Acquittal of Nabeel Rajab on one case but arbitrary detention and judicial harassment continue

New Information

BHR 001 / 0812 / OBS 048.6

Acquittal

Arbitrarydetention / Judicial harassment

Bahrain

August 23, 2012

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:

The Observatory has been informed by reliable sources aboutthe acquittal of Mr. Nabeel Rajab, President of the Bahrain Centre for Human Rights(BCHR), Director of the Gulf Centre for Human Rights (GCHR) and FIDH DeputySecretary General[1], in one of the cases brought against him, butrecalls that the latter remains arbitrarily detained on the basis of threeother sentences related to three other cases.

According to the information received, on August 23, 2012,Mr. Nabeel Rajab was acquitted by the Higher Appeal Court in relation to a casebrought against him for allegedly “libelling the residents of Al Muharraq”after a tweet he posted on his Twitter account on June 2, 2012 (see backgroundinformation). He had been sentenced by the 5th Lower Criminal Court to threemonths imprisonment on July 9, 2012, and had appealed the sentence.

The Observatory is however gravely concerned about Mr.Rajab's statements made in court today, according to which he was subjected topsychological and physical torture while in detention.

The Observatory welcomes this decision, but stronglycondemns his ongoing arbitrary detention, as he was sentenced on August 16,2012 to three years' imprisonment in three other cases brought against him for preparationof and participation in unauthorised marches (see background information).

The Observatory calls for his immediate and unconditionalrelease, as his judicial harassment and ongoing arbitrary detention merely aimat hindering his human rights activities. The Observatory also recalls thatacts of torture and ill-treatment are criminal offences that should be dulysanctioned according to law.

TheObservatory more generally urges the Bahraini authorities to put an end to allacts of harassment against Mr. Rajab, and to comply with the relevantinternational norms and standards, in particular the United Nations (UN)Declaration on Human Rights Defenders, adopted by the UN General Assembly onDecember 9, 1998, and international human rights standards and internationalinstruments ratified by Bahrain.

Backgroundinformation:

On July 9, 2012, Mr. Nabeel Rajab was arrested by maskedpolice officers at his house[2] afterhe 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?".

On the same day, the 5th Lower Criminal Court sentenced Mr.Rajab to three months imprisonment for allegedly libelling the residents of AlMuharraq through tweets posted on his twitter account.

Following this sentence, on August 12, the Higher AppealCourt called to the stand the only police officer responsible for theinvestigation of this case. The purpose of the hearing was to identify thepossible existence of proofs that Mr. Nabeel Rajab was indeed the author ofthat tweet. During the questioning, inconsistencies were noted in thestatements of the police officer. The latter stated in particular that he wasnot the technical expert to determine whether Mr. Rajab was the author of thetweet, and that he did not personally possess such proofs. The judge wasexpected to issue the verdict on August 16, 2012, but on that day, the hearingwas postponed to August 23, 2012.

On August 16, 2012, the Lower Criminal Court had alsosentenced Mr. Nabeel Rajab to three years imprisonment. Mr. Rajab appearedbefore the Court for three cases related to his participation in peacefulgatherings in favour of fundamental freedoms and democracy:

- The first case relates to charges of “participating in anillegal assembly” and “calling others to join”, in relation to a protestorganised on March 31, 2012 in Manama to denounce the detention of the founderof GCHR, former President of the Bahrain Centre for Human Rights (BCHR), andformer MENA Director at Front Line, Mr. Abdulhadi Al Khawaja.

- The second case relates to on charges of “involvement in illegal practicesand incitement to gatherings and calling for unauthorised marches throughsocial networking sites” for a protest in Manama on January 12, 2012.

- The third case on relates to charges of “participating inan illegal assembly” in relation to several protests that took place in Manamain February 2012.

The Court sentenced Mr. Nabeel Rajab to one yearimprisonment for each of these three cases.

In total, five caseswere brought against Mr. Rajab over the past months.

Actionsrequested:

The Observatory urges the authorities of Bahrain to:

1. Release Mr. Nabeel Rajab immediately and unconditionally as his detention is arbitrary since it seems to merely sanction his human rights activities;

2. Order a thorough, impartial and effective investigation into the alleged acts of torture and ill-treatment mentioned above, in order to identify all those responsible, bring them before a civil competent and impartial tribunal and apply to them the penal sanctions provided by the law;

3. Put an end to any act of harassment, including at the judicial level, against Mr. Nabeel Rajab and against all human rights defenders in Bahrain;

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

5. Conform in any circumstances with the provisions of the Declaration on Human Rights Defenders, 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 ofBahrain to the United Nations in Geneva, 1 chemin Jacques-Attenville, 1218Grand-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.

***

Paris-Geneva,August 23, 2012

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

[1] Mr. Rajab is also a member of the Advisory Committee of Human Rights Watch'sMiddle East Division and Chair of CARAMAsia.

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