Arbitrary detention and unfair trials in Bahrain during 2006
This Report is released by the Bahrain Center for Human Rights
November 2007
Preface:
The year 2006 has witnessed an extreme decline in public freedoms in Bahrain, especially in regards to freedom of expression and opinion and the freedom of assembly.
Arbitrary detention and unfair trials in Bahrain during 2006
This Report is released by the Bahrain Center for Human Rights
November 2007
Preface:
The year 2006 has witnessed an extreme decline in public freedoms in Bahrain, especially in regards to freedom of expression and opinion and the freedom of assembly.
The year 2006 has witnessed many violations, that were documented, against human rights defenders and political activists and juveniles, who were subjected to beatings, torture, and detention (some detained for extended periods without charges). While some were tried in criminal courts due to a peaceful manner of expression of opinion, or as a result of participating in protests and gatherings which were related to human rights issues.
All the foresaid arrests, detentions and charges were based upon the Bahraini Penal Code promulgated by Decree Law No. (15) in 1976 by the executive authority at a time when the Legislative Council was dissolved and the infamous emergency law (State Security) was applied. This law conflicts with the agreed constitutional principles and the conventions of the international covenants. Law No. 15 is based on strict new laws, such as the gatherings and press law, which violates human rights.
The Bahrain Center for Human Rights played a fundamental role in the defense of detainees through providing legal support. In 2006, the total number of detainees has reached seventy one (71). The BCHR has adopted all these cases. The Center’s role, as represented through the different stages of the proceedings, took the following form:
Indictment stage (Preliminary Investigation):
This stage is when the detention takes place, and the detainees are indicted with charges at the Police Stations, Criminal Investigation Department (CID), and the Public Prosecution Office. This is a very important and critical stage, because many detainees are subjected to torture and ill-treatment in order for the police to obtain information and make the detainees confess and acknowledge the charges made against them. These detentions are usually done in isolation, where the detainee is not allowed to contact his family or a lawyer. Furthermore, there is no neutral medical supervision.
In this stage, the Center’s role includes allocating lawyers in order to determine the detainees’ places and to attempt to secure the detainees visitation rights. BCHR members have also attended interrogation sessions, at the public prosecution, with the defendants in order to provide moral support and to reduce the element of coercion against the accused by the Investigation Authority, also to secure that the legal action taken against the detainees is sound.
Trial Stage: This is the stage when the criminal proceedings are referred to the relevant Courts.
The role of the Bahrain Centre for Human Rights (BCHR) entails all of the following:
A- Formation of the Defense Committee:
The BCHR assigns the most possible qualified lawyers to defend the accused detainees and coordinates amongst them in preparing the legal defenses.
B- Overseeing the preparation of the defense case:
This consists of overseeing, coordination and contribution to the preparation of the legal defense memoranda in liaison with the BCHR sponsored lawyers, and the provision of legal evidence and conducting a study of the case to extract the evidence.
C- Providing of legal Support:
This entails provision of legal advice to the accused and their families at all stages of the proceedings (the Charges Stage & trial) and informing them about the proceedings and responding to their inquiries through the lawyers and BCHR’s human rights activists.
D- Close monitoring and surveillance:
It is the provision of a detailed database of the detainee statements and the precise information of the charges of the ongoing proceedings and documenting the cases of violations and torture, if possible, by contacting the detainee and his/her family, and to present the BCHR’s specialist observing members for court hearings, should they be allowed to attend.
3- Assisting the families in organizing their movement:
In all the cases mentioned in this report the Bahrain Center for Human Rights brought together the relatives of detainees and helped them to organize themselves, and to develop strategies to reveal the truth and to set their children free. This escalating move has led to a royal pardon of a special release of all convicts and defendants, in the cases of opinion and freedoms in the year 2006.
Cases Overseen by the Bahrain Center for Human Rights in 2006
The total number of detainees, whoso cases were taken by the Bahrain Center for Human Rights in 2006, were 71 people spread over 10 lawsuits.
We will hereby cite the cases with an overview presentation of facts and charges against the detainees and the stages of the criminal proceedings.
1. The Case of Detainees in the Airport Incident:
A- Date of arrest: 28 / 12 / 2005.
B- Number of detainees: 22 people (five of them were activists in committees of human rights and national demands).
C- The charges against detainees: Article (178) of the Bahraini Penal Code: Anyone who participates in a gathering, composed of at least five people and in a public place, with the purpose of committing crimes and premeditated action facilitating or disturbing public security, even if it was to achieve a legitimate purpose, shall be liable to a term not exceeding two years or a fine not exceeding BD200/-, or one of the foresaid charges.
