Bahrain must end judicial harassment of Faisal Hayyat

On 29 November Faisal Hayyat was sentenced to 3 months in prison

On 29 November Faisal Hayyat was sentenced to 3 months in prison

To: Sheikh Hamad bin Isa Al Khalifa
King of Bahrain

CC :
Hon. Zeid Ra’ad Zeid al-Hussein
High Commissioner for Human Rights

Mr. John F. Kerry
United States Secretary of State

Frederica Mogherini
High Representative of the European Union for Foreign Affairs and Security Policy

The Right Honorable Boris Johnson
Foreign & Commonwealth Office

King Hamad,

We, the undersigned, express our deep concern with the Government of Bahrain’s campaign targeting journalists and activists exercising their right to free expression. On 9 October 2016, the Public Prosecution charged Faisal Hayyat, a sports journalist and social media activist, with insulting a sect and a religious figure. The government’s repeated harassment of Faisal and other online activists demonstrate the ongoing criminalization of free expression in Bahrain.

Faisal Hayyat is a renowned journalist and has appeared on various sports channels and has written for local Bahraini newspapers, Alalam, Albilad, and Akhbar Al Khaleej. He directs and presents short video programs online that provide critical perspectives on local politics.

Bahraini officials previously arrested Faisal in April 2011 for his involvement in the 2011 pro-democracy protests. The Bahraini security forces detained him for 84 days. During his detainment, authorities subjected Faisal to physical and psychological torture, including sexual harassment and degrading treatment. He has been vocal about this and recently published a letter on social media to the Bahraini Minister of Interior detailing the torture to which the government had subjected him. Government authorities never provided compensation for the abuse and never held any officials accountable. In the letter Faisal mentions, “I write this and I know it may cost me my freedom.”

On 7 October, Faisal published tweets commenting on events from early Islamic history. Two days later, Faisal was arrested and charged with “insulting a sect.” The government is therefore treating Faisal Hayyat’s opinion on events of Islamic history as a criminal liability. The government’s decision to prosecute him infringes both his freedom of expression and religion.

The undersigned NGOs believe Faisal has been targeted as part of a silencing campaign against critical voices of the government. Recently, the Bahraini government has brought further criminal charges against human rights defender Nabeel Rajab for an open letter published in the New York Times, and against political opposition leader Ebrahim Sharif for an interview he gave with the Associated Press. Furthermore, the opposition politician Fedhel Abbas received three years in prison for tweets criticizing the war in Yemen.

We, therefore, call on the authorities to respect Article 19 of the International Covenant on Civil and Political Rights (ICCPR), which mandates that “Everyone shall have the right to freedom of expression.” The Bahraini government must also respect Article 19 of the Universal Declaration of Human Rights (UDHR), which mandates that “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontier.”

As organisations concerned with the right to freedom of expression, we call on the Government of Bahrain to:

■ Immediately and unconditionally release Faisal Hayyat, Nabeel Rajab, and all internet users arrested and imprisoned for merely exercising their right to freedom of expression; and
■ Abide by international human rights standards, including the ICCPR and UDHR, by upholding the right to freedom of expression without any restrictions.

Signed,

Americans for Democracy and Human Rights in Bahrain
Adil Soz – International Foundation for Protection of Freedom of Speech
Afghanistan Journalists Center
Africa Freedom of Information Centre
Albanian Media Institute
ARTICLE 19
Bahrain Center for Human Rights
Bytes for All
Cambodian Center for Human Rights
Canadian Journalists for Free Expression
Center for Independent Journalism – Romania
Centre for Independent Journalism – Malaysia
Freedom Forum
Freedom House
Free Media Movement
Gulf Centre for Human Rights
Human Rights Network for Journalists – Uganda
Hungarian Civil Liberties Union
Independent Journalism Center – Moldova
Index on Censorship
Institute for Reporters’ Freedom and Safety
Institute for the Studies on Free Flow of Information
International Federation of Journalists
International Press Centre
International Press Institute
Maharat Foundation
MARCH
Media, Entertainment and Arts Alliance
Media Institute of Southern Africa
Palestinian Center for Development and Media Freedoms – MADA
PEN American Center
PEN International
Reporters Without Borders
Social Media Exchange – SMEX
South East European Network for Professionalization of Media
Vigilance pour la Démocratie et l’État Civique
World Association of Community Radio Broadcasters – AMARC
World Association of Newspapers and News Publishers

