Bahrain
15.08.00
Urgent Interventions
Bahrain: unceasing use of 1974 State Security Act
Case BHR 150800
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Bahrain.
Brief description of the situation
The International Secretariat of OMCT welcomes the information from the Bahrain Human Rights Organisation (BHRO) that the interior ministry finally released three people on 12 August: Jaber Al-Shu’ala, Majeed Milad and Jaffer Al-Sayyah.
According to BHRO, Mr. Al-Shu’la had completed his sentence over two years ago, but the interior ministry continued jailing him. Majeed Milad and Jaffer Al-Sayyah were detained in January 1995 and sentenced to three years. They were released in 1998 for a few days and then re-detained under the provisions of the State Security Law.
OMCT remains deeply concerned by the unceasing use of the State Security Act to detain Bahraini citizens. According to BHRO, the Constitution states that "no person shall be arrested, detained, imprisoned, searched or compelled to reside in a specified place, except in accordance with the provisions of the law and under the supervision of the judicial authorities." However, in practice, in matters regarding arrest, detention, or exile, the 1974 State Security Act takes precedence. Under the State Security Act, persons may be detained for up to 3 years without trial for engaging in activities or making statements regarded as a threat to the broadly defined concepts of national harmony and security.
According to BHRO, there are many cases of persons who have been detained under the State Security Act for more than 3 years, or released for a few days and re-arrested to start a new period of detention for up to three years. For example, the case of Abdul-Wahab Hussain, (see OMCT Case BHR 160300/1), who was arrested on 17th March 2000 after spending an hour at home after his release earlier that evening at 9:30pm, following an order from the High Court of Appeal to release him on 14th March 2000.
Government security forces use the State Security Act to detain persons deemed to be engaging in antigovernment activities, including persons who attempted to exercise their rights of free speech, assembly, and association, or other rights. Activities that also may lead to detention, questioning, warning, or arrest by the security forces include: Membership in illegal organizations or those deemed subversive; painting antigovernment slogans on walls; joining antigovernment demonstrations; possessing or circulating antigovernment writings; preaching sermons considered by the Government to have an antigovernment political tone; and harbouring or associating with persons who committed such acts.
In its report to the UN Commission on Human Rights, the Working Group on Arbitrary Detention stated in its Decision (No. 35/1995), that: "the State Security Law does not make any distinction, in its provisions, between persons who, on the one hand, are prosecuted for having engaged in peaceful activities or activities undertaken in the exercise of their fundamental rights to freedom of religion, freedom opinion and expression, freedom of assembly and association and freedom to take part in the government of one's country - rights guaranteed by articles 18, 19, 20 and 21 of the Universal Declaration of Human Rights and articles 18, 19, 21, 22 and 25 of the International Covenant on Civil and Political Rights; and on the other hand persons who are prosecuted for having committed acts which constitute undue abuse of the exercise of the aforementioned rights."
The government maintained its policy of providing no information to the public concerning the numbers or identities of persons arrested, tried, convicted, acquitted or released under the State Security Law or brought before the State Security Court, where procedures did not meet basic fair trial standards and verdicts were not subject to appeal.
Action requested
Please write to the authorities in Bahrain urging them to:
i. put an immediate end to the use of arbitrary detention of people by the police and take all necessary measures to guarantee their physical and psychological integrity, and release them immediately in the absence of valid charges;
ii. abrogate 1974 State Security Law and all national laws which are not in compliance with international human rights standards;
iii. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
His Highness Ilamad Bin Issa Al Khalifa, Office of His Highness the Amir, P.O. Box 555, The Amiri Court, Rifa'a Palace, Bahrain. Fax : + 973 668884. Telex : 8666 Qasar BN; 8500 Qasar BN
His Excellency Al-Shaikh Khalifa Bin Salman Al Khalifa, Prime Minister, P.O. Box 1000, al-Manama, Bahrain. Telex : 9336 PROM BN or 7889 PMPO BN. FAX: + 973 533033.
His Excellency Al-Shaikh Mohammed Bin Khalifa Al Khalifa, Minister of Interior, P.O. Box 13, al-Manama, Bahrain. Fax : + 973 276765 or 290526 or 754303. Telex : 9572 PSMKT BN OR 8333 ALAMAN BN
Geneva, August 15, 2000
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Bahrain.
