Judicial harassment against Messrs. Sadeq Jawad Ahmed Al-Fardan, Sayed Omran Hameed Adnan, Fadhel Abbas Mohamed Ashoor and Habib Mohamed Habib Ashoo

April 12, 2010

The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), requests your urgent intervention in the following situation in Bahrain.

Description of the situation:

The Observatory has been informed by reliable sources about the judicial harassment against Messrs. Sadeq Jawad Ahmed Al-Fardan, member of the Committee of the Unemployed, Sayed Omran Hameed Adnan, member of the Committee Against Tax Deduction of One Percent, Fadhel Abbas Mohamed Ashoor, member of the Committee Against High Prices, and Habib Mohamed Habib Ashoor, member of the Committee for the Release of Political Detainees.

According to the information received, on March 28, 2010, the Court of Appeal sentenced Messrs. Sadeq Jawad Ahmed Al-Fardan, Sayed Omran Hameed Adnan, Fadhel Abbas Mohamed Ashoor and Habib Mohamed Habib Ashoor to three years of imprisonment for the premeditating murder of a policeman and the attempted murder of two of his colleagues and rioting, although they were previously acquitted on October 13, 2009 after a 15-month trial as scientific evidence proved their innocence, in particular the forensic report contradicted the testimonies made by police who witnessed the events.

The Observatory recalls that in April 2008, the four human rights defenders, along with 15 others political activists, were arrested at their homes by Special Security Forces (SSF) under accusations of “burning a State militia car” on April 9, 2008 after they participated in peaceful protests to denounce a wave of arrests of several human rights defenders in Bahrain that took place in December 2007[1]. During police custody, Messrs. Sayed Omran Hameed Adnan, Fadhel Abbas Mohamed Ashoor and Habib Mohamed Habib Ashoor were reportedly held in solitary confinement, deprived of sleep and food, beaten and tortured. They were released on October 13, 2009 after the High Criminal Court had recognised their innocence.

The sentence takes place after the release on February 8, 2010 of a report by Human Rights Watch (HRW) on torture in Bahrain entitled Torture Redux, which contains testimonies of recent victims, among them Messrs. Sayed Omran Hameed Adnan, Fadhel Abbas Mohamed Ashoor and Habib Mohamed Habib Ashoor. As of issuing this urgent appeal, no arrest warrant had been issued against them and therefore they remained free.

The Observatory fears that the sentencing aims at protecting police and intelligence officers who have been identified by name as torturers in the HRW report as well as to sanction Messrs. Sayed Omran Hameed Adnan, Fadhel Abbas Mohamed Ashoor and Habib Mohamed Habib Ashoor’s human rights activities, as they were all actively acting for the release of several political prisoners including human rights defenders who were detained in Bahrain by holding talks with the authorities, organising peaceful protests and collecting funds to provide monthly assistance to the families of the detainees.

Actions requested:

Please write to the authorities of Bahrain and ask them to:

1. Guarantee in all circumstances the physical and psychological integrity of Messrs. Sadeq Jawad Ahmed Al-Fardan, Sayed Omran Hameed Adnan, Fadhel Abbas Mohamed Ashoor and Habib Mohamed Habib Ashoor as well as of all human rights defenders in Bahrain;
2. Carry out an immediate, thorough, independent and impartial investigation into the above-mentioned allegations of ill-treatments, the result of which must be made public, in order to bring all those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;
3. Put an end to all acts of harassment - including at the judicial level - against Messrs. Sadeq Jawad Ahmed Al-Fardan, including at the judicial level, Sayed Omran Hameed Adnan, Fadhel Abbas Mohamed Ashoor and Habib Mohamed Habib Ashoor as well as all human rights defenders in Bahrain;
4. Conform in any circumstances with the provisions of the Declaration on Human Rights Defenders, adopted on December 9, 1998 by the United Nations General Assembly, in particular its article 1, which states that “everyone has the right, individually or in association with others, to promote the protection and realization of human rights and fundamental freedoms at the national and international levels”, and its article 12.2 which provides that “the State shall take all necessary measures 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 other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”;
5. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human 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 31 284
• Permanent Mission of Bahrain to the United Nations 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

Please also write to diplomatic representations of Bahrain in your respective countries.

Paris-Geneva, April 12, 2010

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

The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.

The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.

To contact the Observatory, call the emergency line:

Email: Appeals@fidh-omct.org Tel and fax FIDH: +33 (0) 1 43 55 25 18 / 01 43 55 18 80
Tel and fax OMCT: + 41 22 809 49 39 / 41 22 809 49 29

[1] See Annual Reports 2007 and 2009.