– Article (155 / 1) anyone who deliberately damages buildings or public property or property allocated for the public interests will be punished with imprisonment.
– Article (179) if one or more of the gathered persons proceeded with the use of violence to achieve the gathering objective, all participants will be punished with imprisonment and/or a fine.
– Incident Profile: They were arrested following the arrest warrants they received for their participation in a peaceful gathering. at the airport of Bahrain. The protesters demanded the release of a detained cleric who was arrested for his political opinions, when returning from abroad. The detainees were carefully selected from a group of more than 200 people who participated in the protest. Most of these detainees are either members in committees of people’s demands or human rights activists.
D- Stages of the proceedings: Following the Prosecution’s decisions to keep them in custody for investigation for a period of 15 days, the cases were then referred to the criminal court and the detainees were sentenced after one month.
E- Court Judgment: the Lower Criminal Court sentenced four persons not guilty of the charges and sentenced the remaining to two years imprisonment. After the defendants appeal the punishment period was reduced to one year by the Court of Appeal.
F- Discrimination and release: The detainees requested to appeal to the Court of Cassation because the articles that the charges were based on are unconstitutional, and because of the incorrect way the law was being applied. However this trial was not held due to a royal pardon in the case, and the detainees were released a week prior to the expiration of the sentence.
G- -Names of Sponsored lawyers in the case:
1. Mohamed Jaffar Al-Mutawa
2. Ahmed Jaffar Al-Arayyedh
3. Fatima Al-Hawaj
4. Fadhel Al-Mudaifa
5. Shahzalan Khamees
6. Ali Salem Al-Arayyedh
7. Taimoor Kareemy
8. *Court of Cassation: Mohamed Ahmed
H- – Release: The detainees were released on the 22nd of September 2006 following the special pardon in the issues of freedoms and expression; this happened to be one week prior to the expiration of the sentence period, as the expiration of the sentence was the 28th of September, 2006.
On the 15th of February, 2006 those who were acquitted by the court were released. This was after they had spent 49 days in detention.
2- The case of detainees who participated in a peaceful march in Daih:
A. Date of Arrest: 14th June 2006
B. No. of Detainees: 14 people
C. The charges against detainees: Article (178) of the Bahraini Penal Code: Anyone who participates in a gathering, composed of at least five people and in a public place, with the purpose of committing crimes and premeditated action facilitating or disturbing public security, even if it was to achieve a legitimate purpose, shall be liable to a term not exceeding two years or a fine not exceeding BD200/-, or one of the foresaid charges.
– Article (155 / 1) anyone who deliberately damages buildings or public property or property allocated for the public interests will be punished with imprisonment.
– Article (179) if one or more of the gathered persons proceeded with the use of violence to achieve the gathering objective, all participants will be punished with imprisonment and/or a fine.
D. Incident Profile: They were arrested during their participation in a peaceful march, demanding the release of detainees of opinion when the police dispersed the march without warning.
E. Stages of the proceedings: Following the Prosecution’s decisions to keep them in custody for investigation for a period of 15 days, the cases were then referred to the criminal court and the detainees were sentenced after one month. Seven peopled were excluded, due to insufficient evidence against them and they were released on the 29th of January, 2006.
F. Court Judgment: the Lower Criminal Court sentenced seven people to two years and after the appeal by the defendants the punishment period was reduced to one year before the Court of Appeal.
G. Names of Sponsored lawyers in the case:
1. Radhy Khalil
2. Ahmed Jaffar Al-Arayyedh
3. Fatima Al-Hawaj
H- Release: The detainees were released on the 22nd of September, 2006 following the special pardon in the issues of freedoms and expression; this was 25 days prior to the expiration of their sentence period, as they were supposed to be release on the 13th of October, 2006.
3- The case of detainees in the protest near Dana Mall:
A. Date of Arrest: 10th March 2006
B. No. of Detainees: 22 people (two people were Human Rights activists in Committees of People’s Demand and four people were under the age of 18).
C. The charges against detainees: Article (178) of the Bahraini Penal Code: Anyone who participates in a gathering, composed of at least five people and in a public place, with the purpose of committing crimes and premeditated action facilitating or disturbing public security, even if it was to achieve a legitimate purpose, shall be liable to a term not exceeding two years or a fine not exceeding BD200/-, or one of the foresaid charges.
-Article (227) punishment with imprisonment, for a period not exceeding ten years, for a person who starts a fire, with the intention of endangering people’s lives or property (fixed or movable property), even if owned by him.
