Enforced disappearance of Mr. Naji Fateel

Arbitrary detention

Bahrain

March 20, 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 by reliablesources about the enforced disappearance of Mr. Naji Fateel, co-founderof the Bahrain Youth Society for Human Rights (BYSHR), blogger, who monitoredhuman rights violations committed during Bahrain's uprising and who's currentlyserving a 15-year prison sentence (see background information).

According to the information received, onMarch 10, 2015, Bahraini security forces allegedly beat and attacked more than100 prisoners at Jaw Prison, where Mr. Naji Fateel is currently detained, usingrubber bullets, tear gas, and shotgun pellets. Several detainees, including Mr.Naji Fateel, were severely injured. This incident follows an altercationbetween the family of a prisoner, who was denied visitation, and securityofficers. It is reported that detainees started protesting after hearing thesound of clashes.

In response to the protest, securityofficers ordered a dozen of the detainees to be taken to another buildingwithin the prison, including Mr. Naji Fateel.

Since March 10, Mr. Naji Fateel's familyhas been denied visitation rights and have not been able to communicate withhim. In addition, despite several requests, no information on his whereaboutsand situation has been provided either by security officers or by officials.

The Observatory is deeply concerned by Mr.Naji Fateel's enforced disappearance, which seems to merely aim at sanctioningonce again, his human rights activities. The Observatory also fears he mightnot receive proper medical care.

Accordingly, the Observatory calls onBahraini authorities to immediately provide information on the situation of Mr.Naji Fateel, including his whereabouts and current state of health, and torespect his rights to receive visits from, and communicate with his family.

Background information[1]:

On May 2, 2013, Mr. Naji Fateel wasarrested at dawn without warrant by security men in civilian clothes at hishome in the village of Bani-Jamra and held incommunicado for three days, duringwhich time it is reported that he was severely tortured. He was allegedlysubjected to severe torture at the Criminal Investigation Directorate. Reportsallege that he was subjected to electrical shocks to his genitals, left footand back in addition to simulated drowning, severe beatings, threats to publishhis wife’s photographs (taken from a camera confiscated by the security forceswhen his house was raided), insults, hanging by his hands from the ceiling,sexual harassment and threats of rape, standing for hours, and sleepdeprivation. He was taken to the Ministry of Interior hospital twice fortreatment due to the torture. Mr. Naji Fateel was detained in Dry DockDetention Centre.

On May 22, 2013, Mr. Naji Fateel wassentenced by the Manama Criminal Court to six months of imprisonment on chargesof “attending illegal gatherings” in relation to a gathering organised onJanuary 24, 2012 in Bani-Jamra in which he did not participate. He was chargedin another case with the establishment of a group for the purpose of disablingthe Constitution.

On September29, 2013, Mr. Naji Fateel was sentenced by the Fourth Criminal Court to 15years in prison for “the establishment of a group for the purpose of disablingthe constitution” under Article 6 of Law No. 58 of 2006 on Terrorism[2].Mr. Naji Fateel was then moved to the Central Prison “Jaw”. The charges relateto the alleged terrorist group known as the “February 14 Youth Coalition”,which organised demonstrations and protests during Bahrain's uprising.

On November 18, 2013, when the appealtrial against Mr. Naji Fateel started, the authorities of Bahrain denied entryto a lawyer who was mandated by a coalition of NGOs, including the Observatory,to observe the appeal trial.

In February 2014, one of the lawyers inthe case said that 90% of their questions to the prosecution witnesses wererejected by the judge, and a policeman forcefully silenced a lawyer during hispleadings. Another lawyer was thrown out of the court room although herepresented five of the defendants in the case.

On May 29, 2014, the Court of Appealheaded by Judge Isa Al-Kaabi upheld the 15-year imprisonment sentence againstMr. Naji Fateel. No evidence against Mr. Fateel was provided during the trial.The sentence was solely based on coerced confessions made under torture andwithout thoroughly and impartially investigating the allegations of torturewhich the defender was subjected to during his detention. During a hearing, Mr.Naji Fateel removed his shirt and showed the torture marks on his back;however, it was totally ignored by the court.

Mr. Naji Fateel indicated that he intendedto appeal the decision to the Court of Cassation. His lawyer also filed acomplaint before the Supreme Judicial Councilarguing that the trial proceedings fell short of the minimum standards of fairtrial.

Actions requested:

Please write to the authorities of Bahrainurging them to:

i. Guarantee in all circumstances the physical andpsychological integrity of Mr. Naji Fateel, his co-detainees, as well as allhuman rights defenders in Bahrain;

ii. Take prompt action in order to disclose thewhereabouts of Mr. Naji Fateel;

iii. Release Mr. Naji Fateel immediately andunconditionally as his detention is arbitrary since it only aims at sanctioninghis human rights activities;

iv. Order an immediate, thorough, transparentinvestigation into the allegations of torture and ill-treatment against Mr.Naji Fateel, in order to identify all those responsible, bring them before anindependent tribunal, and apply them the sanctions provided by the law;

v. Put an end to all acts of harassment - including at thejudicial level - against Mr. Naji Fateel, as well as all human rights defendersin Bahrain;

vi. Conform with the provisions of the UN Declaration onHuman Rights Defenders, adopted by the General Assembly of the United Nationson December 9, 1998, in particular its :

Article 1, whichprovides that “everyone has the right, individually and in association withothers, to promote and to strive for the protection and realisation of humanrights and fundamental freedoms at the national and international levels”,

Article 11, whichstates that “everyone has the right, individually and in association withothers, to the lawful exercise of his or her occupation or profession”,

Article 12(1) thatprovides “everyone has the right, individually and in association with others,to participate in peaceful activities against violations of human rights andfundamental freedoms”,

as well as Article12.2, which provides that “the State shall take all necessary measures toensure the protection by the competent authorities of everyone, individually orin 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”;

vii. Ensure in all circumstances respect for human rightsand fundamental freedoms in accordance with international human rightsstandards and international instruments ratified by Bahrain.

Addresses:

· CheikhHamad bin Issa AL KHALIFA, King of Bahrain, Fax: +973 176 64 587

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

· CheikhKhalid bin Ali AL KHALIFA, Minister of Justice and Islamic Affairs, Tel: +973175 31 333; fax: +973 175 31 284

· PermanentMission 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

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Paris-Geneva, March 20, 2015

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

The Observatory, a FIDH and OMCT venture, is dedicatedto the protection of Human Rights Defenders and aims to offer them concretesupport 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] See Joint Press Releases, June 21 and November 15,2013.

[2] Article 6 provides that “life imprisonment shall bethe penalty for everyone who forms, establishes, organizes or operates,contrary to the provisions of the law, a society, association, organization,group, gang or a branch of any of the above or undertakes the leadership orcommand thereof for the purpose of calling for obstructing the enforcement ofthe provisions of the Construction or the laws or preventing any of thegovernment organizations or public authorities from carrying out theiractivities or infringes upon the citizen’s personal freedom or other freedomsor public rights secured by the Constitution, the law or undermines nationalunity if terrorism is one of the methods used in the realization orimplementation of the purposes called for by the society, association,organization, group or gang or any of their branches”.