Arbitrary arrest and detention of Mr. Nabeel Rajab

NewInformation

BHR001 / 0512 / OBS 048.2

Arbitrary arrest and detention / Judicial harassment

Bahrain

July 10, 2012

The Observatory for the Protection of Human RightsDefenders, a joint programme of the International Federation for Human Rights(FIDH) and the World Organisation Against Torture (OMCT), has received newinformation and requests your urgent intervention in the following situation inBahrain.

Newinformation:

The Observatory has been informed by reliable sources aboutthe new arbitrary arrest of Mr. NabeelRajab,President of the Bahrain Centre for Human Rights (BCHR), Director of the GulfCentre for Human Rights (GCHR) and FIDH Deputy Secretary General[1].

According to the information received, on July 9 at 1:30pm, police cars surrounded Mr. Rajab's house, and masked police officersentered the house and forcibly arrested him[2].Mr. Rajab is currently being held in Jaw Central Prison.

The police officers who arrested Mr. Rajab were carrying anarrest warrant issued by the presiding judge of the 5th LowerCriminal Court, which sentenced Mr. Rajab on the same day to three monthsimprisonment for allegedly libelling the residents of Al Muhraq through tweetsposted on his twitter account (see background information).

Mr. Rajab's lawyers immediately filed two appeals followingthe verdict: the first one to request the suspension of the sentence which wasrejected by the judge, and the second one to request that the three monthsimprisonment sentence be commuted into community work, in accordance withArticle 371 of the Bahraini Criminal Code.

The first hearing of the second appeal is scheduled to takeplace on July 18, 2012 before the Higher Appeal Court.

The Observatory denounces the new arbitrary detention ofMr. Nabeel Rajab, which seems to merely aim at hindering his human rightsactivities and at stifling his attempts to fight corruption in Bahrain. TheObservatory also recalls that normally, Courts issue fines for cases of libel,and not imprisonment sentences.

The Observatory calls for the immediate and unconditionalrelease of Mr. Rajab, and is extremely concerned about the fact that four caseshave been filed against him since May 2012.

The Observatory more generally urges the Bahrainiauthorities to put an end to all acts of harassment – including at the judiciallevel – against Mr. Rajab, and to comply with the relevant international normsand standards, in particular the United Nations (UN) Declaration on HumanRights Defenders, adopted by the UN General Assembly on December 9, 1998, andinternational human rights standards and international instruments ratified byBahrain.

Backgroundinformation:

On May 5, 2012, Mr. Nabeel Rajab was arrested by plain clothes police officers upon arrival atManama airport from Lebanon and transferred to Al Hawra police station. Thepolice officers who carried out the arrest stated that it had been ordered byPublic Prosecution, however neither Mr. Rajab nor his lawyers were at the timeinformed of the reasons for his arrest.

The following day, Mr. Rajab was taken to court were hefaced charges of “participating in an illegal assembly” and “calling others tojoin”, in relation to a protest organised on March 31, 2012 in Manama todenounce the detention of human rights defender Abdulhadi Al Khawaja, founder of GCHR, former President of the Bahrain Centrefor Human Rights (BCHR), and former MENA Director at Front Line. Mr. Rajabdenied the charges. The trial was postponed to May 22, 2012.

Later,the same day, Mr. Rajab was presented before the Public Prosecutor who informedhim of the reasons for his arrest. According to Mr. Rajab's lawyers, charges of“insulting the statutory bodies”, pursuant to Article 216 of the Penal Code,which carry a term of imprisonment of upto three years and a fine, are pressed against him in relation to tweets heposted deemed “insulting” to the Ministry of Interior. Mr. Rajab stated that hewas the author of tweets posted through his account but that he did notrecognise the jurisdiction of the Court and the Prosecution given their lack ofindependence from the Executive. The Public Prosecutor remanded Mr. Rajab todetention for seven days.

On May 28, 2012, Mr. Rajab was released on bail after spending three weeks in detention.

