Ongoing judicial harassment and arbitrary detention of Nabeel Rajab

BAHRAIN: Ongoing judicial harassment and arbitrarydetention of Nabeel Rajab, as criminalisation and threats against human rightsdefenders go unabated

Paris-Geneva, October 2, 2012 – The Observatory for the Protection ofHuman Rights Defenders, a joint programme of the International Federation forHuman Rights (FIDH) and the World Organisation Against Torture (OMCT), deploresthe decision to further delay the trial on appeal of Mr. Nabeel Rajab,President of the Bahrain Centre for Human Rights (BCHR), Director of the GulfCentre for Human Rights (GCHR) and FIDH Deputy Secretary General. Such ongoingjudicial harassment and arbitrary detention is one more evidence of thecontinued criminalisation of human rights defenders' activities.

OnSeptember 27, 2012, the Bahrain Appeals Court once more refused to release Mr. NabeelRajab on bail and further postponed the ruling on his appeal to October 16,2012[1].The Bahrain Appeals Court was seized by Mr. Rajab's lawyers to contest thedecision taken on August 16, 2012 by the Lower Criminal Court to sentence himto three years' imprisonment for three cases related to his participation inpeaceful gatherings in favour of fundamental freedoms and democracy. Inaddition, during yesterday's hearing, the court continued to deal with thethree cases as separate cases, rejecting once more the request of the defenceto merge them. Mr. Rajab has been detained since last July 9 and has beencontinuously denied release since then[2].

Moreover,during the hearing, the judge reportedly showed a DVD containing images of Mr.Nabeel Rajab at peaceful demonstrations arguing with an officer on the legalityof the protest, as well as images of young people throwing Molotov cocktailsduring what the judge alleged was one of these protests. Mr. Rajab's lawyersinsisted that this last part did not take place at the same location nor timeas those of the said peaceful protest. Mr. Rajab further recalled that none ofthe protests he attended had witnessed violence. Mr. Rajab's lawyers s well assome observers who attended the hearing, consider that this part of the DVDconsist in clear montages.

TheObservatory is thus extremely concerned over the new postponement decided bythe judge, as it aims at sanctioning Mr. Rajab's human rights activities bykeeping him in arbitrary detention. The Observatory further strongly denouncesthe montages broadcast in court, which clearly aim at discrediting Mr. Rajaband legitimate peaceful protests in general.

In addition, the Observatory deplores that,notwithstanding the commitments expressed on several occasion by the Bahrainiauthorities to make NGOs' access to Bahrain easier, the visa request which wassubmitted by the Observatory on September 19, 2012 to the relevant authoritieson behalf of an Observatory-mandated trial observer, was accepted only a fewhours before the planned flight departure of the said observer, making itimpossible for him to travel to Bahrain.

TheObservatory further highlights that on September 26, Ms. Zainab Al-Khawaja, a human rights blogger who has beendenouncing human rights violations of the Bahraini regime, was sentenced to twomonths' imprisonment on the charge of destroying government property forpublicly tearing a picture of the King of Bahrain. The Observatory recalls thatMs. Al-Khawaja has been detained for almost two months[3],and has therefore already served most of the sentence. It is however unsurewhether she will be released in the following days or be kept in detention, as 12 other caseshave been filed against her over the past months for her participation inpeaceful protests.

The Observatory is also extremely concerned about theongoing threats of reprisals targeting Bahraini human rights defenders whocooperate with the United Nations (UN). Most recently, on September 23, thedefenders who travelled to Geneva to participate in the 21st session of theHuman Rights Council have been accused of “defaming Bahrain” and labelled as“traitors to the country” by pro-governmental newspaper Al-Watan. One ofthem even reportedly received death threats through anonymous phone calls whilehe was in Geneva.

In this context, the Observatory reiterates its callon the Bahraini authorities to release Mr. Nabeel Rajab, Ms. Zainab Al-Khawajaand all human rights defenders detained immediately and unconditionally, and toput an end to all acts of judicial harassment against them. Mr. Rajab'sprolonged detention and the conditions in which his trial on appeal has beenheld up to this day, seem to merely aim at sanctioning his activities in favourof human rights and to discredit peaceful human rights activities in general.The Observatory further calls upon the Bahraini authorities to ensure thathuman rights defenders cooperating with the UN be free from any kind ofthreats, harassment or reprisals in relation with their human rightsactivities.

TheObservatory recalls once more that the rights to freedom of expression and ofpeaceful assembly constitute necessary fundamental freedoms, and that no formof criminalisation of those rights can be tolerable or justified under anycircumstances.

The Observatory also urges the Bahraini authorities toensure that international observers will be able to attend Mr. Rajab's nextappeal hearings without any hindrances.

For more information,please contact:

· FIDH: Arthur Manet: +33 (0) 1 43 55 25 18

· OMCT: Anne-Laurence Lacroix: +41 (0) 22 809 49 39

[1] On September 10, 2012,a Bahrain appeals court had already refused to release him on bail and hasscheduled the next hearing for September 27. See Observatory Press Release, HumanRights Defender Nabeel Rajab to remain in detention, appeal trial to resume onSeptember 27, issued on September 12, 2012.

[2] Mr.Nabeel Rajab was initially arrested in relation to another criminal case forwhich he was acquitted on August 23, 2012. See the Observatory's Urgent AppealsBHR 001/0512/OBS 048.2 and BHR 001/0812/OBS 048.6.

[3] Ms. Zainab Al-Khawajawas arrested on August 2, 2012 after she peacefully protested alone at Al Qadamroundabout against the arbitrary detention of her father, Mr. AbdulhadiAl-Khawaja. See also Observatory Press Release, Authorities keep a hard lineagainst human rights defenders despite international outcry, issued onSeptember 5, 2012.