Ongoing arbitrary detention and judicial harassment against Mr. Nabeel Rajab

New Information

BHR 001 / 0812 / OBS048.10

Arbitrary detention /Judicial harassment

Bahrain

October 29, 2014

TheObservatory for the Protection of Human Rights Defenders, a joint programme ofthe International Federation for Human Rights (FIDH) and the World OrganisationAgainst Torture (OMCT), has received new information and requests your urgentintervention in the following situation in Bahrain.

Newinformation:

TheObservatory has been informed by reliable sources about the ongoing arbitrarydetention and judicial harassment against Mr. Nabeel Rajab, President of theBahrain Centre for Human Rights (BCHR), Director of the Gulf Centre for HumanRights (GCHR) and FIDH Deputy Secretary General[1].

According the informationreceived, on October 29, 2014, the Third Lower Criminal Court resumed the trialagainst Mr. Nabeel Rajab on a charge of “insulting a public institution” viaTwitter, pursuant to Article 216 of the Bahraini Penal Code, an offencepunishable by up to three years of imprisonment. The charges concern varioustweets posted on Nabeel Rajab's account, which the Public Prosecution hasdeemed as insulting to the Ministry of Interior and the Bahraini DefenceForces. During the hearing, the presiding judge decided to hear the case incamera and summonsed Mr. Nabeel Rajab and his lawyer in his office. The judgeinformed Mr. Rajab that he had decided to change the charge as follows:“insulting a public institution and the armed forces” as the armed forces couldnot be considered under law as a public institution”. He also rejected therequest for the provisional release of Mr. Rajab. The hearing was then againadjourned to November 2.

TheObservatory strongly deplores the arbitrary detention and judicial harassmentagainst Mr. Rajab, and considers it as a reprisal to sanction his legitimatehuman rights activities. Mr. Rajab had just returned to Bahrain following aninternational advocacy tour at the United Nations and European Union.

Mr. Rajabhas recently been released from prison after completing a two year sentence(see background information). In another case, he had already been tried onsimilar charges in relation to tweets deemed to be insulting to the Ministry ofInterior, before being acquitted.

In 2013, theUnited Nations Working Group on Arbitrary Detention (UN WGAD) had found thatMr. Rajab's detention was arbitrary, following a previous conviction related tohis freedom of opinion, expression and assembly. The UN WGAD had concluded thatthe « domestic laws of Bahrain (…) seem todeny persons the basic right to freedom of opinion, expression »

TheObservatory calls for the immediate and unconditional release of Mr. Nabeel Rajab,as his arbitrary detention and judicial harassment merely aim at hindering hishuman rights activities. The Observatory moregenerally urges the Bahraini authorities to put an end to all acts ofharassment – including at the judicial level – against Mr. Rajab, and to complywith the relevant international norms and standards, in particular the UnitedNations (UN) Declaration on Human Rights Defenders, adopted by the UN GeneralAssembly on December 9, 1998, and international human rights standards andinternational instruments ratified by Bahrain.

Backgroundinformation:

OnJuly 9, 2012, Mr. Nabeel Rajab was arrested by masked police officers at hishouse[2]after he had tweeted the following on June 2: "Khalifa,leave the residents of Al Muharraq, its Sheikhs and its elderly. Everyone knowsthat you are not popular here, and if it wasn't for the subsidies, theywouldn't have gone out to welcome you. When will you step down?".

Onthe same day, the 5th Lower Criminal Court sentenced Mr. Rajab to three monthsimprisonment for allegedly libelling the residents of Al Muharraq throughtweets posted on his twitter account. On August 23, 2012, Mr. Nabeel Rajab wasacquitted by the Higher Appeal Court.

OnAugust 16, 2012, the Lower Criminal Court had also sentenced Mr. Nabeel Rajabto three years imprisonment. Mr. Rajab appeared before the Court for threecases related to his participation in pacific gatherings in favour offundamental freedoms and democracy:

-The first case related to charges of “participating in an illegal assembly” and“calling others to join”, in relation to a protest organised on March 31, 2012in Manama to denounce the detention of the founder of GCHR, former President ofthe Bahrain Centre for Human Rights (BCHR), and former MENA Director at FrontLine, Mr. Abdulhadi Al Khawaja.

