Sentencing and continuing judicial harassment of Ms. Ghada Jamsheer

Bahrain

November30, 2015

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

New information:

The Observatory has been informed by reliable sourcesabout the sentencing and continuing judicial harassment of Ms. GhadaJamsheer, Head of the Women's Petition Committee, an organisation whichcampaigns for the rights and dignity of women in the Shari'ah family courts.

According to information received, on November 26, 2015, the HighCriminal Appeal Court upheld the one year sentence, suspended for three years,issued against Ms. Ghada Jamsheer on charges of“assaulting a police officer” (see background information). The Courtrefused all the requests of the defense lawyers, which included the testimonyof Ministry of Interior officials and a forensic examination of whether Ms.Jamsheer could have kicked the police officer as alleged.

TheObservatory strongly condemns the sentencing and the continuous judicial harassmentof Ms. Ghada Jamsheer, which seems to merely aim at sanctioning her humanrights activities. The Observatory calls upon the Bahraini authorities toimmediately and unconditionally drop all charges against her.

Backgroundinformation:

Over thepast years, Ms. Jamsheer has come under permanent surveillance with a 24-hourpresence of plainclothes Public Security officials of the Ministry of theInterior in front of her home.

On September14, 2014, Ms. Jamsheer was arrested and arbitrarily detained for more thanthree months on allegations of defamation, in connection with messages postedvia her Twitter account criticising corruption in the management of King HamadHospital in Bahrain, which is run by members of the ruling family. Variouscharges were brought against Ms. Jamsheer based on the above-mentioned Twitterposts resulting in twelve criminal cases.

Hearings ina total of 12 criminal cases against Ms. Jamsheer have been regularly adjournedwithout any reason, in violation of Ms. Jamsheer’s right to be tried within areasonable time.

On October29, 2014, the Third Criminal Court acquitted Ms. Jamsheer in one case, finedher 100 BHD (approx. €210) in another case, and granted bail upon the paymentof 50 BHD pending the decision on the other Twitter cases. However, Ms.Jamsheer had to wait until November 27 to be released, and was again rearrestedonly 12 hours later on new charges of “assaulting two police women”. She wasagain released on December 15, 2014, and further put under house arrest untilJanuary 15, 2015.

On May 5,2015, the Bahrain High Criminal Court sentenced Ms. Jamsheer to a one yearprison term, suspended for three years on charges of “assaulting a policeofficer”.

On June 9,2015, the Third Lower Criminal Court sentenced Ms. Jamsheer to one year andeight months imprisonment on charges of defamation in connection with messagesposted via her Twitter account criticising alleged corruption in the managementof King Hamad Hospital in Bahrain. Ms. Jamsheer paid a bail of 400 BHD (approx1,200 USD) and filed an appeal.

Besides, onOctober 1, 2015, the Second Lower Criminal Court held its first hearing againstMs. Ghada Jamsheer on charges of “verbal and physical confrontation with apolice woman”. The Court then adjourned the hearing to November 11, 2015. Onthat day, Ms. Jamsheer's lawyers requested the Court to present evidence andwitnesses, and the court adjourned the hearing to December 28, 2015. TheProsecution alleges that Ms. Jamsheer assaulted a police officer while she wasdetained in September 2014.

In the present,separate case, for allegedly “assaulting a police officer”, for which she hasbeen sentenced in first instance to one year in prison suspended for threeyears, the High Criminal Court of Appeal had refused on October 29 the requestsfiled by Ms. Jamsheer and adjourned the hearing to November 23 for the verdict.The ruling was eventually issued on November 26.

TheObservatory recalls that on December 29, 2014, UNexperts urged the government of Bahrain to drop chargesagainst Ms. Jamsheer, as she was sentenced “purely for [her] criticism ofgovernment authorities. [...] Such criticism is not only fully legitimateaccording to Bahrain’s obligations under human rights law; it is also essentialto the free and public debate necessary for a healthy civil society” theyadded.

Furthermore,Ms. Jamsheer has faced other acts of harassment. For instance, on March 14,2015, Ms. Jamsheer was denied the right to board on a plane at BahrainInternational Airport by the airport's security office as she attempted totravel to France to receive medical treatment. Ms. Jamsheer, who did notreceive any prior notification, was not given any reason for the travel ban. OnMarch 23, 2015, Ms. Jamsheer complained to the Public Prosecutor's officeregarding the travel ban and was informed that she should submit a travelrequest to the High Criminal Court. The Court reviewed her request on April 12,2015 and decided to waive the travel ban, stating that there was no solidreason for such a restriction. Nonetheless, on April 15, 2015, the office ofthe Public Prosecutor was still unable to provide Ms. Jamsheer with a formalauthorisation to travel, stating that the file was now in the hands of theimmigration office.

Actions requested:

Please write to the authorities of Bahrain urging themto:

i. Guarantee in all circumstances thephysical and psychological integrity of Ms. Ghada Jamsheer;

ii. Put an end to any kind of harassment, including at the judicial level, against Ms. Ghada Jamsheer as well as against all human rightsdefenders in Bahrain;

iii. GuaranteeMs. Ghada Jamsheer's freedom of movement;

iv. Conform with the provisions of the UN Declaration on Human RightsDefenders, adopted by the General Assembly of the United Nations on December 9,1998, in particular its :

- Article 1, which provides that “everyone has the right, individuallyand in association with others, to promote and to strive for the protection andrealisation of human rights and fundamental freedoms at the national andinternational levels”,

- Article 12(1) that provides “everyone has the right, individually andin association with others, to participate in peaceful activities againstviolations of human rights and fundamental freedoms”,

- as well as Article 12.2, which provides that “the State shall take allnecessary measures to ensure the protection by the competent authorities ofeveryone, individually or in association with others, against any violence,threats, retaliation, de facto or de jure adverse discrimination, pressure orany other arbitrary action as a consequence of his or her legitimate exerciseof the rights referred to in the present Declaration”;

v. Ensure in allcircumstances, respect for human rights and fundamental freedoms in accordancewith international human rights standards and international instrumentsratified by Bahrain.

Addresses:

• CheikhHamad bin Issa AL KHALIFA, King of Bahrain, Fax: +973 176 64 587

• Cheikh Khaled Bin Ahmad AL KHALIFA, Minister ofForeign Affairs, Fax: 00973 17 21 05 75; ofd@mofa.gov.bh

• Cheikh Khalid bin Ali AL KHALIFA, Minister ofJustice and Islamic Affairs, Fax: +973 175 31 284

• Lt. Gen. Cheikh Rashed bin Abdulla AL KHALIFA, Ministerof Interior, Email: info@interior.gov.bh

• H.E. Mr. Yusuf Abdulkarim Bucheeri, 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

• H.E. Ahmed Mohammed Yousif Aldoseri, Embassy of theKingdom of Bahrain to the Kingdom of Belgium, Avenue Louise 250, 1050 Brussels,Belgium; Fax: 0032 (0) 26472274; E-mail: Brussels.mission@mofa.gov.bh