Conditional release of Mr. Hussain Jawad

BHR001 / 0215 / OBS 011.3

Release / Judicialharassment

Bahrain

May 22, 2015

The Observatory for the Protection of Human Rights Defenders, a jointprogramme of the International Federation for Human Rights (FIDH) and the WorldOrganisation Against Torture (OMCT), as received new information and requestsyour urgent intervention in the following situation in Bahrain.

New information:

TheObservatory has been informed by reliable sources about the conditional releaseof Mr. Hussain Jawad, Chairman of the European-BahrainiOrganisation for Human Rights (EBOHR).

Accordingto the information received, on May 19, 2015, the 4th Lower CriminalCourt ordered the release from prison with the guarantee of his place ofresidence of Mr. Jawad, who had been imprisoned since February 16, 2015. Thisdecision follows three consecutive failures of the witnesses to attend thehearings, therefore reporting Mr. Jawad's case.

However,the judicial harassment of Mr. Jawad is not terminated and he will appearbefore court on May 29, 2015 on charges of “collecting funds from Bahrain andabroad without authorisation” (see background information).

Furthermore, in a separate case, Mr. Jawad is prosecuted for “criticisinggovernment institutions”, “insulting the flag and emblem of the country”,“attempting to disrupt public security” and “illegal gathering” (see backgroundinformation). Next hearing in this case is schedule on November 4, 2015.

TheObservatory calls on the Bahraini authorities to immediately andunconditionally drop all charges against Mr. Jawad, as he is targeted solelyfor his legitimate human rights activities.

Furthermore,although Mr. Jawad's lawyers' request to include the torture complaint into thelist of evidence had been accepted, on April 7, 2015, the 4th LowerCriminal Court did not review the complaint of torture, arguing that theinvestigation failed to identify the perpetrators. Therefore, the complaint hasnot been formally included into the list of evidence yet (see backgroundinformation).

TheObservatory is extremely concerned by the allegations of ill-treatment andtorture during detention, and urges the authorities to always guarantee thephysical and psychological integrity of Mr. Jawad, as well as to startimmediate and effective investigations into these allegations.

TheObservatory more generally urges the Bahraini authorities to put an end to allacts of harassment – both at judicial and physical levels – against Mr. Jawad,and to comply with relevant international human rights standards andinstruments, in particular the United Nations (UN) Convention Against Torture,the International Covenant on Civil and Political Rights, and the UNDeclaration on Human Rights Defenders, adopted by the UN General Assembly onDecember 9, 1998.

Background information:

OnFebruary 16, 2015, Mr. Hussain Jawad was arrested by masked police officers inplain clothes, who searched his house and confiscated his passport and mobilephone. Mr. Jawad was not informed about the reason of his arrest. After 10hours of incommunicado detention, Mr. Jawad managed to call his wife and informher that he was detained in the Criminal Investigations Directorate (CID). Healso informed her that he was ill-treated in detention.

OnFebruary 18, Mr. Jawad was taken to the Public Prosecution without his lawyeror family being informed. The Public Prosecution ordered the release of Mr.Jawad pending trial on charges of “illegal gathering” and “rioting”. However,until the time of writing, Mr. Jawad remains held at the CID.

OnFebruary 21, Mr. Jawad appeared before the Public Prosecution for another caseagainst him. He appeared to have suffered from physical and psychologicaltorture and ill-treatment. He was allegedly beaten, threatened with death, andthreatened that his wife would be harmed. He was also reportedly blind-folded,deprived of sleep and drinking water, and forced to constantly stand. He wasalso forced to listen to the screams of other inmates who appeared to have beenelectrically shocked, in order to scare him into signing confessions. His handsappeared to be swollen and bruised as a result of the hand-cuffs that were notremoved since his arrest.

Hewas also denied to go to the bathroom, and was beaten when he requested to doso. He was denied contact with his family and lawyer, and only managed to callhis wife twice. When he informed her in the first call that he was hurt, hesuffered retaliation. He was also sexually harassed where he was stripped nakedand groped.

Duringthe interrogation at the Public Prosecution, Mr. Jawad appeared to be not fullyconscious, hallucinating and falling asleep. His clothes were covered withurine. He was forced to sign confessions obtained under torture. He is nowfacing new charges based on these confessions of “collecting funds from Bahrainand abroad to support vandalising groups”. The Prosecution then ordered himseven days detention pending investigation.

