Continued arbitrary detention and judicial harassment of Ms. Ghada Jamsheer

Arbitrarydetention / Critical health condition

Bahrain

October31, 2016

The Observatory for the Protection of Human RightsDefenders, a partnership of 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 been informed by the Gulf Centrefor Human Rights (GCHR) about the continued arbitrary detention and judicialharassment of Ms. Ghada Jamsheer, a writer and blogger, Head of theWomen's Petition Committee, an organisation which campaigns for the rights anddignity of women in the Shari'ah family courts.

According to information received, on November 7, 2016, Ms. GhadaJamsheer will appear before Manama’s High Criminal Court of Appeal, on chargesof defamation related to messages posted via her Twitter account criticising corruptionin the management of King Hamad Hospital in Bahrain, which is run by members ofthe ruling family (see background information).

The Observatory recalls that Ms. Ghada Jamsheer, who has been detainedsince August 15, 2016, is currently serving a three-month prison term as partof her ten-month appeal sentence handed down on June 22, 2016, on allegationsof defamation in connection with the same above-mentioned Twitter messages. As of issuing thisUrgent Appeal, Ms. Ghada Jamsheer does not have any legal representation, andis likely to be representing herself on the day of the hearing.

In addition, Ms. Ghada Jamsheer is being held in poor sanitaryconditions in spite of her critical health condition. She is affected withrheumatoid arthritis, a condition which requires medical treatment to which shedoes not have access while in prison, and which cannot be treated under suchsanitary conditions. In that respect, she has requested a hearing beforeManama’s High Criminal Court of Appeal so as to be granted community serviceinstead of jail term, in order to receive adequate medical treatment.

TheObservatory strongly condemns the arbitrary detention and the continuousjudicial harassment of Ms. Ghada Jamsheer, which seems to merely aim atsanctioning her human rights activities, and calls upon the Bahrainiauthorities to release her immediately and unconditionally, and to drop allcharges against her.

TheObservatory also urges the Bahraini authorities to guarantee in allcircumstances Ms. Ghada Jamsheer’s physical and psychological integrity,including her access to adequate medical treatment.

Backgroundinformation:

Over thepast years, Ms. Jamsheer has come under permanent surveillance with a 24-hourpresence of plainclothes Public Security officials of the Ministry of the Interiorin 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 KingHamad Hospital in Bahrain, which is run by members of the ruling family.Various charges 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” related toa confrontation that would have taken place during her arrest in September2014. She was again released on December 15, 2014, and further put under housearrest until January 15, 2015.

On March 14,2015, Ms. Jamsheer was prevented from leaving Bahrain via Bahrain InternationalAirport by security authorities, following an order of the Prosecutor General.She did not receive any written notification about the ban.

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 November26, 2015, the High Criminal Appeal Court upheld the one-yearsentence, suspended for three years, issued against Ms. Ghada Jamsheer on charges of “assaulting a police officer”. TheCourt refused all the requests made by the defense lawyers, which included thetestimony of Ministry of Interior officials and a forensic examination ofwhether Ms. Jamsheer could have kicked the police officer as alleged.

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 the 2014“corruption Tweets” (see above). 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 new charges of “verbal and physical confrontation with apolice woman” also related to the above-mentioned September 2014 incident. TheCourt adjourned the hearing to November 11, 2015. On that day, Ms. Jamsheer'slawyers requested the Court to present evidence and witnesses, and the courtadjourned the hearing to December 28, 2015, and then again to March 31, 2016.Once more, the hearing was postponed with no date provided for the nexthearing.

On January18, 2016 the Third Criminal Superior Court of Appeal sentenced Ms. GhadaJamsheer to two terms of two months in prison each and a 100 Dinars fine(approx. 241€) on charges of defamation in relation with the above-mentioned“corruption Tweets”.

In addition,on January 30, 2016, the High Criminal Appeal Court sentenced Ms. GhadaJamsheer to 3 months in prison under the same corruption charges. At that time,Ms. Ghada Jamsheer’s fine amounted to 10,000 Dinars (approx. 24,181€).

On March 8,2016, Ms. Ghada Jamsheer was further sentenced to an additional three months inprison, under the same charges, amounting to a total of 10 months sentence.

On June 22,2016, the Second High Criminal Court of Appeal sentenced Ms. Ghada Jamsheer inappeal to ten months in prison for four cases related to the 2014 “corruptionTweets”.

On August 15, 2016, Ms. Ghada Jamsheer was arrested upon her arrival atBahrain’s airport in Manama from London. Since then, she has been detained atthe Isa Town Detention Centre for Women.

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”they added[1].

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. Release Ms. Ghada Jamsheerimmediately and unconditionally, since her detention is arbitrary as it onlyaims at sanctioning her human rights activities;

iii. Immediately provide Ms. Ghada Jamsheer withthe medical treatment she requires;

iv. Put an end to any kind of harassment, including atthe judicial level, againstMs. Ghada Jamsheer as well asagainst all human rights defenders in Bahrain;

v. Guarantee Ms. Ghada Jamsheer'sfreedom of movement;

vi. 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 Articles 1, 12(1) and Article 12.2;

vii.Ensurein all circumstances, respect for human rights and fundamental freedoms inaccordance with international human rights standards and internationalinstruments ratified by Bahrain.

Addresses:

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

• CheikhKhaled Bin Ahmad AL KHALIFA, Minister of Foreign Affairs, Fax: 00973 17 21 0575; Email: ofd@mofa.gov.bh

• CheikhKhalid bin Ali AL KHALIFA, Minister of Justice and Islamic Affairs, Fax: +973175 31 284

• Lt.Gen. Cheikh Rashed bin Abdulla AL KHALIFA, Minister of Interior, Email: info@interior.gov.bh ; Twitter:@moi_Bahrain; @Khaled_Bin_Ali

• H.E.Mr. Yusuf Abdulkarim Bucheeri, PermanentMission of Bahrain to the United Nations in Geneva, Switzerland. Fax: + 41 22758 96 50. Email: info@bahrain-mission.ch

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

***

Paris-Geneva,October 31, 2016

Kindlyinform us of any action undertaken quoting the code of this appeal in yourreply.

TheObservatory for the Protection of Human Rights Defenders (the Observatory) wascreated in 1997 by the World Organisation Against Torture (OMCT) and FIDH. Theobjective of this programme is to intervene to prevent or remedy situations ofrepression against human rights defenders. FIDH and OMCT are both members of ProtectDefenders.eu,the European Union Human Rights Defenders Mechanism implemented byinternational civil society.

[1] SeeUnited Nations Office of the High Commissioner for Human Rights (OHCHR), UNexperts urge Bahrain to drop charges against women activists for governmentcriticism, December 29, 2014, available at: http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=15460&LangID=E