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Your Excellencies,
Ahead of and during the upcoming 56th Session of the Human Rights Council, we urge you and your delegation to raise concerns over the human rights situation in Bahrain, particularly regarding the continued arbitrary detention of human rights defenders and opposition leaders in Bahrain, many of whom have been wrongfully imprisoned since 2011.
Thirteen years since Bahrain’s popular uprising, systemic injustice has intensified and political repression targeting dissidents, human rights defenders, clerics and independent civil society has effectively shut any space for the peaceful exercise of the right to freedom of expression or peaceful activism in the country. Despite a series of legal reforms and the creation of new national human rights institutions, based on recommendations of the Bahrain Independent Commission of Inquiry, an independent panel commissioned by the King in response to international concern over the suppression of the 2011 protests, most of these measures have had little impact in practice.
The recent royal pardon issued by King Hamad bin Isa Al Khalifa on 8 April 2024, on the occasion of Eid Al-Fitr and the King’s Silver Jubilee, was a significant move. The pardon included the release of more than 650 political prisoners, marking a change in state policy from previous royal pardons, according to research conducted by the Bahrain Institute for Rights and Democracy. While the gesture is notable, Bahrain authorities must cease unjustly prosecuting their critics in the first place.
We also express concern that this pardon excluded many who played significant roles in the 2011 pro-democracy uprising, with an estimated 550 political prisoners remaining behind bars.
As Eid al-Adha approaches on 16 June 2024, and ahead of HRC56, we see a critical window of opportunity to advocate for further releases. We request that your governments continue to monitor the situation in Bahrain and raise concerns with Bahraini authorities at the highest level, publicly and privately. We further call on you to demand the immediate and unconditional release of all individuals imprisoned for their political beliefs and the retrial of those convicted and sentenced to death following unfair trials in full compliance with international fair trial standards.
We bring to your attention specific cases of individuals who remain unjustly imprisoned in Bahrain, in violation of their human rights and despite widespread international condemnation.
Over a decade ago, the Human Rights Council issued a statement of concern “about guarantees of due process in the trials of 13 political activists who had their sentences, including life sentences, upheld in January 2013.” We note that of the “13 political activists” referenced, ten remain arbitrarily detained, including some of those listed above.
In 2023, the Committee to Protect Journalists documented the imprisonment of journalists, including Ali Mearaj and Hassan Qambar, who were excluded from the recent releases.
Additionally, twenty-six individuals in Bahrain remain on death row at risk of imminent execution, many of whom allege torture and unfair trials. Mohammed Ramadhan and Husain Moosa, who have now spent over a decade unlawfully detained, were sentenced to death in an unfair trial marred by torture allegations.
In light of the above, we respectfully urge your delegation to take a proactive stance in the lead-up to Eid al-Adha and during the upcoming session and:
With assurances of our highest consideration.
Sincerely,
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21 June 2018 – Bahrain’s High Criminal Court acquitted the leader of Bahrain’s dissolved opposition party Al-Wefaq, Sheikh Ali Salman, of politically motivated charges related to espionage.
The verdict marked the end of a long, flawed trial. Sheikh Salman was acquitted alongside his two co-defendants and leading figures in the Al-Wefaq party, Sheikh Hassan Ali Juma Sultan and Ali Mahdi Ali Al-Aswad. Sheikh Salman’s co-defendants were tried in absentia.
Sheikh Salman is currently serving a four year sentence in Jau Prison in relation to another freedom of expression case.
Commenting, BIRD’s Director of Advocacy, Sayed Ahmed Alwadaei: “This case should never have been initiated in the first place: Sheikh Ali Salman had been used as a pawn in Bahrain’s game of power politics. Despite his acquittal, Sheikh Salman will continue to languish in Jau Prison for exercising his right to freedom of expression. His conviction must be overturned and he must be released immediately.”
Background Information: The Qatari Case
Timeline of Events According to Bahrain’s Public Prosecution
August 2017 – Bahrain’s state television broadcasted an audio recording of a phone call between Sheikh Salman and the then Prime Minister and Minister of Foreign Affairs of Qatar, Sheikh Hamad Bin Jassim Bin Jabr Al-Thani. This event triggered Sheikh Salman’s prosecution.
1 November 2017 – Sheikh Salman was summoned by the Public Prosecution and charged undermining the “political, economic position and national interests with the purpose of overthrowing the regime” in Bahrain. He had been accused of maintaining intelligence contacts with Qatar. More specifically, his allegations included revealing national defence secrets and accepting financial sums from a foreign country, namely Qatar.
12 November 2017 – The Public Prosecution referred the case to the High Criminal Court.
24 April 2018 – The Public Prosecution stated that the case was postponed to 21 June for sentencing.
The Qatari Mediation as Referenced by the 2011 BICI Report
Paragraph 527 of the 2011 report by Bahrain’s Independent Commission of Inquiry (BICI), cited opposition sources suggested that the then Prime Minister and Minister of Foreign Affairs of Qatar, Sheikh Hamad Bin Jassim Bin Jabr Al-Thani, could act as the sponsor of a proposed United States initiative. Opposition sources also indicated that the State of Qatar’s Emir, Sheikh Hamad bin Khalifa Al-Thani, attempted to mediate between the Bahraini Government and opposition parties in the following days, and that this initiative was accepted by the opposition but rejected by the Government.
