The court's decision not to grant Nabeel Rajab an early release is flawed

On December 2, 2013, the Court of Appeals scheduled an urgent session toexamine the request filed by Mr. NabeelRajab's lawyers for an early release of their client and decided not togrant such release without providing any grounds. According to the informationreceived, the Court also failed to investigate duly on whether conditions forearly release had been met. A representative from the US Embassy was preventingfrom observing this court hearing. Previously, on November 24, a penaltyenforcement judge had issued the same decision. During the session, Mr. Rajab'slawyers presented their arguments that Mr. Nabeel Rajab was eligible for earlyrelease in pursuance to the conditions laid under Article 349 of the CriminalProcedural Code, which sets three conditions: that ¾ of the sentence has beenserved, good behaviour during detention and not being a threat to publicsecurity. The proceedings failed to comply with the right to a fair trial asthe court failed to properly examine the request for early release; failed toprovide grounds for its decision and did not guarantee the public nature of thehearing. Lawyers were told that the decision was final and could not beappealed. By this, all local remedies have been exhausted.

“Thisdecision confirms that the Bahraini judiciary not only does not care aboutconforming to international human rights standards but also about implementingdomestic law in full independence”,said Karim Lahidji, President of the International Federation for Human Rights(FIDH).

This court's decision blatantly contradicts the Opinion recentlypublished by the United Nations (UN) Working Group on Arbitrary Detention(WGAD) session that the detention of Nabeel Rajab is arbitrary and that theBahraini authorities should release him immediately. The UN WGAD argued thatthe “denial of a universally accepted human right to freedom of opinion andexpression cannot be condoned by a domestic court, asseen in the case of Mr. Rajab”.

“The ongoing detention of Nabeel Rajab blatantly violates the InternationalCovenant on Civil and Political Rights (ICCPR) ratified by Bahrain as well asbasic internationally recognised human rights such as the right to fair trial. It is time for the Bahraini authorities to faceup to their international obligations and abide by the WGAD decision andrelease at last Mr. Rajab”, said GeraldStaberock, Secretary General of the World Organisation Against Torture (OMCT).

The Observatory recalls that the Bahraini authorities detained and convictedMr. Rajab under existing domestic laws in violation of the basic rightto freedom of opinion, expression and assembly. He was prosecuted forexercising his universally recognised human rights. The entire procedure was fraughtwith serious human rights violations from the time of arrest, throughdetention, trial and conviction.

The Observatory deeply regrets the court's refusal to grant Mr. Rajab anearly release, and deplores the judge's decision that did not provide anygrounds. It considers the decision an attempt to curtail Mr. Rajab's activitiesas a human rights defender and calls on the Bahraini authorities to adhere toits international human rights obligations and apply them to the case of Mr.Nabeel Rajab.

For more information, please contact:

· FIDH: Audrey Couprie/Arthur Manet:0033 1 43 55 25 18

· OMCT: Delphine Reculeau:0041 22 809 49 39