Bahrain Institute for Rights and Democracy (BIRD)
Bahrain Press Association (BPA)
Burundi Child Rights Coalition
English PEN
European – Bahraini Organisation for Human Rights (EBOHR)
European Center for Democracy and Human Rights (ECDHR)
International Federation for Human Rights (FIDH)
Project on Middle East Democracy (POMED)
Salam for Democracy and Human Rights
Union de Jeunes pour la Paix et le Developpement

Bahrain: Human rights defender Ghada Jamsheer remains in jail despite poor health

ghada-jamsheer

Women’s rights defender, writer and blogger Ghada Jamsheer remains in jail in Bahrain serving a combined ten-month sentence for exercising her right to free expression on Twitter. On 7 November 2016, Jamsheer appeared before Judge Mohamed Al-Khalifa of the High Criminal Court of Appeal to request that she be freed to serve out the remainder of her sentences outside of jail due to health concerns, however, the judge has not yet informed her of his decision.

The undersigned more than 20 rights groups from around the world call for the sentence to be overturned, as it violates her right to free expression, and for Jamsheer to be freed immediately so she can receive proper treatment for her debilitating rheumatoid arthritis.

Jamsheer, President of the Women’s Petition Committee (WPC), is being held in connection with multiple sentences imposed relating to her tweets exposing corruption within the management of King Hamad Hospital, which is run by members of the ruling family.

Jamsheer was detained on 15 August 2016 upon arrival from London where she was receiving medical treatment for her arthritis. She reports that she needs medication to ease the pain but fears that she will risk her health if she takes the medication in jail because it compromises her immunity. Jamsheer showed the Judge her medical reports, which have been translated into Arabic.

Following the hearing on 7 November, she was returned to Isa Town women’s prison, where conditions are cold and unsanitary. She was told she would receive a decision within a week. The hearing was well-attended by lawyers and other observers, including a representative of the United States Embassy.

On 22 June 2016, Jamsheer was sentenced on appeal to prison by the Second High Criminal Court for four cases of defamation related to her tweets. She was originally misinformed that she was facing one year, but was told after her arrest in August that she is serving a ten-month term. She has now spent three months in prison this year, in addition to three months served when she was first arrested under the same charges on 15 September 2014.

Jamsheer has 12 charges against her related to this case. She was fined 10,000 dinars (approx. USD$26,500) for defamation of the management of the hospital. In addition, she was also sentenced to one year in prison (suspended) on trumped up charges of allegedly “assaulting a police officer” while in custody.

Jamsheer was featured in the #SheDefends campaign on 28 October, organised by the Women Human Rights Defenders Middle East and North Africa Coalition.

Over 250 people have called for her freedom by signing a petition in support of Jamsheer and women human rights defenders in Bahrain. Supporters are still signing the petition athttps://action.manifesta.net/petitions/ask-the-king-of-bahrain-to-stop-persecuting-women-human-rights-defenders

We, the undersigned organisations, call on the government of Bahrain to:

  1. Immediately and unconditionally free Ghada Jamsheer;
  2. Overturn the sentence against Ghada Jamsheer, which violates her right to free expression;
  3. Immediately and unconditionally free all detained human rights defenders in Bahrain;
  4. At the very minimum, ensure all prisoners, including Ghada Jamsheer and other human rights defenders, have access to proper medical treatment and ensure conditions in prison necessary to maintain health; and
  5. End all forms of reprisals against human rights defenders and other activists, including travel bans, in violation of their rights to freedom of assembly and freedom of expression.

Signed:

Americans for Democracy and Human Rights in Bahrain

Arabic Network for Human Rights Information

Article 19

Association for Women’s Rights in Development

Bahrain Institute for Rights and Democracy

Bahrain Center for Human Rights

Bahraini Organisation for Human Rights

Civicus

Front Line Defenders

Gulf Centre for Human Rights

FIDH, within the framework of the Observatory for the Protection of Human Rights Defenders

Brian Dooley, Human Rights First

Index on Censorship

International Service for Human Rights

Lawyer’s Rights Watch Canada

Nazra for Feminist Studies

No Peace Without Justice

Reporters Without Borders

Urgent Action Fund for Women’s Human Rights

Women Human Rights Defenders International Coalition

Women Human Rights Defenders Coalition in the Middle East and North AfricaCoalition

World Organisation Against Torture, within the framework of the Observatory for the Protection of Human Rights Defenders

Bahrain charges Ebrahim Sharif for AP interview after Prince Charles visit

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Bahrain’s public prosecution on Sunday 13 November charged leading opposition politician Ebrahim Sharif under article 165 of the penal code with “inciting hatred against the regime,” after he spoke to the Associated Press last week. We, the undersigned, consider this to be a violation of his right to freedom of expression and a reprisal against his political activity.

