On 7 April 2016, Bahraini foreign minister Sheikh Khaled bin Ahmed al-Khalifa told the US State Department during meetings with Secretary of State John Kerry that activist Zainab Al-Khawaja, who was imprisoned on 14 March along with her one-year-old son Abdulhadi, would be freed.
One month on, we are still waiting for her release.
Index on Censorship has repeatedly expressed concerns over the detention and treatment of Al-Khawaja. After being taken into custody, she was transferred to the Isa Town Detention Center, which has been criticised for its poor sanitation and regular outbreaks of Hepatitis C, to serve out her prison term. She was initially denied food for herself and her son.
In October 2015, Bahrain’s appeals court confirmed her conviction for insulting the king of Bahrain by tearing up a photograph of him and reduced her three-year prison sentence to one year.
“Zainab Al-Khawaja is serving prison term based on charges related to her right to freedom of expression and assembly,” said Index’s senior advocacy officer Melody Patry. “Her imprisonment violates international human rights standards and every day she spends in jail brings into question Bahrain’s commitment to democracy and the rule of law.”
“We call on Bahrain to keep the promise made to the US State Department a month ago to release Zainab Al-Khawaja with no further delay,” Patry added.
The Al-Khawaja family, who have been active in Bahrain’s pro-democracy movement, and have been harassed and targeted by authorities.
Al-Khawaja’s father, Abdulhadi Al-Khawaja, head of the 2012 Index Award-winning Bahrain Center for Human Rights, is serving a life sentence for the role he played in the 2011 demonstrations in Bahrain.
Bahrain must now adhere to its promise and free Zainab Al-Khawaja.
When we read about displaced people in the press, we usually hear about Syrian refugees fleeing IS or the one person per second displaced by natural disasters. We are less likely to be made aware of those who have become stateless through forced displacement.
Nationality is something most of us take for granted, but for the 10 million people worldwide who are effectively stateless, the issue is much less trivial.
Nationality is a fundamental right recognised in a series of international legal instruments, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights to which Bahrain is a signatory. The country repeatedly fails to comply with these obligations.
In 2014, new amendments to the country’s 1963 citizenship law further increased the power of the ministry of the interior and gave judges the authority to make anyone convicted under Bahrain’s anti-terrorism act, which fails to properly define terrorism, stateless.
In the case of Sayed Alwadaei, director of advocacy at the Bahraini Institute for Rights and Democracy (BIRD) and 71 others who were deprived of citizenship in January 2015, their “crimes” included vague terms such as “inciting and advocating regime change” to “defaming brotherly countries”.
Speaking to Index on Censorship, Alwadaei said: “Bahrain is setting up a dangerous precedent. No state has rendered as many of its citizens stateless in 2015. These revocations are politically motivated, and are becoming more common because they got away with it in 2012.”
“I was targeted because of my activism, and Bahrain considers human rights advocates as terrorists,” he added. “As I was not inside the country to face imprisonment, my nationality was the only way they could inflict pain on me. It was used as a tool to cause the maximum damage to stop my human rights work.”
While Alwadaei has not let the authorities take his identity, it does mean he is now stateless. “For my family, it means my infant son can’t have Bahraini citizenship, although his mother is also Bahraini.”
The danger for those made stateless inside Bahrain’s borders is that they do not have access to jobs, schools or health care and their bank accounts are closed, Alwadaei explains. “The people revoked of citizenship are at high risk of deportation by the court; many already have been under charges of ‘illegal residency’.”
These instances are also increasing. Between 21 February and 20 March 2016, five stateless Bahrainis were deported. One of these was Hussain Khairallah, whose citizenship had been revoked since 2012. He had been a union organiser and one of the medics who treated wounded protesters during the Bahrain’s Bloody Thursday in February 2011 when security forces launched a pre-dawn raid to clear a protest camp at Pearl Roundabout in Manama.
Hussain Khairallah who I tweeted about has been deported by force by the #Bahrain regime from his country, rendered stateless
12 April 2016
HM Hamad bin Isa al-Khalifa
King of Bahrain
Riffa Palace
Manama, Bahrain
Dear King Hamad,
We, the undersigned Bahraini and international non-governmental organizations (NGOs), would like to unequivocally condemn your government’s arrest of human rights defender Zainab Al-Khawaja along with her infant son. The implementation of Ms. Al-Khawaja’s prison sentence for merely exercising her right to free expression and assembly amounts to arbitrary detention is wholly unacceptable. While Foreign Minister Sheikh Khaled bin Ahmed Al-Khalifa indicated an intention to release her, she has not yet been freed from prison and we are concerned that these arbitrary charges remain against her. We therefore call on the Government of Bahrain to secure her immediate and unconditional release.
On 14 March 2016, security forces raided the home of Ms. Al-Khawaja’s parents-in-law looking for her. When they did not find her there, they went to her apartment and arrested Ms. Al-Khawaja along with her 15-month-old son, Abdulhadi. After they temporarily detained her and her son at the Al-Hoora police station, the authorities informed Ms. Al-Khawaja that she would be taken for a medical examination at the Ministry of Interior before being transferred to the Isa Town Detention Center to serve out her prison term. From the time of her arrest at 3:45 pm until her midnight arrival at the detention facility, security services denied Ms. Al-Khawaja any food for her son, despite repeated requests. Isa Town Detention Center has recently suffered an outbreak of Hepatitis C which puts both mother and son at risk. The demeaning and dangerous conditions of the detention center where Ms. Al-Khawja and her infant son are kept indicate a gender specific attempt to destabilize and hinder her peaceful human rights advocacy.
