Ongoing judicial harassment against Ms. Zainab Al-Khawaja

URGENT APPEAL - THE OBSERVATORY

New information

BHR 002 / 0914 / OBS075.4

Ongoing judicialharassment

Bahrain

October 22, 2015

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.

New information:

TheObservatory has been informed by reliable sourcesabout the ongoing judicial harassment against Ms. Zainab Al-Khawaja,human rights defender and blogger known for her participation in peacefulgatherings calling for reforms and the respect of human rights in Bahrain.

Accordingto the information received, on October 21, the Bahrain Court of Appealsreduced the sentence against Ms. Zainab Al-Khawaja to one year imprisonmentwhile upholding a fine of 3,000 BHD (approximately 8,000 USD), on charges of“insulting the King”. The latter had been sentenced to three years imprisonmentin first instance. As per Bahraini law, if Ms. Al-Khawaja is unable orunwilling to pay the fine, the sentence will turn into an additional year and ahalf in prison. Ms. Al Khawaja can be arrested at any time.

Besides,the Court adjourned the appeal case concerning the charges of “destroyingpublic property” and “assaulting a police officer” to December 3, 2015. Ms.Al-Kawaja had been sentenced to 16 months imprisonment in first instance (seebackground information).

TheObservatory deplores the ongoing judicialharassment against Ms. Al-Khawaja as it seems to merely aim at sanctioning andhindering her human rights activities. The Observatory calls on the Bahrainiauthorities to drop all charges against her and reiterates its concern aboutthe pattern of harassment against members of Ms. Al-Khawaja's family.

TheObservatory more generally calls on the Bahraini authorities to put an end toall acts of harassment – including at the judicial level – against all humanrights defenders in Bahrain, and to comply with all international human rightsstandards and international instruments ratified by Bahrain, in particular theUnited Nations (UN) Declaration on Human Rights Defenders, adopted by the UNGeneral Assembly on December 9, 1998.

Backgroundinformation:

Ms.Zainab Al-Khawaja is the daughter of Mr. Abdulhadi Al-Khawaja, who wassentenced on June 22, 2011 by the National Safety Court – a military court – tolife imprisonment for his peaceful human rights activities. On January 7, 2013Bahrain’s highest court upheld the convictions against 13 leading activists fortheir role in anti-government demonstrations in 2011, including Mr. AbdulhadiAl-Khawaja. The Office of the UN High Commissioner for Human Rights expressedconcerns about the lack of fairness and due process afforded to theseactivists. The court ruling came more than a year after the government’s pledgeto implement the recommendations of the Bahrain Independent Commission ofInquiry (BICI), which called on authorities to “commute the sentences of allpersons charged with offences involving political expression not consisting ofadvocacy of violence” and to overturn convictions imposed after grossly unfairtrials.

Mr.Abdulhadi Al-Khawaja was subjected to a severe level of torture starting fromthe time of his arrest on April 9, 2011. He is currently being held in Jawprison. He has repeatedly gone on hunger strikes to protest his imprisonmentand conditions of detention.

OnDecember 16, 2011, Ms. Zainab Al-Khawaja staged a sit-in to call for reformsand more rights at Abu Saiba roundabout and was joined by several women. Theriot police fired tear gas canisters to disperse them. Ms. Al-Khawaja continuedher sit-in peacefully and refused to move until she was shot at directly with atear gas canister. She was then handcuffed, dragged across the pavement by herhandcuffs, had her hijab removed and was slapped by a female police officer.She was further cursed and beaten in the police station. She was then releasedpending investigation.

OnFebruary 27, 2013, she was again arrested during a peaceful sit-in to protestauthorities’ refusal to hand over the body of a man who was killed during ademonstration on February 14, 2013. She was taken to Al Hoora police station,where she was charged with “obstructing traffic”, “damaging public property”,“prejudice to authority” and “inciting hatred of the regime”.