D. Incident Profile: the defendants were arrested during their participation in a peaceful protest that was organized by the relatives of the detainees in the previous cases, demanding the release of their sons. Although security authorities were notified prior to the protest, the riot police attacked the protesters with teargas and rubber bullets, which led to the escape of participants to the nearest building i.e. Dana Shopping Complex. The riot police chased the demonstrators into the shopping mall and indiscriminately arrested people with the use of force.
E. Stages of the proceedings: Following the Prosecution’s decisions to keep them in custody for investigation for a period of 45 days, the case was referred to the High Criminal Court and was adjourned four times due to unavailability of prosecution witnesses to attend court at the request of the defense. During the trial amnesty was issued to release all of the detainees.
F. Court Judgment: No verdict was issued due to the pardon and their release.
G. Names of Sponsored lawyers in the case:
1. Abdulla Shamlawi
2. Ahmed Jassem
3. Fatima Al-Hawaj
4. Issa Ebrahim
H- Release: The detainees were released on the 24th of September 2006, following the pardon in the cases of freedom and expression and prior to pronouncing the sentences against the detainees. This release took place after six and a half months of imprisonment.
4. The Case of the Detainees of Daih’s Peaceful march on April 2, 2006:
A. Date of arrest: 2 / 4 / 2006.
B. Number of detainees: 5 people
C. The charges against detainees: Article (178) of the Bahraini Penal Code: Anyone who participates in a gathering, composed of at least five people and in a public place, with the purpose of committing crimes and premeditated action facilitating or disturbing public security, even if it was to achieve a legitimate purpose, shall be liable to a term not exceeding two years or a fine not exceeding BD200/-, or one of the foresaid charges.
– Article (155 / 1) anyone who deliberately damages buildings or public property or property allocated for the public interests will be punished with imprisonment.
– Article (179) if one or more of the gathered persons proceeded with the use of violence to achieve the gathering objective, all participants will be punished with imprisonment and/or a fine.
D. Incident Profile: The detainees were arrested from the main street following a peaceful march demanding the release of detainees in the cases of opinion and freedom.
E. Stages of the proceedings: The defendants were detained by Public Prosecution for 45 days for investigation and then the case was referred to the Criminal Court and during the trial amnesty was issued to release all of the detainees in the cases of opinion and freedoms.
F. Court Judgment: No verdict was issued due the pardon and their release.
G. Names of Sponsored lawyers in the case:
1. Fatima Al-Hawaj
2. Issa Ebrahim
3. Radhy Khalil
H. Release: The detainees were released on the 26th of September, 2006 following the pardon in the issues of freedoms and expression; this was prior to their sentence and after five months and a half of imprisonment.
5. The Case of the Detainees of Bani Jamra’s Peaceful march:
A. Date of arrest: 16 / 3 / 2006.
B. Number of detainees: 2 people
C.
The charges against detainees: Article (178) of the Bahraini Penal Code: Anyone who participates in a gathering, composed of at least five people and in a public place, with the purpose of committing crimes and premeditated action facilitating or disturbing public security, even if it was to achieve a legitimate purpose, shall be liable to a term not exceeding two years or a fine not exceeding BD200/-, or one of the foresaid charges.
– Article (155 / 1) anyone who deliberately damages buildings or public property or property allocated for the public interests will be punished with imprisonment.
– Article (179) if one or more of the gathered persons proceeded with the use of violence to achieve the gathering objective, all participants will be punished with imprisonment and/or a fine.
D. Incident Profile: The detainees were arrested after they received warrants from the police station on suspicion of their involvement in the demonstrations and acts of protest
E. Stages of the proceedings: The defendants were detained by Public Prosecution for 30 days for investigation and then the case was referred to the Criminal Court
F. Court Judgment: Found innocent of all charges
G. Names of Sponsored lawyers in the case:
1. Issa Ebrahim
2. Ahmed Jaffar Al-Arayyedh
H. Release: They were released after being acquitted of the charges on the 5th of July 2006. This was after four months and five days of detaintion.
6. The Case of the Detainees of Daih’s Peaceful march April 4, 2006 :
A. Date of arrest: 28 / 4 / 2006.
B. Number of detainee: 1 Person
C.
The charges against detainees: Article (178) of the Bahraini Penal Code: Anyone who participates in a gathering, composed of at least five people and in a public place, with the purpose of committing crimes and premeditated action facilitating or disturbing public security, even if it was to achieve a legitimate purpose, shall be liable to a term not exceeding two years or a fine not exceeding BD200/-, or one of the foresaid charges.
– Article (179) if one or more of the gathered persons proceeded with the use of violence to achieve the gathering objective, all participants will be punished with imprisonment and/or a fine.
