Abbas Abd Ali’s Case: Prosecution conspires to detain the victim and cover-up the offenders

A Philippine domestic worker subjected to assault, defaming, arbitrary arrest and possible deportation

Bahrain – July 21, 2006

A Philippine domestic worker subjected to assault, defaming, arbitrary arrest and possible deportation

Bahrain – July 21, 2006

Abbas Abda’ali, 28 years, was admitted to Bahrain Defense Force hospital on July 6, 2006. According to the report issued by the hospital, Abbas was admitted at 05:10 am, and was treated for head and face injuries. The report, and photos published by a local news paper, showed several stitches in three part of the head and on the nose. It also showed , black eyes, bruises and swelling in the eyes, the back of the left ear and the back. He was discharged at 6:40am. But as a result of deterioration in his health and bleeding, he was taken by ambulance to the Government Alsalmaniya Medical Complex were he had been under treatment for three days (Attached: Medical reports and photos).

While at hospital, Mr. Abda’ali told the press, the police, and BCHR representatives that a group of masked men stopped his car as he neared his home in Al-Aker village. He claimed to have been surrounded by several cars, dragged out of his vehicle and beaten severely with sticks and unidentified sharp objects (1). At the day of the incident, Abbas’s family went to the police station and filed a case. On July 8, 2006, the family protested against the incident outside the Royal Court.

The authorities admit the assault, with different details

(2)

On July 8, 2006, Farooq Al Muawda, General Director of the Criminal Interrogation Department (CID), said in a press conference that “the allegations that a gang of masked men had physically harassed him (Abbas) are baseless” “the man had been roughed up by residents of Jaw village for taking a housemaid from the area on a ride” Al Muawda told the Press as a visibly scared and shaken maid sat in front of the journalists.

Al Muawda said the ministry had investigated the matter; “Abbas Ali, a new recruit at the ministry, and a colleague who is a new military staffer, had picked up the Asian maid around 1am from her sponsor’s house and taken her to a night club. At 3am Abbas and the maid dropped the friend at his house in Sitra and the two stayed together until 5am. Then Abbas took the maid to her sponsor’s home” the general director said. He said both Abbas and the maid were surprised when they reached home and saw the sponsor and neighbors waiting for them. “A resident had seen them leaving the area together and taken the car plate numbers.” As soon they saw Abbas, they started beating him up. He however escaped. Al Muawda said the sponsor took the maid to the police station and she would be deported soon.

Al Muawda stressed that the case had no political undertones. It was just a case of seeking illegal pleasures, he said. The residents were angry because they felt that the dignity and respect of one of them (the maid) had been violated. “The military staffer would be punished for not respecting laws and regulations despite being a policeman,” Al Muawda said. “He supported Abbas by going with him to pick up the maid from her sponsor’s house without the sponsor’s knowledge which is a crime.”

Imprisonment of the Victim

On 10 July, while on sick leave and despite his health condition, Abbas was summoned to the General Prosecutor Office (GPO). Mohammed Almoutawa, a lawyer, told BCHR: “Abbas and myself waited for About 90 minutes before we decided to leave the GPO building to come back the next day. But I was surprised later in the day when I learnt that Abbas did not come back home and that his family lost contact with his mobile.

The next day, 11th of July, the local press published an official statement that the public prosecutor first listened to Abbas as a plaintiff, then interrogated him for three hours and decided finally to imprison him for seven days under interrogation accusing him of false statements. The public prosecutor claimed that during the earlier interrogation, Abda’ali had denied knowing the housemaid but the prosecutor showed him the large number of telephone calls he and the housemaid made to each other. According to Article 233 of the 1976 Penal Code, false information to the authorities could be punished for up to six months and/or BD50 Fine (3). According to the public prosecutor Abda’ali said that the reason he had denied this part of the details was that he was trying to hide his relationship with the housemaid from his family (4).

The case of Abbas Abduali was brought to court on July 16. The Lower Court, presided by Judge Manna Al Buflaseh, heard a list of five requests by the defense lawyer which included; to releas Abduali, to present the housemaid, her sponsor and Abduali’s friend, Mohammed, who was with him on the night he was attacked, as witnesses, to prevent the housemaid from leaving the country until the cross-examination was completed, to allow his client to be taken to hospital for medical examination and to receive a copy of the complete file on his client. The judge told the defence lawyer that he will consider the four requests (5). Two days later Abbas was released on bail confused about how how he become a felon instead of a victim.

Relevant Background Information

Abbas Abda’ali, is among scores of Shia citizens who were employed by the interior ministry last year after wide public criticism to the ministry for discriminatory recruitment policy. Following protests by the unemployed, Mousa Abda’ali, an active member of the unemployed committee and brother of Abbas, was allegedly abducted by security elements and subjected to physical and sexual assault. Mousa and other members of the Unemployed committee are in jail for participation in “unauthorized gathering” (Ref: BCHR 00040600) In the last few months, the BCHR received complaints from Shia employees at the Ministry of Interior complaining of disposition and harassment (BCHR Report 3 June 2006). Two days prior to the assault against Abbas Abda’ali, a newly recruit of the ministry, Ahmed Jaffer, 33 years, sent a letter to the Minister of Interior complaining from a series of harassments including a brief arrest on the 2nd of July during which he reportedly received a death threat from a high officer at the Criminal Interrogation Department.

Notes:

(1) Ref. Gulf daily News 7 July 2006
(2) Bahrain Tribune 9 July 2006
(3) Alwaqt daily, July 11, 2006
(4) Ref. Bahrain Tribune 13 July 2006
(5) Ref. Bahrain Tribune 17 July 2006