Human rights defender Nabeel Rajab to remain in detention, appeal trial to resume on September 27

BAHRAIN: Human Rights Defender Nabeel Rajab to remainin detention, appeal trial to resume on September 27

Trial Observation Mission

Paris-Geneva, September 12, 2012 – The Observatory for the Protectionof Human Rights Defenders, a joint programme of the International Federationfor Human Rights (FIDH) and the World Organisation Against Torture (OMCT), senta trial observation mission to Bahrain to observe the opening of the appeal incases against Mr. Nabeel Rajab. It remains very concerned at the continuationof the policy of silencing and criminalising legitimate human rightsactivities.

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OnSeptember 10, 2012, a Bahrain appeals court rejected the requests fromthe lawyers of Mr. Nabeel Rajab, President of the Bahrain Centre forHuman Rights (BCHR), Director of the Gulf Centre for Human Rights (GCHR) andFIDH Deputy Secretary General, to release him on bail and scheduled thenext hearing for September 27. During this hearing, Mr. Rajab's lawyers alsosubmitted a request to merge the charges of the three cases and another requestto add to the case file a report stating that Mr. Rajab had been beaten by thepolice. On August 16, 2012, the Lower Criminal Court had sentenced NabeelRajab, to three years’ imprisonment for three cases related to hisparticipation in peaceful gatherings in favour of fundamental freedoms anddemocracy. He has been detained since July 9, 2012[1].

‪The appeal proceedings are expected to resume onSeptember 27 with the examination of evidence and witness testimonies relatedto the three criminal cases to be brought by both the Prosecutor and theDefense. Mr. Rajab's lawyers challenged the fairness of thetrial on the basis that defense evidence was not heard before the convictionswere entered and the sentence issued. Meanwhile Mr. Rajab's lawyers intend tofile a petition for review, by the implementation judge, of the decision not toorder provisional release.

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OnSeptember 10, human rights blogger Zainab Al-Khawajaalso appeared in court. Ms. Al-Khawaja is currently in detention and 13 caseshave been filed against her over the past months for her participation in thosepeaceful protests.

‪The trial observation mission was conducted byFIDH Vice President Katherine Gallagher, Senior Attorney at the Center forConstitutional Rights (CCR, USA). She had unimpeded access to the court roomand could meet privately with Mr. Rajab at Jaw prison. She also met theMinister of Justice, the Human Rights Under Secretary, Nabeel Rajab's familyand lawyers, human rights defenders and diplomats.

Whilewelcoming the cooperation of the Bahraini authorities during the mission,theObservatory recalls that the exercise of the rights to freedom of expressionand of peaceful assembly, including by calling for reforms and denouncing humanrights violations, is not a crime. Those rights constitute legitimate freedomsnecessary in a democratic state. For this reason, it firmly condemns thecontinuing campaign to criminalise dissent and human rights defenders. The continuingrepression of free speech in Bahrain violates Bahrain international legalobligations and urges the Bahraini authorities to comply with the rights topeaceful assembly and expression, and to immediately release those arbitrarilydetained for exercising their legitimate freedoms.

For more information,please contact:

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

· OMCT: Anne-Laurence Lacroix: +41 (0) 22 809 49 31

[1] NabeelRajab was initially arrested in relation to another criminal case for which hewas acquitted on August 23, 2012. See the Observatory's Urgent Appeals BHR 001/ 0512 / OBS 048.2, July 10, 2012 and BHR 001 / 0812 / OBS 048.6.