Continuing judicial harassment of Ms. Ghada Jamsheer, Head of the Women's Petition Committee

URGENT APPEAL - THEOBSERVATORY

New information

BHR002 / 0415 / OBS 030.2

Judicial harassment

Bahrain

November 3, 2015

The Observatory for the Protection ofHuman Rights Defenders, a joint programme of the International Federation forHuman Rights (FIDH) and the World Organisation Against Torture (OMCT), hasreceived new information and requests your urgent intervention in the followingsituation in Bahrain.

New information:

The Observatory has been informed byreliable sources about the continuing judicial harassment of Ms. GhadaJamsheer, Head of the Women's Petition Committee, an organisation whichcampaigns for the rights and dignity of women in the Shari'ah family courts.

According to information received, on October 1, 2015,the Second Lower Criminal Court held its first hearing against Ms. GhadaJamsheer on charges of “verbal and physical confrontation with a police woman”.The Court then adjourned the hearing to November 11, 2015. TheProsecution alleges that Ms. Jamsheer assaulted a police officer while she wasdetained in September 2014.

Besides, Ms. Jamsheer is facing other charges inappeal in a trial before the High Criminal Court of Appeal, related to aseparate case for allegedly “assaulting a police officer”, for which she hasbeen sentenced in first instance to one year in prison, suspended for threeyears (see background information). On October 29, the High Criminal Court ofAppeal refused the requests filed by Ms. Jamsheer[1]and adjourned the hearing to November 23 for the verdict.

The Observatory strongly condemns the continuousjudicial harassment of Ms. Ghada Jamsheer, which seems to merely aim atsanctioning her human rights activities, and calls upon the Bahrainiauthorities to immediately and unconditionally drop all charges against her.

Background information:

Over the past years, Ms. Jamsheer has comeunder permanent surveillance with a 24-hour presence of plainclothes PublicSecurity officials of the Ministry of the Interior in front of her home.

On September 14, 2014, Ms. Jamsheer wasarrested and arbitrarily detained for more than three months on allegations ofdefamation, in connection with messages posted via her Twitter accountcriticising corruption in the management of King Hamad Hospital in Bahrain,which is run by members of the ruling family. Various charges were broughtagainst Ms. Jamsheer based on the above-mentioned Twitter posts resulting intwelve criminal cases.

Hearings in a total of 12 criminal casesagainst Ms. Jamsheer have been regularly adjourned without any reason, inviolation of Ms. Jamsheer’s right to be tried within a reasonable time.

On October 29, 2014, the Third CriminalCourt acquitted Ms. Jamsheer in one case, fined her 100 BHD (approx. €210) inanother case, and granted bail upon the payment of 50 BHD pending the decisionon the other Twitter cases. However, Ms. Jamsheer had to wait until November 27to be released, and was again rearrested only 12 hours later on new charges of“assaulting two police women”. She was again released on December 15, 2014, andfurther put under house arrest until January 15, 2015.

On May 5, 2015, the Bahrain High Criminal Court sentenced Ms. Jamsheer to a one year prison term, suspended forthree years on charges of “assaulting a police officer”.

OnJune 9, 2015, the Third Lower CriminalCourt sentenced Ms. Jamsheer to one year and eight months imprisonment on charges of defamation in connectionwith messages posted via her Twitter account criticising alleged corruption inthe management of King Hamad Hospital in Bahrain. Ms. Jamsheer paid a bail of400 BHD (approx 1,200 USD) and filed an appeal.

The Observatory recalls that on December29, 2014, UNexperts urged the government of Bahrain to dropcharges against Ms. Jamsheer, as she was sentenced “purely for [her]criticism of government authorities. [...] Such criticism is not only fullylegitimate according to Bahrain’s obligations under human rights law; it is alsoessential to the free and public debate necessary for a healthy civil society”they added.

