Ministry of Defence (MOD) in relation to the tweet. The MOD claims the tweet was insulting to the country’s security and military institutions. This morning’s interrogation lasted about 40 minutes, during which Rajab denied the charges and said that he was expressing his views on a public issue that is open for public debate, and it is his right of freedom of expression.

Rajab then met with his lawyer, who said she found out from Twitter that he had been referred to trial before the Lower Criminal Court – Chamber III on 19th October 2014. Rajab is now detained pending trial.

Rajab is now facing the charge of insulting/offending Public bodies based on the complaints filed by the Ministry of Interior and the Ministry of Defense. This crime is punishable by fine or by imprisonment which could reach up to 3 years based on the provisions of Article 216 read with Articles and 54 and 56 of the Penal Code which provide that:

Article 216: “A person shall be liable for imprisonment or payment of a fine if he offends by any method of expression the National Assembly, or other constitutional institutions, the army, law courts, authorities or government agencies.”

Article 54: “Imprisonment means the spending by a convicted person of the term of the prison sentence in one of the prisons facilities intended for this purpose in accordance with the Law. A prison sentences shall not be less than 10 days and shall not be more than 3 years unless the law otherwise provides.”

Article 56: “A penalty involving payment of a fine means obliging a convicted person to pay to the State the amount specified in the judgment. A minimum fine shall be BD1 and the maximum thereof, shall BD1,000 in case of felony and BD500, without prejudice to the limits prescribed by the Law for each offence. In determining the fine, a judge shall give regard to the financial condition of the convicted person. He shall be empowered to exceed the maximum by no more than double the amount if he deems fit.”

In September, Rajab spoke to Index about the human rights situation in Bahrain.

This article was posted on 9 Oct 2014 at indexoncensorship.org.

Index calls on Bahrain government to free Nabeel Rajab

Nabeel Rajab, BCHR - winner of Bindmans Award for Advocacy at the Index Freedom of Expression Awards 2012

Nabeel Rajab, BCHR – winner of Bindmans Award for Advocacy at the Index Freedom of Expression Awards 2012

Index on Censorship has called upon the Bahraini government to release 2012 Index  Freedom of Expression Award winner Nabeel Rajab and other prisoners of conscience, and honour its promises to uphold freedom of expression.

Index’s Chief Executive Kirsty Hughes said:

“The continued imprisonment of Nabeel Rajab and other activists shows that Bahrain is not serious about reform. The targeting of human rights activists and imprisonment of prisoners of conscience shows that government commitments to reform are for now meaningless.

“Index calls on the Bahrain government to respect  the right to peaceful protest and the right to free speech, to end its violations of these rights and to implement fully the recommendations of the Bahrain Independent Commission for Inquiry (BICI).”

According to the Project on Middle East Democracy, the government of Bahrain has only succeeded in fully implementing three of the 26 recommendations made by the Bahrain Independent Commission for Inquiry (BICI) report in November 2011.

Members of the Bahrain Centre for Human Rights (BCHR) have faced repression from Bahrain’s regime for their tireless work documenting human rights violations committed by the government, since popular protests began on 14 February 2011. According to BCHR, there have been 89 deaths since the start of the country’s uprising.

In March 2012, accepting the Index on Censorship Advocacy award on behalf of BCHR, human rights activist Nabeel Rajab said that the international community heard little about uprisings in Bahrain because “we have oil”. He is currently serving a two-year sentence for organising so-called “illegal gatherings”. The founder of BCHR, Abdulhadi Alkhawaja, is on hunger-strike to protest his ill-treatment in prison. Alkhawaja is currently serving a life sentence for allegedly plotting to overthrow the ruling regime. His daughter Zainab is also on hunger strike and serving a three-month jail sentence.

In April, international attention will once again turn to Bahrain when it hosts the Formula 1 Grand Prix. Last year, the Bahraini government attempted to use the race to gain positive international attention while continuing to clamp down on protesters who are critical of the regime.