Ongoing judicial harassment of Mr. Sayed Yousif AlMuhafdhah

New information

BHR 002 / 1212 / OBS102.4

Arbitrarydetention /

Judicialharassment

Bahrain

January 8, 2013

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:

TheObservatory has been informed by reliable sources about the judicial harassmentof Mr. Sayed Yousif AlMuhafdhah,Acting Vice President and Head of Documentation Unit of the Bahrain Center forHuman Rights (BCHR).

According to the information received, on January 9, 2013, Mr. Sayed YousifAlMuhafdhah will appear before the Fourth Lower Criminal Court to face charges ofspreading false information on Twitter. He faces a prison sentence of up to oneyear and a fine of up to 100 BD.

TheObservatory strongly condemns the continued arbitrary detention and judicialharassment of Mr. AlMuhafdhah, and calls on the Bahraini authorities to releasehim immediately and unconditionally, as it seems to merely aim at sanctioningand hindering his human rights activities.

The Observatory more generally reiterates its call on the Bahraini authoritiesto put an end to all acts of harassment – including at the judicial level –against all human rights defenders in Bahrain, and to comply with allinternational human rights standards and international instruments ratified byBahrain, in particular the United Nations (UN) Declaration on Human RightsDefenders, adopted by the UN General Assembly on December 9, 1998.

Background information:

On September 23, 2012, Mr. AlMuhafdhah and other Bahraini human rights defenderswho cooperated with the United Nations (UN) received threats of reprisals whilethey were in Geneva to participate in the 21st session of the UN Human RightsCouncil. The pro-governmental newspaper Al-Watan accused Mr. AlMuhafdhah andother human rights defenders of “defaming Bahrain” and labelled them as“traitors to the country”.

On November 2, 2012, Mr. AlMuhafdhah was arrested in Duraz while he wasdocumenting the injury of a man who was shot by bird-shot pellets at a protestearlier that day. Mr. AlMuhafdhah was transferred to Budaiya Police Stationwhere he was interrogated about his presence at the injured man’s door.

In the morning of November 3, 2012, Mr. AlMuhafdhah was taken to the publicprosecution where he was remanded seven days of detention on charges of“participation in illegal protests”. On November 10, 2012, the publicprosecution decided to extend Mr. Sayed Yousif AlMuhafdhah’s detention by sevenadditional days without providing any grounds or justification for thisdecision. On November 14, 2012, the Public Prosecution decided to release Mr.Sayed Yousif AlMuhafdhah and drop the charges of “participation in illegalprotests” that had been pending against him since November 2, 2012.

OnDecember 17, 2012, Mr. Sayed Yousif AlMuhafdhah was arrested while he wasmonitoring a demonstration held in the capital city of Manama to mark theanniversary of two protesters who were killed in 1994. On December 18, thePublic Prosecutor remanded him in custody in Hooth Al-Jaff prison for sevendays pending an investigation on charges of spreading false information onTwitter.

OnDecember 25, 2012, Mr. Sayed Yousif AlMuhafdhah was presented before the PublicProsecution, which renewed his detention by 15 days.

OnDecember 27, 2012, the Public Prosecution referred the case to the Court.

Actionsrequested:

The Observatory urges the authorities of Bahrain to:

i.Guarantee the physical and psychological integrity of Mr. Sayed YousifAlMuhafdhah, as well as of all human rights defenders in Bahrain;

ii. Release Mr. Sayed Yousif AlMuhafdhah immediately and unconditionally as hisdetention is arbitrary since it seems to merely sanction his human rightsactivities;

iii. Put an end to any act of harassment, including at the judicial level,against Mr. AlMuhafdhah, as well as against all human rights defenders inBahrain;

iv. Conform in any circumstances with the provisions of the UN Declaration onHuman Rights Defenders, in particular:
its Article 1, which states that “everyonehas the right, individually or in association with others, to promote theprotection and realization of human rights and fundamental freedoms at thenational and international levels” ;
its Article 6 (c) which states that“everyone has the right, individually and in association with others to study,discuss, form and hold opinions on the observance, both in law and in practice,of all human rights and fundamental freedoms and, through these and otherappropriate means, to draw public attention to those matters” ;
and its Article 12.2 which states that“the State shall take all necessary measures to ensure the protection by thecompetent authorities of everyone, individually and in association with others,against any violence, threats, retaliation, de facto or de jure adversediscrimination, pressure or any other arbitrary action as a consequence of hisor her legitimate exercise of the rights referred to in the presentDeclaration”.

v. Ensure in all circumstances respect for human rights and fundamentalfreedoms in accordance with international human rights standards andinternational instruments ratified by Bahrain.

Addresses:

· Cheikh Hamad bin Issa AL KHALIFA, King of Bahrain,Fax: +973 176 64 587

· Cheikh Khaled Bin Ahmad AL KHALIFA, Minister ofForeign Affairs, Tel: +973 172 27 555; Fax : +973 172 12 6032

· Cheikh Khalid bin Ali AL KHALIFA, Minister of Justiceand 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 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

Please also write to diplomatic representations ofBahrain in your respective countries.

***

Paris-Geneva,January 8, 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