The Summoning of the Journalist Al-Sawad and Interrogating Him
National Security head, Sheikh Khalifa bin Abdullah Al-Khalifa
18 July 2010
The Bahrain Center for Human Rights expresses its concern for the Bahraini Authorities persistence in attempting to silence the voices and block and conceal the truth of the local and international public opinion, by targeting some journalists and writers, and which was this time resembled in summoning the journalist Mohammed Al-Sawad and questioning him on the charge of publishing news related to the former Minister Mansoor bin Rajab, and where the Public Prosecution had issued a decision of banning publishing anything related to his case.
The Summoning of the Journalist Al-Sawad and Interrogating Him
National Security head, Sheikh Khalifa bin Abdullah Al-Khalifa
18 July 2010
The Bahrain Center for Human Rights expresses its concern for the Bahraini Authorities persistence in attempting to silence the voices and block and conceal the truth of the local and international public opinion, by targeting some journalists and writers, and which was this time resembled in summoning the journalist Mohammed Al-Sawad and questioning him on the charge of publishing news related to the former Minister Mansoor bin Rajab, and where the Public Prosecution had issued a decision of banning publishing anything related to his case.
The BCHR was informed that the Public Prosecution had summoned the writer and journalist in “Al-Bilad” newspaper Mohammed Al-Sawad to interrogate him, and charged him with publishing news and information about a case where a decision to ban any publishing in this case has been issued by the Public Prosecutor. The Public Prosecution, and in forming its file against Al-Sawad depended on the Penal Code of 1976. Al-Sawad is facing a penalty of violating the publishing ban according to Article 246 of the Penal Code of 1976 and which states, “A punishment of imprisonment for a period not exceeding one year or a fine not exceeding BD100 shall be inflicted upon any person who published the following by any method of publication: News reports concerning an on-going inquiry regarding a crime or one of the documents of such inquiry or if the investigating authority has decided to conduct without the presence of the litigants or if it has banned the release of any details relating thereto in order to maintain public order or morals or to discover the truth.”
According to the journalist Al-Sawad, “the case of the former Minister is out of the mandate of the Public Prosecution and is now in the jurisdiction of the court, and thus, the decision to ban publishing automatically becomes invalid, and such decisions only continue until the interest of the investigation is achieved, then it is annulled automatically, as there is no thing as an infinite decision to ban publishing”. Al-Sawad indicated, “The aim of publishing is to inform the public of the proceedings of the most significant issues of public opinion”.
Mohammed Al-Sawad had addressed in “Al-Bilad” newspaper,on 1 June 2010, the subject of the case of the former State Minister Mansoor bin Rajab, and which is the case that preoccupied local and foreign public opinion since the moment of interrogating the former Minister last March, on the charge of money laundering inside the country and abroad, and at that time it was implied to public opinion by government newspapers that the funds belong to Iran’s Revolutionary Guards and that they are derived from smuggling opium, and that they are related to Hezbollah in Lebanon, and that the former Minister had photographs of military sites he intended to deliver to Iran. While the Public Prosecution did not confirm the Minister bin Rajab’s relation with Iran or Hezbollah at that time, it neither denied it and kept it a mystery, which suggested to local and international public opinion that these allegations were true without that being part of the case file according to the defense. The Public Prosecution instantly issued a decision of banning the circulation of information in this case after the defense of the dismissed Minister submitted a request to summon one of the members of the ruling family, and who is the National Security head, Sheikh Khalifa bin Abdullah Al-Khalifa.
Regularly, the Bahraini Authorities prohibit publishing in the cases that may cause it embarrassment or public disorder, taking advantage of the lack of independency in the Bahraini judiciary. In October 2006, the High Criminal Court issued a decision to ban publishing in the largest scandal that alarmed the country, and who had an influential ruling family member involved in it, and he is Sheikh Ahmed bin Atyat-Allah Al-Khalifa and who holds the post of Minister of State for Cabinet Affairs, and which was named “Bandargate” scandal in attribution to the person who revealed it, and he is the former government adviser Dr. Salah Al-Bandar. The ban is effective until this day without any mentionable logical reasons. This is an apparent violation of freedom of opinion and expression, as well as the right of people to access correct information, especially what was stated in the second paragraph of Article 19 of the International Covenant on Civil and Political Rights, “Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.”
Based on the above, the Bahrain Center for Human Rights demands the following from the Bahraini Authorities:
1. Withdraw the case filed against the journalist Mohammed Al-Sawad and to immediately stop interrogating him;
2. stop the continuous targeting of writers and journalists, and to provide a healthy environment for them to carry out their duties perfectly without any restrictions or intimidation;
3. Stop using the judicial authority as a tool to restrict journalists or suppress the freedom of opinion and expression, and to besiege publication media through liberty restricting laws and through the imprisonment or fine sentences;
4. To immediately lift the ban from circulating information related to the proceedings of the case of the dismissed Minister and the other banned cases, such as the case of Salah Al-Bandar, as they are public opinion cases that concern each citizen, and to stop violating human rights in obtaining information and news related to their fundamental rights.