3 May 2011
The International Observatory for Lawyers expresses its deep concern regarding the arbitrary arrest and detention, on 15 April 2011, of Mohammed al-Tajer by the country security forces.
Description of the situation:
Mohammed al-Tajer is a prominent Bahraini lawyer. He has been defending many opposition and human rights activists and recently acted for the defence of Hassan Mouchaïmaa, leader of the opposition Haq group, arrested in March 2011 when he returned from an exile in London.
3 May 2011
The International Observatory for Lawyers expresses its deep concern regarding the arbitrary arrest and detention, on 15 April 2011, of Mohammed al-Tajer by the country security forces.
Description of the situation:
Mohammed al-Tajer is a prominent Bahraini lawyer. He has been defending many opposition and human rights activists and recently acted for the defence of Hassan Mouchaïmaa, leader of the opposition Haq group, arrested in March 2011 when he returned from an exile in London.
It has been reported that Mohammed Al-Tajer was arrested at his house, on the night of April 15, by more than 20 security officers, some wearing uniforms, the other in plain clothes. They thoroughly searched his home and confiscated personal items such as laptops, mobile phones and documents.
Mohammed al-Tajer phoned his family on April 17, to let them know he was in the Criminal Investigations Department (CID) in Manama’s Al Adliya district. Neither Al-Tajer nor his family knew the charges raised against him.
Mohammed al-Tajer’s arrest is one of the numerous actions taken against human rights and opposition activists, which have been intensified since February 2011. According to local Islamic Group Al-Wefaq, Al-Tajer is one of the 499 activists who have been imprisoned. in Bahrain. Furthermore, state of emergency was declared on 15 March 2011 for security reasons: it imposes restricted freedom of movements and association and allows greater authority to local governments.
Appeal of the International Observatory for Lawyers:
The Observatory remembers that the independence of lawyers is one of the main principles of democracy and of the effectiveness of the rule of law. It draws the attention of Bahraini authorities to the Basic Principles on the Role of Lawyers which were adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held in Havana (Cuba) from 27 August to 27 September 1990.
Principe n°16 requests that:
“Governments shall ensure that lawyers ( a ) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; ( b ) are able to travel and to consult with their clients freely both within their own country and abroad; and ( c ) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics”.
Principe n°18 requests that:
“Lawyers shall not be identified with their clients or their clients’ causes as a result of discharging their functions”.
Principe n°23 requests that:
“Lawyers like other citizens are entitled to freedom of expression, belief, association and assembly. In particular, they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights and to join or form local, national or international organizations and attend their meetings, without suffering professional restrictions by reason of their lawful action or their membership in a lawful organization. In exercising these rights, lawyers shall always conduct themselves in accordance with the law and the recognized standards and ethics of the legal profession”.
The Observatory reminds that article 9 of the International Covenant on Civil and Political Rights, as approved by Bahraini government in 2006, provides that ” No one shall be subjected to arbitrary arrest or detention (…) Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him”.
The International Observatory for Lawyers asks:
-From the Bahraini government to immediately and unconditionally release Mohammed al-Tajer. The Bahraini authorities also have to secure physical and moral integrity of this individual and, more generally, enable any lawyer to recover full exercise of their functions in Bahrain.
.-From the United Nations, the European Commission and other international organizations to urgently require from the Bahraini government unconditional release of Mohammed Al-Tajer and provide assistance and support towards free exercise of the profession of all the lawyers in Bahrain.
-From bar associations and legal organizations to assist and support Mohammed Al-Tajer as well as all the threatened lawyers in Bahrain and take any appropriate action to report any case to the local authorities.
Contacts:
1/ Minister of Justice and Islamic affairs of the Kingdom of Bahrain
Cheikh Khaled ben Ali AL KHALIFA
Kingdom of Bahrain
Diplomatic Area,
Manama P.O.Box 450
Fax: 00973 17 53 63 43
2/ Permanent Mission of the Kingdom of Bahrain to the United Nations Organization
866 Second Ave. 14th & 15th Floors New York, NY 10017
Telephone: (212) 223-6200
Fax: (212) 319-0687; (212) 223-6206
Email: newyork@bahrainmission.org