The Public Prosecution Restricts Freedom of the Media in dealing with Government Corruption
While Allows itself to Use it in Cases against Activists and Opponent
15 August 2009
The Public Prosecution Restricts Freedom of the Media in dealing with Government Corruption
While Allows itself to Use it in Cases against Activists and Opponent
15 August 2009
The Bahraini press on 2 August 2009 quoted the Acting Public Prosecutor, the First Public Lawyer Abdul-Rahman Mohammed , stating that, “The press leading the public opinion in a way that affects the course of justice is a matter that obligates accountability and punishment, regardless of the truth that this guidance might include or the falsehood of it. Therefore, and in order to ensure the proper course of justice and in order to avoid affecting the judiciary and in implementation of the Constitution’s provision that decides that the accused is innocent until proven guilty in a court of law that guarantees the right to defend him or herself, and what the Penal law and Press law state about the prohibition of the dissemination of matters that could affect the judiciary and public prosecution in charge of the investigation, or that influence the witnesses that might be called to testify”.
This statement was said in relation to a corruption case against officials in the Bahrain Institute of Political Development, a government institution which was established to dominate political work and to guide and train the members of the Shura Council and the House of Representatives and cadres of political societies as a replacement for the the American NDI foundation.
Nabeel Rajab, president of the BCHR stated, “The Public Prosecution by that statement wants to restrict and limit the freedom of media in addressing issues relating to corruption in government bodies, however at the same time it has condemned itself and condemned the state-controlled mass media for the direct influence on the judiciary in several past cases during the last four years, relating to the arrest and trial of dissidents and human rights defenders, the last of these cases was the group of 35 activists who were maliciously accused of being involved in a terrorist plot, and by an order of the Prosecution they were exposed through government television and media before being presented to court and being finally released by a Royal decree”. Rajab added, “We stress in this matter on what the Public Prosecutor said That ‘the press leading the public opinion in a way that affects the course of justice is a matter that obligates accountability and punishment’, and we add ‘even if it were by a request or guided by the Public Prosecution’.”
The BCHR refuses any legal justifications of restricting the freedom of press and especially in addressing issues of corruption and violations of human rights, and refuses restricts on the freedom of human rights defenders in using mass media in their human rights work. Thus, it asks the Public Prosecution to commit to the principle of the ‘innocence of the accused prior to his or her conviction ‘ by not publishing any information that might be harmful to the detainees and especially human rights defenders and the ones accused in cases of public matter. It also asks the parliamentary and judicial bodies to open an investigation in all trelated violations commited by the Public Prosecution and to prosecute the violators and reform this institution, and to amend the laws in a way that prevents such violations from happening again, and to compensate the affected. The BCHR also calls on the affected to file civil cases in order to reveal the truth and mend the material and moral damages, and to address the specialized international bodies in this matter.