Arbitrary arrest and detention of Nabeel Rajab

NewInformation

BHR001 / 0512 / OBS 048.1

Arbitrary arrest and detention / Judicial harassment

Bahrain

June 8, 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 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 June 6, 2012, Mr.Nabeel Rajab was summoned by the Public Prosecutor, on June 2, 2012, after hetweeted the following: "Khalifa[2],leave the residents of Al Mahraq, its Sheikhs and its elderly. Everyone knowsthat you are not popular here, and if there wasn't a need for money, theywouldn't have gone out to receive you. When will you step down?"

On June 6, 2012, he was questioned at the PublicProsecution Office about these allegations and the Prosecutor ordered aseven-day imprisonment pending further investigation. Mr. Rajab was chargedwith “insulting in public” in accordance with Article 92 (1), (3) and 365 (1)of the Bahraini Penal Code. His lawyer requested his release on bail but theprosecution refused without giving any proper argument. After the seven- dayimprisonment, he will be presented before the judge who will either release himor put him back in detention. No hearing has been scheduled yet.

This arbitrary detention seems to merely aim at curtailingMr. Rajab's freedom of expression and at stifling his attempts to fightcorruption in Bahrain. The Observatory recalls that according to internationalstandards pre-trial detention should only be used where other measures ofrestraint are not possible.

The Observatory urges the Bahraini authorities to put an endto the harassment – including at the judicial level – against Mr. Rajab, and tocomply with the relevant international norms and standards, in particular theUnited Nations (UN) Declaration on Human Rights Defenders, adopted by the UNGeneral Assembly on December 9, 1998, and international human rights standardsand international instruments ratified by Bahrain.

The Observatory recalls that these events occur in thecontext of an intensified crackdown against activists, including human rightsdefenders, who have supported, or are alleged to have supported, the protestmovement which started in Bahrain in February 2011.

Backgroundinformation:

On May 5, 2012, Mr. Nabeel Rajab was arrested by plainclothes police officers upon arrival at Manama airport from Lebanon andtransferred to Al Hawra police station. The police officers who carried out thearrest stated that it had been ordered by Public Prosecution, however neitherMr. Rajab nor his lawyers were at the time informed 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 up to three years and a fine, are pressedagainst him in relation to tweets he posted deemed “insulting” to the Ministryof Interior. Mr. Rajab stated that he was the author of tweets posted throughhis account but that he did not recognise the jurisdiction of the Court and theProsecution given their lack of independence from the Executive. The PublicProsecutor remanded Mr. Rajab to detention for seven days.

On May 28, 2012, Mr. Rajab was released on bail after spending three weeks in detention. The three different sets ofcharges against him (“illegal gathering”, “calling others to gather” and“defaming the government” via twitter) have not yet been dropped, and he isbanned from travelling.

Mr. Rajab is scheduled to appear before court on June 17,2012, for the two cases in which he is charged with “illegal gathering” and “disturbingpublic order”, and again on June 24, 2012 inanother case in which he is charged with “insulting statutory bodies.”

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 the right, individually or in association with others, to promote the protection and realization of human rights and fundamental freedoms at the national and international 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 of Bahrain,Fax: +973 176 64 587

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

· Cheikh Khalid bin Ali AL KHALIFA, Minister of Justiceand 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 +97317390000.Email: info@interior.gov.bh

· Permanent Mission of Bahrain to the United Nations inGeneva, 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, June 8, 2012

Kindlyinform us of any action undertaken quoting the code of this appeal in yourreply.

TheObservatory, a FIDH and OMCT venture, is dedicated to the protection of HumanRights Defenders and aims to offer them concrete support in their time of need.

Tocontact the Observatory, call the emergency line:

• E-mail: Appeals@fidh-omct.org

· Tel and fax FIDH + 33(0) 1 43 55 25 18 / +33 1 43 55 18 80

• Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29

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

[2] Referring to Khalifa ibn Sulman al-Khalifa, Prime Minister of Bahrain.