Ongoing incommunicado and arbitrary detention of Mr. Abdulhadi Al Khawaja

New information

BHR 004 / 0411 / OBS 070.1

Incommunicado detention / Judicialharassment /

Fear of torture and ill-treatment

Bahrain

May 6, 2011

The Observatory for theProtection of Human Rights Defenders, a joint programme of the InternationalFederation for Human Rights (FIDH) and the World Organisation Against Torture(OMCT), has received new information and requests your urgent intervention inthe following situation in Bahrain.

New information:

The Observatory has beeninformed by reliable sources about the ongoing incommunicado and arbitrarydetention of Mr. Abdulhadi Al Khawaja, former MENA Director at Front Line andformer President of the Bahrain Centre for Human Rights (BCHR).

According to theinformation received, as of May 5, 2011, Mr. Abdulhadi Al Khawaja remaineddetained but his whereabouts as well as official charges pending against himremained unknown. His lawyer is the only person who could have access to him onApril 29 and 30, 2011. These two meetings of several hours were held in thepresence of the Military Prosecutor. In addition, no information could beobtained regarding Mr. Abdulhadi Al Khawaja’s physical condition, althoughwitnesses claim to have seen him in a military hospital in a very bad state.

The Observatory recallsthat Mr. Abdulhadi Al Khawaja was brutally arrested on April 9, 2011, andwitnesses present during his arrest declared that he was taken unconsciousafter having been violently beaten (See background information).

The Observatory firmlydenounces the violation of the rights to due process and fair trial by theBahraini authorities, the incommunicado and arbitrary detention of Mr.Abdulhadi Al Khawaja andas well as the judicial harassment against him, which seem to merely aim atsanctioning his human rights activities. The Observatory is also deeplyconcerned for his physical and psychological integrity as it is feared that hemight be subjected to torture and acts of ill-treatments in the framework ofincommunicado detention, in a context where four people arrested during theprotests have died in custody between April 3 and 12, 2011 and dozens of detainedactivists complained of acts of torture and ill-treatment.

Backgroundinformation:

On April 9, 2011, Mr.Abdulhadi Al-Khawaja, who has been organising peaceful awareness-raising andhuman rights education activities for protesters in the recent weeks, wasarrested at his daughter’s house, along with two of his sons-in-law, Messrs.Wafi Almajid and Hussein Ahmed, by masked policemen who forced entry to thebuilding. The three men, and Mr. Al-Khawaja in particular, were severely beatenup before being taken to an unknown destination. Moreover, Mr. MohammadAl-Maskati, President of the Bahrain Youth Society for Human Rights(BYHRS), who has been monitoring human rights violations committed since theprotest movement began, and who was also present in the house, was severelybeaten during the raid but not arrested.

On April 10, theBahraini authorities wrote on twitter: “Al-Khawaja was arrested for charges tobe brought against him legally. He violently resisted the arrest and had to besubdued” ; the twit then continues as “(Al-Khawaja) is not a reformer (...) Hecalled for the overthrow of the legitimate regime”. To date, no information hasbeen given to the family of Messrs. Almajid and Ahmed neither on theirwhereabouts nor regarding any charges pending against them.

On April 15, 2011, agroup of more than 20 masked and armed plain-clothes men, belonging to securityforces, entered the house where Mr. Al Tajer was present with his wife andyoung children. After thoroughly searching the house, the office, and takingcomputers and mobile phones, the men arrested Mr. Al Tajer and took him to anunknown destination.

On April 20, 2011, Mr.Abdulhadi Al Khawaja was allowed to make a one-minute phone call to his wife.He informed her that he was supposed to appear on April 21 at 8.00 am beforethe Military Court. Before this call, Mr. Alkhawaja's daughter received a callfrom the military asking her to bring clothes for him. When his lawyerspresented themselves before the Military Court, they were advised that thehearing will not take place on that date. They could not get any furtherinformation nor have access to their client.

Furthermore, the Observatory also recalls that since April 16, 2011, no information could be gatheredregarding the whereabouts of Mr. Mohamed Issa Al Tajer, a human rights lawyer who was arrested on that dayin his house. Mr. Mohamed Issa Al Tajer was representing several protestersbefore the Lower National Safety Court, charged with murder of two policemen.On April 28, 2011, four of them were sentenced to death penalty and three tolife imprisonment[1].

Actionsrequested:

The Observatory urges the authorities of Bahrain to:

i. Guarantee the physical andpsychological integrity of Mr. Abdulhadi AlKhawaja, Mr. Mohamed Issa Al Tajer as well as all human rights defenders in Bahrain;

ii. Immediately disclose the whereaboutsof Messrs. Abdulhadi Al Khawaja, Mohamed Issa Al Tajer, Almajid and Ahmed and ensure their accessto their lawyers and families;

iii. Immediately andunconditionally released Mr. Abdulhadi Al Khawaja and Mr. MohamedIssa Al Tajer as well as all human rights defenders in Bahrain as theirdetention merely seems at sanctioning their human rights activities;

iv. Put an end to any acts ofharassment, including at the judicial and administrative level, against Mr.Abdulhadi Al Khawaja and Mr. Mohamed Issa Al Tajer as well as against all human rights defenders in Bahrain;

v. Conform in any circumstances withthe provisions of the Declaration on Human Rights Defenders, adopted on December9, 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 promotethe protection and realization of human rights and fundamental freedoms at thenational and international levels” ;

- its Article 6 (c) which states that“everyone has the right, individually and in association with others to study,discuss, form and hold opinions on the observance, both in law and in practice,of all human rights and fundamental freedoms and, through these and otherappropriate means, to draw public attention to those matters” ;

- its Article 9.3 which provides that“everyone has the right, individually and in association with others, interalia […] to attend public hearings, proceedings and trials so as to form anopinion on their compliance with national law and applicable internationalobligations and commitments; and to offer and provide professionally qualifiedlegal assistance or other relevant advice and assistance in defending humanrights and fundamental freedoms” ;

- its Article 10 which provides that“no one shall participate, by act or by failure to act where required, inviolating human rights and fundamental freedoms and no one shall be subjectedto punishment or adverse action of any kind for refusing to do so”;

- and its Article 12.2 which statesthat “the State shall take all necessary measures to ensure the protection bythe competent authorities of everyone, individually and in association withothers, 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. Ensurein all 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: +973 172 27 555; Fax : +973172 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 cheminJacques-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 respectivecountries.

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Paris-Geneva, May 6, 2011

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 and fax FIDH+ 33 (0) 1 43 55 25 18 / +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 003/0411/OBS 065, issued on April 16, 2011.