OnFebruary 27, 2013, the Third High Criminal Court upheld a one monthimprisonment sentence against her on charges of “participating in an illegalgathering” and “entering a restricted zone”, i.e. the Pearl Roundabout, inrelation to a February-2012 protest. The same court also upheld anothertwo-month imprisonment sentence previously rendered by the Lower Criminal Courton charge of “damaging Ministry of Interior property”, after Ms. Al-Khawaja hadtorn a photograph of the King of Bahrain, although she had already served thatsentence after a previous arrest. As a result, the Public Prosecution announcedin a statement that Ms. Al-Khawaja was to start serving her sentence onFebruary 28, 2013, for a total of three months and 20 days. In addition, on thesame day, the Court of Appeal overturned the acquittal ruled by the Court ofFirst Instance on May 2, 2012 in another case related to charges of “insultinga police officer” in a military hospital, and sentenced Ms. Al-Khawaja to threemonths imprisonment. Ms. Al-Khawaja was protesting inside the Bahrain DefenceForces hospital when her father, Mr. Abdulhadi Al-Khawaja, was on hunger strikein that hospital.

OnMay 22, 2013, Ms. Al-Khawaja was again sentenced to three months in jail oncharges of “taking part in an illegal gathering” and “insulting a policeofficer” in reference to the December 2011 protest. At the time, she had beenserving the two above-mentioned sentences and was due to be released at the endof May 2013.

OnJanuary 27, 2014, the Criminal Court issued a new sentence in absentia againstMs. Zainab Al-Khawaja, where she was sentenced to four extra months ofimprisonment in two new cases in which she was accused of destroying propertyof the Ministry of Interior during her detention at Isa Town police station inMay 2013, after she ripped up a picture of the King of Bahrain.

OnFebruary 16, 2014, Ms. Zainab Al-Khawaja was released from prison. At the endof August 2014, she was briefly detained when she went to the hospital to visither father after he was transferred there from the prison.

OnDecember 4, 2014, Ms. Zainab Al-Khawaja was sentenced to a three-year prisonterm for “insulting the King”, as well as being subject to a fine of 3,000 BHD(approx. 7,285 Euros) for tearing up a photo of the King of Bahrain before theCourt in October 2014. The court set bail for 100 BHD (approx. 240 Euros) andshe was released pending the outcome of the appeal.

OnDecember 9, 2014, the Court of Appeals sentenced her to 16 months in prison oncharges of “destroying government property” and “insulting a police officer”whilst in detention in 2012. Although Ms. Zainab Al-Khawaja is not currentlydetained, the sentence may be executed at any time.

OnJune 2, 2015, Ms. Zainab Al-Khawaja was sentenced in first instance to ninemonths’ imprisonment on charges of “entering a restricted area” and “insultinga public servant”. A bail of 300 BHD (approx. 707 EUR) was paid to suspend theimplementation.

Actionsrequested:

The Observatory urges the authorities of Bahrain to:

i. Drop all charges againstMs. Zainab Al Khawaja and put an end toany act of harassment, including at the judicial level, against the Al Khawajafamily, as well as against all human rights defenders in Bahrain;

ii. Release Mr. Abdulhadi Al-Khawaja immediately and unconditionally as hisdetention is arbitrary since it seems to merely sanction his human rightsactivities;

iii. Conform in any circumstances with the provisions of the UN Declaration onHuman Rights Defenders, 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 6 (c) which states that “everyonehas 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 allhuman rights and fundamental freedoms and, through these and other appropriatemeans, to draw public attention to those matters” ;
- 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”.

iv. Ensure in all circumstances respect for human rights and fundamentalfreedoms in accordance with international human rights standards andinternational 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 ofForeign Affairs, Tel: +973 172 27 555; Fax : +973 172 12 6032

· Cheikh Khalid bin Ali AL KHALIFA, Minister of Justiceand 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 United Nations inGeneva, 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.

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Paris-Geneva,October 22, 2015

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

The Observatory, a FIDH andOMCT venture, is dedicated to the protection of Human Rights Defenders and aimsto offer them concrete support 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 / +33 143 55 18 80

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