However, the mediating role of Qatar never arose as an issue before the Qatari crisis of 2017.
Background Information: Freedom of Expression Case
Sheikh Salman is currently imprisoned in Jau Prison as a result of a separate conviction related to speeches he delivered in 2014 against parliamentary elections that his party boycotted. Some of Sheikh Salman’s charged included publicly inciting hatred, civil disobedience and for promoting change within the ruling government. He was initially sentenced to four years in June 2015, and increased to nine-year prison sentence by the appeal court and then reduced back to four years on 3 April 2017 by the highest court, In reality he was convicted in relation to peacefully exercising his right to freedom of expression, following a grossly unfair trial.
Early last year, Sheikh Salman was among the 12 opposition activists and human rights defenders who were subjected to degrading treatment in Jau Prison. Since then, he has been denied the right to family visitations and access to books.
International Responses
United Nations
In February 2015, five UN experts expressed concern for the arrest and detention of Sheikh Salman, and called for his release.
In September 2015, the UN Working Group on Arbitrary Detention (WGAD) officially declared Sheikh Salman to be arbitrarily detained. The WGAD cited both freedom of expression and due process concerns, requested for his immediate release and that he receive his enforceable right to compensation.
United Kingdom (UK)
On 15 June 2018, in response to a parliamentary question on Sheikh Salman’s case, UK MENA Minister Alistair Burt merely stated that the Foreign and Commonwealth Office had “raised the case at a senior level with the Government of Bahrain”. The Minister, however, has failed to publicly condemn the charges.
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[vc_row][vc_column][vc_column_text]We the undersigned call on Bahraini authorities to drop all charges and ensure the immediate and unconditional release of Sheikh Ali Salman, Secretary-General of Bahrain’s largest political opposition society, al-Wefaq National Islamic Society, who has been serving a four-year prison sentence for charges in response to political speeches he delivered in 2014, and who is now facing a potential death sentence in a groundless new trial on politically motivated charges.
Since his incarceration in 2014, several international bodies have spoken out against the imprisonment of Sheikh Ali Salman. On 30 December 2014, the UN High Commissioner for Human Rights (OHCHR) spokesperson urged Bahrain to immediately release Sheikh Ali Salman as well as all other persons convicted or detained for “merely exercising their fundamental rights to freedom of expression and assembly.” In addition, the European Union expressed concern about the sentence issued against Sheikh Ali Salman, and the United States Ambassador to the United Nations called the sentence against Sheikh Ali Salman a blow to freedom of expression.
However, despite the growing concern over the silencing of Sheikh Ali Salman and the subsequent 2017 dissolution of the political opposition society al-Wefaq, Bahraini authorities announced on 27 November 2017 the start of a new trial against him on charges of spying for Qatar.
The latest trial against Sheikh Ali Salman reinforces the closing of democratic space in the country; as the 2018 elections for Bahrain’s lower house of parliament approach, the government has forcibly dissolved Wa’ad, the largest secular leftist society, and indefinitely suspended Bahrain’s only independent newspaper Al-Wasat, in addition to upholding its arbitrary decision in 2017 to dissolve the political opposition society al-Wefaq.
On 24 April 2018, the High Criminal Court adjourned the new trial against Sheikh Ali Salman until 21 June, when it is expected to issue a verdict in the case. The Public Prosecution Office has called on the High Criminal Court to hand down the “maximum penalty” – which in this case could be a death sentence.
NGOs have decried this use of the judiciary to punish opposition activists for publicly expressing views that oppose the Bahraini government. The trial is in violation of Sheikh Ali Salman’s rights to liberty, fair trial, free expression, and free association.
We, the undersigned, call on Bahraini authorities to:
1. Drop all charges and ensure the immediate and unconditional release of Sheikh Ali Salman and the cancellation of the sentence issued against him in the previous case;
2. Stop prosecution of political dissidents and human rights activists for reasons related to freedom of expression;
3. Stop the arbitrary use of domestic legislation, including some articles of the Penal Code and the Law on the Protection of Society from Terrorist Acts, to criminalize the peaceful practice of freedom of opinion and expression;
4. Release all detainees who have been arrested for reasons related to exercising their fundamental rights to expression, organisation and peaceful assembly guaranteed by international laws.
Signed,
Bahrain Center for Human Rights
Adil Soz – International Foundation for Protection of Freedom of Speech
Africa Freedom of Information Centre (AFIC)
Americans for Democracy & Human Rights in Bahrain (ADHRB)
Arabic Network for Human Rights Information (ANHRI)
Bytes for All (B4A)
Cartoonists Rights Network International (CRNI)
Center for Media Studies & Peace Building (CEMESP)
Freedom Forum
Independent Journalism Center (IJC)
Index on Censorship
Initiative for Freedom of Expression – Turkey
Maharat Foundation
MARCH
Media Institute of Southern Africa (MISA)
Media Watch
National Union of Somali Journalists (NUSOJ)
Norwegian PEN
Pakistan Press Foundation
PEN American Center
PEN Canada
Social Media Exchange (SMEX)
South East Europe Media Organisation
Vigilance for Democracy and the Civic State
World Association of Community Radio Broadcasters (AMARC)
Bahrain Interfaith
Danish Pen
Global Human Rights Geneva
MENA Monitoring Group
No Peace Without Justice
Salam for Democracy and Human Rights
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