Brief description of the situation
The International Secretariat of OMCT welcomes the information from the Bahrain Human Rights Organisation (BHRO) that the interior ministry finally released three people on 12 August: Jaber Al-Shu’ala, Majeed Milad and Jaffer Al-Sayyah.
According to BHRO, Mr. Al-Shu’la had completed his sentence over two years ago, but the interior ministry continued jailing him. Majeed Milad and Jaffer Al-Sayyah were detained in January 1995 and sentenced to three years. They were released in 1998 for a few days and then re-detained under the provisions of the State Security Law.
OMCT remains deeply concerned by the unceasing use of the State Security Act to detain Bahraini citizens. According to BHRO, the Constitution states that "no person shall be arrested, detained, imprisoned, searched or compelled to reside in a specified place, except in accordance with the provisions of the law and under the supervision of the judicial authorities." However, in practice, in matters regarding arrest, detention, or exile, the 1974 State Security Act takes precedence. Under the State Security Act, persons may be detained for up to 3 years without trial for engaging in activities or making statements regarded as a threat to the broadly defined concepts of national harmony and security.
According to BHRO, there are many cases of persons who have been detained under the State Security Act for more than 3 years, or released for a few days and re-arrested to start a new period of detention for up to three years. For example, the case of Abdul-Wahab Hussain, (see OMCT Case BHR 160300/1), who was arrested on 17th March 2000 after spending an hour at home after his release earlier that evening at 9:30pm, following an order from the High Court of Appeal to release him on 14th March 2000.
Government security forces use the State Security Act to detain persons deemed to be engaging in antigovernment activities, including persons who attempted to exercise their rights of free speech, assembly, and association, or other rights. Activities that also may lead to detention, questioning, warning, or arrest by the security forces include: Membership in illegal organizations or those deemed subversive; painting antigovernment slogans on walls; joining antigovernment demonstrations; possessing or circulating antigovernment writings; preaching sermons considered by the Government to have an antigovernment political tone; and harbouring or associating with persons who committed such acts.
In its report to the UN Commission on Human Rights, the Working Group on Arbitrary Detention stated in its Decision (No. 35/1995), that: "the State Security Law does not make any distinction, in its provisions, between persons who, on the one hand, are prosecuted for having engaged in peaceful activities or activities undertaken in the exercise of their fundamental rights to freedom of religion, freedom opinion and expression, freedom of assembly and association and freedom to take part in the government of one's country - rights guaranteed by articles 18, 19, 20 and 21 of the Universal Declaration of Human Rights and articles 18, 19, 21, 22 and 25 of the International Covenant on Civil and Political Rights; and on the other hand persons who are prosecuted for having committed acts which constitute undue abuse of the exercise of the aforementioned rights."
The government maintained its policy of providing no information to the public concerning the numbers or identities of persons arrested, tried, convicted, acquitted or released under the State Security Law or brought before the State Security Court, where procedures did not meet basic fair trial standards and verdicts were not subject to appeal.
Action requested
Please write to the authorities in Bahrain urging them to:
i. put an immediate end to the use of arbitrary detention of people by the police and take all necessary measures to guarantee their physical and psychological integrity, and release them immediately in the absence of valid charges;
ii. abrogate 1974 State Security Law and all national laws which are not in compliance with international human rights standards;
iii. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
His Highness Ilamad Bin Issa Al Khalifa, Office of His Highness the Amir, P.O. Box 555, The Amiri Court, Rifa'a Palace, Bahrain. Fax : + 973 668884. Telex : 8666 Qasar BN; 8500 Qasar BN
His Excellency Al-Shaikh Khalifa Bin Salman Al Khalifa, Prime Minister, P.O. Box 1000, al-Manama, Bahrain. Telex : 9336 PROM BN or 7889 PMPO BN. FAX: + 973 533033.
His Excellency Al-Shaikh Mohammed Bin Khalifa Al Khalifa, Minister of Interior, P.O. Box 13, al-Manama, Bahrain. Fax : + 973 276765 or 290526 or 754303. Telex : 9572 PSMKT BN OR 8333 ALAMAN BN
Geneva, August 15, 2000
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.