Bahraini courts sentenced Ms. Al-Khawaja to a total of three years and one month in prison, as well as a BHD 3,000 fine, on several charges related to her peaceful dissent and free expression. In December 2014, a court sentenced Ms. Al-Khawaja to three years and three months in prison on charges related to allegedly insulting a police officer during a peaceful protest and insulting the king by tearing up a photograph. In October 2015, Bahrain’s appeals court confirmed her conviction for insulting the king but reduced her sentence to one year in prison. Additionally, on 2 February 2016, the appeals court upheld a 9-month prison sentence against Ms. Al-Khawaja after she tried to visit her father, human rights defender Abdulhadi Al-Khawaja, in Jau Prison when he was on a hunger strike in August 2014.
The international community has repeatedly expressed grave concern over your government’s decision to prosecute Ms. Al-Khawaja for exercising her right to free expression and assembly. In 2014, the UN Chair-Rapporteur of the Working Group on Arbitrary Detention and the UN Special Rapporteurs on freedom of opinion and expression, human rights defenders, and freedom of peaceful assembly and of association urged your government to drop all charges against Ms. Al-Khawaja, warning that her detention could be considered arbitrary. A year later, these same Special Procedures issued a joint communication to your government stating that Ms. Al-Khawaja’s sentencing appears to “indicate a prima facie violation of the rights to freedom of opinion and expression and to freedom of association, as set forth in articles 19 and 22 of the ICCPR [International Covenant on Civil and Political Rights].” The United States Government has previously expressed concern over the fairness of Ms. Al-Khawaja’s trial, and – most recently – the Government of Denmark has raised Ms. Al-Khawaja’s case at the 31st session of the Human Rights Council in Geneva, insisting that she and her son be released. Furthermore, Ms. Al-Khawaja’s arrest comes during a session of the UN Committee on the Status of Women, where your government is taking part in discussions on how to protect women rights globally, while targeting women human rights defenders locally.
On 7 April 2016, the Foreign Minister, Sheikh Khaled bin Ahmed Al-Khalifa, stated that the authorities intend to release Ms. Al-Khawaja on humanitarian grounds. Sheikh Khaled provided no timeline for her release and her family has received no further guarantee that the government will release Ms. Al-Khawaja from prison. However, the foreign minister did indicate that the government will not drop any of the charges against Ms. Al-Khawaja, leaving her vulnerable to her re-arrest at any time.
We would like to join this growing chorus of international voices in calling for the immediate and unconditional release of Zainab Al-Khawaja and her infant son. The broad criminalization of peaceful dissent and free expression in Bahrain, as well as the government’s continued harassment and detention of human rights defenders, contravenes your obligations under international law, and is wholly unacceptable.
Sincerely,
Americans for Democracy & Human Rights in Bahrain (ADHRB)
Arab Center for the Promotion of Human Rights (ACPHR)
Association for Women’s Rights in Development (AWID)
Bahrain Center for Human Rights (BCHR)
Bahrain Institute for Rights and Democracy (BIRD)
Canadian Journalists for Free Expression (CJFE)
Cartoonists Rights Network International
CIVICUS World Alliance for Citizen Participation
Electronic Frontier Foundation (EFF)
European-Bahraini Organisation for Human Rights (EBOHR)
European Center for Democracy and Human Rights (ECDHR)
Freedom Forum
Gulf Centre for Human Rights (GCHR)
Human Rights Network for Journalists – Uganda
Human Rights Sentinel
Index on Censorship
Institute for the Studies on the Free Flow of Information (ISAI)
Institute of the Press and Freedom of Expression (IPLEX)
International Federation for Human Rights (FIDH)
International Federation of Journalists (IFJ) Asia Pacific
Justice Human Rights Organization (JHRO)
Khiam Rehabilitation Center for Victims of Torture
Lawyers Rights Watch Canada (LRWC)
Maharat Foundation-Lebanon
MARCH
National Union of Somali Journalists (NUSOJ)
Nazra for Feminist Studies (Egypt)
Observatorio Latinoamericano para la Libertad de Expresión (OLA)
Pacific Islands News Association
Pakistan Press Foundation (PFF)
PEN America
PEN Canada
Saudi Organization for Rights and Freedoms
Salam for Democracy and Human Rights
Social Media Exchange (SMEX)
Vigilance for Democracy and the Civic State
World Association of Newspapers and News Publishers
A Bahraini court sentenced Ibrahim Sharif, former secretary-general of the secular, left-wing National Democratic Action Society, on 24 February to a year in prison over a speech made in 2015 calling for change in the kingdom.
Sharif was convicted on a charge of inciting hatred while acquitted on charges of promoting the toppling of Bahrain’s government.
Sharif’s lawyer, Sami Syadi, said he plans to appeal the ruling, and that he believed the time his client had already served would count toward his sentence.
Sharif was first sentenced to five years in prison in 2011. While in prison, he was tortured, held in solitary confinement for 56 days, and wasn’t allowed to contact his family or lawyer. He served four years and three months before being released on a royal pardon on 19 June 2015.
A month after his release, he made a speech in July during the annual commemoration of the killing of 16-year-old Hussam alHaddad by security forces in 2012. In it, he criticised the government for using violence to put down demonstrators, who were engaged in peaceful protests.
“In our case, there is no going back to building a wall of fear,” he said. “The government is only strong when we are cowards and is weak when we are courageous.”
He was subsequently re-arrested for the speech and spent seven months in custody before yesterday’s sentence.
Speaking to Index on Censorship before the ruling, his wife Farida Ghulam said: “Unfortunately, based on the last seven months of trials, it seems that the government is unwilling to entertain the basic right of freedom of speech and that Ebrahim may be sentenced again”
Index on Censorship calls for the immediate release of Ibrahim Sharif. His wife has previously written about the family’s ordeal in Index on Censorship, here and here.
