31 January 2011
The BCHR expresses concern about the Bahraini authorities targeting of journalists and writers and putting them on trial, in order to restrict freedom of speech and as an attempt to conceal facts from the domestic and international public opinion.
On the 30th of December 2010, after a trial that lasted about 6 months, the criminal court issued a ruling to fine Mohammed AlSawad, a journalist at Albilad newspaper, with 50 Bahraini Dinars. This after being convicted on charges of spreading news and information on the issue of former Minister Mansoor Bin Rajab,
31 January 2011
The BCHR expresses concern about the Bahraini authorities targeting of journalists and writers and putting them on trial, in order to restrict freedom of speech and as an attempt to conceal facts from the domestic and international public opinion.
On the 30th of December 2010, after a trial that lasted about 6 months, the criminal court issued a ruling to fine Mohammed AlSawad, a journalist at Albilad newspaper, with 50 Bahraini Dinars. This after being convicted on charges of spreading news and information on the issue of former Minister Mansoor Bin Rajab, which was one of the issues that the attorney general had issued a gag order on. The public prosecution based their case against AlSawad on the penal code of 1976 which states that: “The crime of publishing any information about an investigation, if the investigation authorities had decided to be conducted in the absence of liabilities or had banned the broadcast in the interest of public order, morality or the emergence of truth, will be punishable by imprisonment for a term not exceeding one year or a fine not exceeding one hundred dinars”.
According to journalist Alsawad: “The issue of the former minister has come out of the mandate of the Attorney General and became the Court’s jurisdiction and, therefore, the decision to stop publishing falls automatically. Such decisions continue only for the interest of the investigation, and then get cancelled automatically, since there is no gag order with no end ” He also pointed out: “that the purpose of publication is to inform the public on the outcome of the biggest cases of public opinion.”
Mohammad AlSawad wrote in the newspaper “AlBilad”, which is known to be close to the Prime Minister, on June 1, 2010 an article on the issue of former State Minister Mansoor bin Rajab. This was an issue which preoccupied the public opinion at home and abroad since the moment the investigation started with the former minister last March, on charges of laundering funds at home and abroad. It was suggested to the public by the governmental newspapers that the funds belonged to the Iranian National Guard, and was obtained through the smuggling of opium and was related with Hezbollah in Lebanon. It was also suggested that the former minister was in possession of photographs of military sites which he intended to deliver to Iran. While at the time the public prosecution did not confirm the relationship between Minister Bin Rajab with Iran or Hezbollah, they did not deny it either, but kept it a mystery, which suggested, to the local and the international public opinion that these claims could be valid despite them not being in the case file, according to the defence. When the defence lawyers issued a request to subpoena a minister who is a member of the ruling family, the minister of national security, Sheikh Khalifa bin Abdulla Al Khalifa, the prosecution was quick to issue a ban on the circulation of information in this case. While the King met with the minister and his family later which confirmed the termination of the case, no reference was made in regards to the name of the minister or his meeting with the king in the press release which was published only locally; which confirms the intention of the Authority to keep the image of the minister the same internationally. This was so as not to seem as if the authorities had withdrawn from their decision or was mistaken in the issue of prior conviction of the former minister at the local and international level.
Even after months, the minister was never brought to trial and there were no announcements of any developments, on the other hand, the journalist Alsawad was sentenced. The press is under a very repressive atmosphere especially since the trails of activists is taking place at the same time, which is another example of an investigation under gag order. It seems that Alsawads verdict was intended to promote self-censorship by journalists and to avoid repetition of violation of any gag orders.
Taking advantage of lack of independence of the judiciary in Bahrain, the Bahraini authorities usually prevent publication on any issues that might cause them embarrassment or stirs the public. In October 2006 the criminal court issued a gag order on the biggest scandal which shocked the country. An influential member of the ruling family Ahmad Bin Atiyatallah Al-Khalifa, was involved, who is currently Minister of state for cabinet affairs. This Albandar scandal was named after the person who unveiled it, former government advisor, Salah Albandar. This gag order remains in effect until this very day without any logical reason.
These practices are a clear violation of freedom of opinion and expression as well as the people’s right of access to correct information, especially as provided for in the second paragraph of Article 19 of the International Covenant on Civil and Political Rights which provides that “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 appeals to the Bahraini authorities to do the following:
1. Withdraw the sentence against the journalist Mohammed AlSawad.
2. To stop the continuous targeting of journalists and writers and to provide a healthy platform for them to do their duty to the fullest, without pressure or intimidation.
3. To halt the use of the judiciary system as a tool to crack down on journalists, to suppress freedom of opinion and expression. To stop control on the media through publishing laws which restrict freedoms.
4. To immediately lift the gag order placed on forbidden issues such as this case, as well as the issue of Dr. Salah al-Bandar, as those issues are issues of public concern to every citizen.