OnFebruary 23, Mr. Jawad was brought to the Special Investigation Unit (SIU) forinterrogation about the complaint filed by his lawyers for allegations oftorture. On March 11, Mr. Jawad's wife, Asma Darwish, was summoned to testifybefore the SIU as a witness.

OnMarch 17, 2015, the 4th Lower Criminal Court held a hearing in thecase against Mr. Jawad and two other defendants on charges of “collecting fundsfrom Bahrain and abroad without authorisation". Mr. Jawad told the Courtthat he is a human rights defender and that he was tortured in order to signthe confessions[1].Mr. Jawad's lawyer requested his release and the inclusion of the torturecomplaint he filed into the list of evidence.

Mr.Hussain Jawad was previously arrested on November 23, 2013, and wasinterrogated about a speech he gave at a protest rally in 2013. He was releasedon bail on January 9, 2014, and remains charged with “criticising government institutions”,“insulting the flag and emblem of the country”, “attempting to disrupt publicsecurity” and “illegal gathering”.

Actions requested:

The Observatory urges the authorities of Bahrain to:

1. Immediatelyand unconditionally drop all charges against Mr. Jawad, as he is targetedsolely for his legitimate human rights activities;

2. Guarantee thephysical and psychological integrity of Mr. Hussain Jawad and all humanrights defenders in Bahrain;

3. Carry out anindependent and effective investigation into the allegations of tortureand ill-treatment against Mr. Hussain Jawad, in order to identify allthose responsible and apply them the sanctions provided by law;

4. Put an endto any act of harassment, including at the judicial level, and drop allcharges against Mr. Hussain Jawad as well as against all human rightsdefenders in Bahrain;
   
   
5. Conform inany circumstances with the provisions of the Declaration on Human RightsDefenders, adopted on December 9, 1998 by the United Nations GeneralAssembly, in particular:

- its Article 1, whichstates that “everyone has the right, individually or in association with others, to promote the protectionand realization of human rights and fundamentalfreedoms at the national and international levels” ;

- its Article6 (c) which states that “everyone has the right, individually and inassociation with others to study, discuss, form and hold opinions on theobservance, both in law and in practice, of all human rights and fundamentalfreedoms and, through these and other appropriate means, to draw publicattention to those matters” ;

- and itsArticle 12.2 which states that “the State shall take all necessary measures toensure the protection by the competent authorities of everyone, individuallyand in association with others, against any violence, threats, retaliation, defacto or de jure adverse discrimination, pressure or any other arbitrary actionas a consequence of his or her legitimate exercise of the rights referred to inthe present Declaration”.

vi. Ensure in allcircumstances respect for human rights and fundamental freedoms in accordancewith international human rights standards and international instrumentsratified by Bahrain.

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 : 00973 17 21 05 75 ; ofd@mofa.gov.bh

· Cheikh Khalid bin Ali AL KHALIFA, Ministerof Justice and Islamic Affairs, Tel : +973 175 133 00 ; Fax : +973 175 31 284

· Lt. Gen. Cheikh Rashed bin Abdulla ALKHALIFA, 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

· H.E. Ahmed Mohammed Yousif Aldoseri,Ambassador of the Kingdom of Bahrain to the Kingdom of Belgium, Embassy of theKingdom of Bahrain, Avenue Louise 250, 1050 Brussels, Belgium ; Fax : 0032 (0)26472274 ; E-mail : Brussels.mission@mofa.gov.bh

Please also write to diplomatic representationsof Bahrain in your respective countries.

[1] Unofficial translation : “I am a human rights defender and I dreamt of acountry where human rights defenders in it are respected. I was beaten,punched, kicked and tortured. I was prevented from sleeping. I was threatenedto be raped. I was sexually harassed. I don't know why I am still held behindbars. I call upon you to release me. I didn't commit any crime and thoseconfessions in front of you were all taken under torture. I have given mytestimony to the Special Investigation Unit of the Public Prosecution about allof that in details. I am the Chairman of the European Bahraini Organisation forHuman Rights, and I have not committed any crime”.