Judicial harassment against 47 medical staff and incommunicado detention of Dr. Ahmed Jamal, Dr. Raja Hassa Khadim and Dr. Nidal Khalifa

BHR005 / 0511 / OBS 073

Judicial harassment / Incommunicado detention

Bahrain

May5, 2011

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), requests your urgentintervention in the following situation in Bahrain.

Brief description of the situation:

The Observatory has been informed by reliable sourcesabout the judicial harassment against 47 medical staff and the incommunicadodetention of Dr. AhmedJamal, Dr.Raja Hassa Khadim and Dr. Nidal Khalifa, three doctors, for treating peaceful demonstrators injured during thecrackdown on demonstrations in Bahrain.

According to the information received, on May 3, 2011,24 doctors and 23 nurses were charged by the Military Public Prosecution of“refusal to extend assistance to a person in need”, “embezzlement of publicfunds”, “assault that resulted in death”, “unauthorized possession of weaponsand ammunition”, “refusal to perform duties and putting people's lives andhealth at risk”, “illegal detention”, “abuse of authority to suspend and stalllaws and regulations”, “attempt to occupy buildings by force”, “incitement tothe forceful overthrow of a political regime”, “incitement to the hatred of aregime”, “incitement to the hatred of a segment of society”, “dissemination offalse news and malicious rumours that could harm public interest” and“participation in unauthorized rallies and meetings”. They will be tried beforea military court but, as of issuing this Urgent Appeal, no date for an hearinghad been set. No further information could be obtained whether the 47 arecurrently in incommunicado detention or in hiding.

Furthermore, according to the information received, between May 2 and 4, Dr. Ahmed Jamal, former President of the Bahrain Medical Society (BMS), Dr. Raja HassaKhadim, President of the Bahrain Dental Society, and Dr. Nidal Khalifa,President of the Arab Association for the Skin Diseases and former Head of theDermatology Unit in Salmanya Hospital, were arrested bythe security forces and have been held incommunicado since then.

Moreover, the Observatory recalls that on April 4, 2011, Ms. Rulla El Saffar, President of theBahrain Nursing Society (BNS), was summoned by phone to the Adlia CriminalInvestigation Building and taken away by security forces to an unknownlocation. She remains detained incommunicado since then and may be one of the47 under charges. On April 11, 2011, Dr. Nabeel Tamman,an Ear/Nose/Throat (ENT) specialist, member of Bahrain Human Rights Society(BHRS) and the former President of the Medical Committee, was also arrested,taken by security forces to an unknown location and then released on April 13reportedly without charge. In addition, on April 6, 2011, the Social Development Minister hadissued an edict suspending the Board of Directors of the Bahrain MedicalSociety (BMS), and the Ministry of Health suspended 30 doctors and nurses whosecases was referred to an “investigation committee” created by the Ministry,which mandate is to investigate the medical personnel who treated injuredvictims of demonstrations[1].

The Observatory condemnsthe judicial harassment against the medical staff who provided medicalassistance to injured demonstrators, which seems to merely aim at sanctioningthe legitimate exercise of their profession. More generally, the Observatory isdeeply concerned about the arbitrary arrests, incommunicado detentions and actsof intimidation against all people who provided help to the victims of therepression of peaceful protest movements in the country.

Actions requested:

The Observatory urges the authorities of Bahrain to:

i. Guarantee the physical andpsychological integrity ofthe above-mentioned human rights defenders, as well as of all human rights defenders in Bahrain;

ii. Immediately disclose the whereaboutsof Ms. Rulla El Saffar,Dr. Ahmad Jamal, Dr. Raja Hassa Kadhim and Dr. Nidal Khalifa and all humanrights defenders in Bahrain, ensure their access to their lawyers and familiesand release them immediately and unconditionally as their detention seems at merely sanctioning theirlegitimate human rights activities;

iii. Put an end to any acts ofharassment, including at the judicial and administrative level, against the above-mentioned human rightsdefenders, as well as against all human rightsdefenders in Bahrain;

iv. Conform in any circumstances with the provisions of the Declaration onHuman Rights Defenders, adopted on December 9, 1998 by the United NationsGeneral Assembly, in particular :

-its Article 1, which states that “everyone has the right, individually or inassociation with others, to promote the protection and realization of humanrights and fundamental freedoms at the national and international levels”;

-its Article 10, which provides that “No one shallparticipate, by act or by failure to act where required, in violating humanrights and fundamental freedoms and no one shall be subjected to punishment oradverse action of any kind for refusing to do so”;

-and its Article 12.2, which states that “the State shall take all necessarymeasures to ensure the protection by the competent authorities of everyone,individually and in association with others, against any violence, threats,retaliation, de facto or de jure adverse discrimination, pressure or any otherarbitrary action as a consequence of his or her legitimate exercise of therights referred to in the present Declaration”.

v. Ensure in all circumstances respectfor human rights and fundamental freedoms in accordance with internationalhuman rights standards and international instruments 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: +973 172 27 555; Fax : +973 172 12 6032

· Cheikh Khalid bin Ali AL KHALIFA,Minister of Justice and Islamic Affairs, Tel: +973 175 31 333; Fax: +973 175 31284

· Permanent Mission of Bahrain to theUnited Nations in Geneva, 1 chemin Jacques-Attenville, 1218 Grand-Saconnex, CP39, 1292 Chambésy, Switzerland. Fax: + 41 22 758 96 50. Email: info@bahrain-mission.ch

Please also write to diplomatic representations ofBahrain in your respective countries.

***
Paris-Geneva, May 5, 2011

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

The Observatory, a FIDH and OMCTventure, is dedicated to the protection of Human Rights Defenders and aims tooffer 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 2518 / +33 1 43 55 18 80

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

[1] See Observatory Urgent Appeal BHR 002/ 0411 / OBS 061, issued on April 14, 2011.