D. Incident Profile: The detainee were arrested from his home on suspicion of participation in a peaceful demonstration.
E. Stages of the proceedings: The detainee was held in custody for 2 months for investigation, he was then referred to the Lower Criminal Court.
F. Court Judgment: He was found innocent from all charges.
G. Names of Sponsored lawyers in the case:
1. Ahmed Jaffar Al-Arayyedh
7. The Case of a Detainee accused of providing a hide for a wanted:
A. Date of arrest: 28 / 4 / 2006.
B. Number of detainee: 1 Person
C. The charges against detainees: Article (51/1) of the Bahraini Penal Code: Anyone who helps a sentenced person to escape will be punished.
D. Incident Profile: The detainee was arrested by civic police while driving his car with his nephew by his side. His nephew wanted by the security authorities in the case of gathering at the airport (refer case no.1).
E. Stages of the proceedings: He was arrested for two weeks for investigation by the Public Prosecutor. However, he was released prior to expiration of the custody due to his suffering of heart disease. He was then referred to the criminal court.
F. Court Judgment: He was found innocent from all charges.
G. Names of Sponsored lawyers in the case:
1. Hassan Al-Nahhash
8. The Case of a Detainee of Sanabis’s Peaceful march:
A. Date of arrest: 4 / 12 / 2005.
B. Number of detainee: 1 Person
C.
The charges against detainees: Article (178) of the Bahraini Penal Code: Anyone who participates in a gathering, composed of at least five people and in a public place, with the purpose of committing crimes and premeditated action facilitating or disturbing public security, even if it was to achieve a legitimate purpose, shall be liable to a term not exceeding two years or a fine not exceeding BD200/-, or one of the foresaid charges.
– Article (179) if one or more of the gathered persons proceeded with the use of violence to achieve the gathering objective, all participants will be punished with imprisonment and/or a fine.
D. Incident Profile: The detainee was arrested as he was leaving a shopping mall. Protestors were demonstrating outside the mall.
E. Stages of the proceedings: The detainee was detained for 90 days for investigation and he was then referred to the Lower Criminal Court.
F. Court Judgment: The Lower Court sentenced him to a year imprisonment, and after the appeal, the Appeal Court affirmed the sentenced period.
G. Names of Sponsored lawyers in the case:
1. Ahmed Jaffar Al-Arayyedh
H. Release: The detainee was released on the 22nd of September, 2006 following the pardon in the cases of freedom and expression; this was prior to the expiration of his sentence by two days as the sentenced expiration date was the 24th of September 2006.
9. The Case of the Detainees accused of possessing a printed document:
A. Date of arrest: 16 / 11 / 2006.
B. Number of detainees: 2 people
C. The charges against detainees: Article No. (161) of the Penal Code states; a penalty of imprisonment or a fine for the possession of a printed document that contains support for or the promoting of the overthrow or change of the political, social or economic regime.
D. Incident Profile: The detainees were arrested while possessing some booklets written by a Bahraini Writer who presents his point of view on the parliamentary elections.
E. Stages of the proceedings: The detainees were detained for 15 days before they were referred to Public Prosecution for trial.
F. Court Judgment: One defendant was sentenced to one year imprisonment and the second to six months. The judgment was appealed but the next session was not decided due to special amnesty against the charges.
G. Names of Sponsored lawyers in the case:
1. Mohamed Ahmed
H. Release: They were acquitted of the charges and then released on the 25th of February 2006. This was after the amnesty.
10. The Case of the Detainee of Sanabis’s Peaceful march:
A. Date of arrest: 29 /12 / 2006.
B. Number of detainee: 1 Person
C.
The charges against detainees: Article (178) of the Bahraini Penal Code: Anyone who participates in a gathering, composed of at least five people and in a public place, with the purpose of committing crimes and premeditated action facilitating or disturbing public security, even if it was to achieve a legitimate purpose, shall be liable to a term not exceeding two years or a fine not exceeding BD200/-, or one of the foresaid charges.
– Article (179) if one or more of the gathered persons proceeded with the use of violence to achieve the gathering objective, all participants will be punished with imprisonment and/or a fine.
D. Incident Profile: The detainee was arrested for participating in a peaceful demonstration demanding the release of political prisoners.
E. Stages of the proceedings: The detainee was held in custody for 30 days by Public Prosecution. The case was referred to the Court who ordered his release on the basis of a guaranteed residence until sentence pronouncement.
F. Court Judgment: The case is still under deliberation.
G. Names of Sponsored lawyers in the case:
1. Issa Ebrahim
Release: The detainee was released on the 22nd of February 2007 after the first hearing on the basis of a guaranteed residence. The case is still pending before the court.