The charge carries a three-year sentence and comes after Prince Charles’ controversial visit to the Gulf monarchy last week. It is the latest development in the Bahraini government’s intensified crackdown on civil society in the past year.

Speaking on Prince Charles’ arrival in the country Sharif, the former leader of the secular National Democratic Action Society (Wa’ad), told AP he was afraid the visit would “whitewash” human rights abuses.

Sharif told AP: “I don’t see what’s gone on behind closed doors or whether the prince raised any questions of human rights. Bahrain’s government values its relations with the U.K. and if the U.K. puts its weight behind the improvement of human rights in Bahrain, the government will listen. They need friends.”

He further said: “All parties should compromise. We can’t have absolute power in the hands of the ruling family.”

“Ebrahim Sharif was expressing his opinion and no one should ever be prosecuted for that,” said Sayed Ahmed Alwadaei, Director of Advocacy at the Bahrain Institute for Rights and Democracy (BIRD). “Bahrain claims to be inclusive, that’s the image they tried to sell with Prince Charles’ visit. But Sharif’s prosecution reveals the barefaced lie.”

Prince Charles’ visit courted controversy, with campaigners accusing him of participating in a PR exercise aimed at hiding Bahrain’s poor human rights record. In his visit, the Prince of Wales highlighted religious tolerance in Bahrain, a theme also highlighted by visiting Middle East Minister Tobias Ellwood MP, visiting the Al Fateh Grand Mosque and Bahrain’s Hindu temple, and meeting members of the country’s Jewish community. But the royal tour failed to meet with members of the Shia community, who make up a majority of Bahrain’s citizen population, and who have faced heightened discrimination from the government in the past months. In August, five UN experts called on Bahrain to end its “persecution of Shias”.

Ebrahim Sharif is the former Secretary General of Wa’ad. He was a member of the Bahrain 13, a group of high profile activists arrested, tortured and sentenced by military court in 2011. He was released in June 2015, but re-arrested weeks later and sentenced to another year in prison for a political speech he gave calling for continued peaceful opposition. Sharif was released from prison in July 2016. He is currently under a travel ban order.

At the time of Sharif’s June 2015 release, the US State Department lifted an arms ban on Bahrain, citing “meaningful progress on human rights.” However, Bahrain’s Ministry of Interior re-arrested him less than three weeks later on charges of “inciting regime change and hatred and contempt against the regime.” A court found him guilty and sentenced him to one year in prison. As a result of the deteriorating human rights situation in the country, including Sharif’s re-arrest, both the US Senate and House of Representatives introduced bipartisan legislation calling for the resumption of an arms ban on the Bahrain Defense Force (BDF) and National Guard, forbidding the sale of weapons that could be used to suppress peaceful dissent. The bills would allow for the sale of arms only after the Secretary of State certifies that the Bahraini government has fully implemented all 26 recommendations made by the Bahrain Independent Commission of Inquiry (BICI) in 2011. As of 2016, the US State Department assessed that key recommendations of the BICI still have yet to be implemented by the Bahraini government and, Americans for Democracy & Human Rights in Bahrain (ADHRB), the Bahrain Center for Human Rights (BCHR), and BIRD have found that only two of the Commission’s recommendations have been fully implemented.

“Though the Bahraini government continues to falsely claim that it has implemented all 26 BICI recommendations, virtually all independent assessments reveal a complete failure to reform on key human rights issues,”said Husain Abdulla, Executive Director of ADHRB. “The prosecution of Ebrahim Sharif for his interview with AP follows the authorities’ decision to similarly charge prominent human rights defender and BCHR president Nabeel Rajab for his open letter in the New York Times. These actions clearly demonstrate that the government remains committed to suppressing all forms of criticism.”

The Government of Bahrain’s actions violate the freedom of expression, as protected under Article 19 of both the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, which Bahrain acceded to in 2006.

We condemn this violation of the right to free expression and call for the immediate dropping of all charges against Ebrahim Sharif, and all other persons prosecuted for their speech.

Signed,

Americans for Democracy & Human Rights in Bahrain (ADHRB)
Bahrain Center for Human Rights (BCHR)
Bahrain Institute for Rights and Democracy (BIRD)
European Centre for Democracy and Human Rights (ECDHR)
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