Furthermore, Ms. Jamsheer has faced otheracts of harassment. For instance, on March 14, 2015, Ms. Jamsheer was deniedthe right to board on a plane at Bahrain International Airport by the airport'ssecurity office as she attempted to travel to France to receive medicaltreatment. Ms. Jamsheer, who did not receive any prior notification, was notgiven any reason for the travel ban. On March 23, 2015, Ms. Jamsheer complainedto the Public Prosecutor's office regarding the travel ban and was informedthat she should submit a travel request to the High Criminal Court. The Courtreviewed her request on April 12, 2015 and decided to waive the travel ban,stating that there was no solid reason for such a restriction. Nonetheless, onApril 15, 2015, the office of the Public Prosecutor was still unable to provideMs. Jamsheer with a formal authorisation to travel, stating that the file wasnow in the hands of the immigration office.

Actions requested:

Please write to the authorities of Bahrainurging them to:

i. Immediately and unconditionally drop all charges against Ms. GhadaJamsheer, as well as against all human rights defenders in Bahrain;

ii. Put an end to any kind of harassment, including at judicial level, against Ms. GhadaJamsheer and all human rights defendersin Bahrain;

iii. Guarantee in all circumstances the physical and psychological integrityof Ms. Ghada Jamsheer;

iv. Guarantee Ms. Ghada Jamsheer's freedom of movement;

v. Conformwith the provisions of the UN Declaration on Human Rights Defenders, adopted bythe General Assembly of the United Nations on December 9, 1998, in particularits :

- Article 1, which provides that “everyone has theright, individually and in association with others, to promote and to strivefor the protection and realisation of human rights and fundamental freedoms atthe national and international levels”,

- Article 12(1) that provides “everyone has the right,individually and in association with others, to participate in peacefulactivities against violations of human rights and fundamental freedoms”,

- as well as Article 12.2, which provides that “theState shall take all necessary measures to ensure the protection by thecompetent authorities of everyone, individually or in association with others,against any violence, threats, retaliation, de facto or de jure adversediscrimination, pressure or any other arbitrary action as a consequence of hisor her legitimate exercise of the rights referred to in the presentDeclaration”;

vi. Ensure inall circumstances, respect for human rights and fundamental freedoms inaccordance with international human rights standards and internationalinstruments ratified by Bahrain.

Addresses:

• Cheikh Hamad bin Issa AL KHALIFA, King of Bahrain,Fax: +973 176 64 587

• Cheikh Khaled Bin Ahmad AL KHALIFA, Minister of Foreign Affairs, Tel: +973172 27 555; Fax : 00973 17 21 05 75; ofd@mofa.gov.bh

• Cheikh Khalid bin Ali AL KHALIFA, Minister of Justice and Islamic Affairs,Tel: +973 175 133 00; 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 United Nations in Geneva, 1 cheminJacques-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 tothe Kingdom of Belgium, Embassy of the Kingdom of Bahrain, Avenue Louise 250,1050 Brussels, Belgium; Fax: 0032 (0) 26472274; E-mail: Brussels.mission@mofa.gov.bh

***

Paris-Geneva, November 3, 2015

Kindly inform us of any action undertaken quoting thecode of this appeal in your reply.

The Observatory, an FIDH and OMCT venture, isdedicated to the protection of Human Rights Defenders and aims to offer themconcrete support in their time of need.

To contact the Observatory, call the emergency line:

• E-mail: Appeals@fidh-omct.org

· Tel andfax FIDH: + 33 (0) 1 43 55 25 18 / +33 1 43 55 18 80

• Teland fax OMCT: + 41 (0) 22 809 49 39 / + 41 22 809 49 29

[1] Ms.Jamsheer had requested from the Court to be presented to the ForensicsDepartment to determine whether she is indeed able to “kick” the defendantpolice woman as claimed. Ms. Jamsheer also requested the testimony of theMinister of Interior and the General Inspector of the Ministry of Interiorregarding the complaint she had filed while in detention in 2014.