-The second one related to on chargesof “involvement in illegal practices and incitement to gatherings andcalling for unauthorised marches through social networking sites” for a protestin Manama on January 12, 2012.

-The third one on related to charges of “participating in an illegal assembly”in relation to several protests that took place in Manama in February 2012.

TheCourt thus sentenced Mr. Nabeel Rajab to one year imprisonment for each ofthese three cases. In December 2012, the Appeals Court reduced the sentence totwo years imprisonment. Mr. Nabeel Rajab completed his sentence and wasreleased in June 2014.

On October 1, 2014, Mr.Nabeel Rajab was summoned by the General Directorate of Anti-corruption andEconomic and Electronic Security of the Criminal Investigation Department oncharge of “insulting a public institution” via Twitter. The investigationconcerned certain tweets he published on Twitter, which the CID alleged wereinsulting the Ministry of Interior, pursuant to Article 216 of the BahrainiPenal Code[3].If convicted, he could face up to three years imprisonment. The CID decided todetain Mr. Rajab overnight before presenting him to the Public Prosecution onOctober 2 for further investigation. The PublicProsecution decided to keep Mr. Rajab under arrest for 7 days, pending furtherinvestigations.

On October9, 2014, Mr. Nabeel Rajab was brought again before the PublicProsecution Officer in Manama and informed that the Ministry of Defence hadfiled a complaint regarding the same tweet, which is the subject matter of theprevious investigation. The interrogation lasted about 40 minutes.

Mr. Rajab reiterated hisprevious position denying all allegations against him and stressing that he wasonly exercising his freedom of expression in regard to a matter forming part ofa large public debate and an open discussion in the local press, socialnetworks and even in Bahraini officials’ public statements.

The same day the PublicProsecution ordered the continued detention of Mr. Nabeel Rajab and decided torefer the case for trial before the Third Lower Criminal Court.

On October 19, 2014, theThird Lower Criminal Court started the trial against Mr. Nabeel Rajab. Thehearing was then suspended to October 29 for the verdict.

Actionsrequested:

The Observatory urges the authorities of Bahrain to:

i. Guarantee the physical and psychological integrity of Mr. Nabeel Rajaband all human rights defenders in Bahrain;

ii. Release Mr. Nabeel Rajabimmediately and unconditionally as his detention is arbitrary since it seems tomerely sanction his human rights activities;

iii. Put an end to any act ofharassment, including at the judicial level, against Mr. Nabeel Rajab andagainst all human rights defenders in Bahrain;

iv. Conformin any circumstances with the provisions of the Declaration on Human RightsDefenders, adopted on December 9, 1998 by the United Nations General Assembly,in particular:

- itsArticle 1, which states that “everyone has the right, individually or inassociation with others, topromote the protection and realization of human rights and fundamental freedoms at the national andinternational levels” ;

- its Article 6 (c) whichstates that “everyone has the right, individually and in association withothers to study, discuss, form and hold opinions on the observance, both in lawand in practice, of all human rights and fundamental freedoms and, throughthese and other appropriate means, to draw public attention to thosematters” ;

- and its Article 12.2which states that “the State shall take all necessary measures to ensure theprotection by the competent authorities of everyone, individually and inassociation with others, against any violence, threats, retaliation, de factoor de jure adverse discrimination, pressure or any other arbitrary action as aconsequence of his or her legitimate exercise of the rights referred to in thepresent Declaration”.

vi. Ensure in all circumstances respect for humanrights and fundamental freedoms in accordance with international human rightsstandards and international instruments ratified 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 : +973 172 12 6032

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

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

[1] Mr. Rajab is also a memberof the Advisory Committee of Human Rights Watch's Middle East Division and Chair of CARAM Asia.

[2] https://www.youtube.com/watch?v=nENlacyy3Sw&feature=youtu.be

[3] Article 216 provides that: “A personshall be liable for imprisonment or payment of a fine if he offends by anymethod of expression the National Assembly, or other constitutionalinstitutions, the army, law courts, authorities or government agencies”.