On June 6, 2012, Mr. Nabeel Rajab was summoned by thePublic Prosecutor, after he tweeted the following on June 2, 2012: "Khalifa, leave the residents of Al Mahraq, its Sheikhs and its elderly.Everyone knows that you are not popular here, and if it wasn't for thesubsidies, they wouldn't have gone out to welcome you. When will you step down?".

On the same day, the Prosecutor ordered a seven-dayimprisonment pending further investigation. Mr. Rajab was charged with“insulting in public” in accordance with Article 92 (1), (3) and 365 (1) of theBahraini Penal Code.

On June 27, 2012, the Court issued its final verdictregarding the tweet of “insulting the statutory bodies” ordering Mr. Rajab topay a fine of 300 Bahraini dinars, and lifting the travel ban. Mr. Rajab wasfinally released on June 27, 2012 after spending three weeks in prison.

Mr. Nabeel Rajab is scheduled to appear before court onJuly 19, 2012, for “participation in illegal gathering and calling for a marchwithout prior notification”, in Manama. In addition, he is due to appear beforecourt on the September 26, 2012 for charges of “involvement in illegalpractices and incitement to gatherings and calling for unauthorised marchesthrough social networking sites”.

Actionsrequested:

The Observatory urges the authorities of Bahrain to:

1. Guarantee the physical and psychological integrity of Mr. Nabeel Rajab and all human rights defenders in Bahrain;

2. Release Mr. Nabeel Rajab immediately and unconditionally as his detention seems to merely sanction his human rights activities and is contrary to national and international law;

3. Put an end to any act of harassment, including at the judicial level, against Mr. Nabeel Rajab and against all human rights defenders in Bahrain;
   
   
4. Conform in any circumstances with the provisions of the Declaration on Human Rights Defenders, adopted on December 9, 1998 by the United Nations General Assembly, in particular:

- its Article 1, which states that “everyone has theright, individually or in association with others, to promote the protectionand realization of human rights and fundamental freedoms at the national andinternational levels” ;

- its Article 6 (c) whichstates that “everyone has the right, individually and in association withothers to study, discuss, form and hold opinions on the observance, both in lawand in practice, of all human rights and fundamental freedoms and, throughthese and other appropriate means, to draw public attention to thosematters” ;

- and its Article 12.2which states that “the State shall take all necessary measures to ensure theprotection by the competent authorities of everyone, individually and inassociation with others, against any violence, threats, retaliation, de factoor de jure adverse discrimination, pressure or any other arbitrary action as aconsequence of his or her legitimate exercise of the rights referred to in thepresent Declaration”.

vi. Ensure in all circumstancesrespect for human rights and fundamental freedoms in accordance withinternational human rights standards and international instruments ratified byBahrain.

Addresses:

· Cheikh Hamad bin Issa AL KHALIFA, King ofBahrain, Fax: +973 176 64 587

· Cheikh Khaled Bin Ahmad AL KHALIFA,Minister of Foreign Affairs, Tel: +973 172 27 555; Fax : +973 172 12 6032

· Cheikh Khalid bin Ali AL KHALIFA, Ministerof Justice and Islamic Affairs, Tel: +973 175 31 333; Fax: +973 175 31 284

· Lt. Gen. Cheikh Rashed bin Abdulla AL KHALIFA,Minister of Interior, Tel: +973 17572222 and +973 17390000. Email: info@interior.gov.bh

· Permanent Mission of Bahrain to the UnitedNations in Geneva, 1 chemin Jacques-Attenville, 1218 Grand-Saconnex, CP 39,1292 Chambésy, Switzerland. Fax:+ 41 22 758 96 50. Email: info@bahrain-mission.ch

Please also write to diplomaticrepresentations of Bahrain in your respective countries.

***

Paris-Geneva, July 10, 2012

[1] Mr. Rajabis also a member of the Advisory Committee of Human Rights Watch's Middle EastDivision and Chair of CARAM Asia.

[2] https://www.youtube.com/watch?v=nENlacyy3Sw&feature=youtu.be