Bahrain Centre for Human Rights
Report Prepared: 09/02/06
Ref: 09020601
The Bahrain Center for Human Rights (BCHR) is greatly concerned upon hearing of the Lower Criminal Court verdict of two years imprisonment for 12 activist accused of exercising unauthorised gathering at the Bahrain International Airport.
Bahrain Centre for Human Rights
Report Prepared: 09/02/06
Ref: 09020601
The Bahrain Center for Human Rights (BCHR) is greatly concerned upon hearing of the Lower Criminal Court verdict of two years imprisonment for 12 activist accused of exercising unauthorised gathering at the Bahrain International Airport.
The Public Prosecutor failed in providing any evidence of sabotage, one of the crimes the 12 were charged with, but convicted them of participation in an illegal gathering. This sentence is a clear violation of International Human Rights norms and freedom of assembly on grounds that the freedom of gathering cannot be restricted nor punished by law.
The case relates to a demonstration that took place on the 25th of December 2005 [1], when hundreds of people demonstrated peacefully at the Bahrain National Airport, demanding the release of Sheikh Mohammad Sanad, who had been detained upon his arrival from abroad. The arrest of the senior cleric came two months after he had called upon the United Nations to intervene and initiate a referendum on the legality of the current Regime in Bahrain.
Those sentenced are: Nader Ibrahim Abdul Imam, 32 from Jidhafs (member of the Committee of Activists and Prisoners of Conscience), Hassan Abdul Nabi, 25 from Sitra (Coordinator of the Unemployment Committee), who had been kidnapped in the past by the police and tortured), Ahmad Al Jaziri, 40 from Daih, Yasser Khalifa, 31 from Jidhafs, Jawad Abdulla Al Salman, 24 from Jidhafs, Qassem Mohammad Khalil, 19 years from Karzakkan, Muhsin Abdulla Al Salman, 23 from Jidhafs (a leading member of the Unemployment Committee), Hassan Al Haddad, 25 from Al Muharraq and Mohammad Hassan Ashoor, 21 from Karzakkan. Three others were sentenced in absentia: Abdulla Zain (a member of the Unemployment Committee), Ali Qambar and Sayyed Ali Sayyed Majeed.
Where as Hassan Majeed Al Jishi, aged 20, was cleared of all charges and released
Another group of activist related to the same case are to appear for their sentence trial on February the 15th, 2006 and the sentence is expected to be similar to first group. They are: Atif Mahdi Ahmad, 24 from Juffair, Yousif Ahmad Hussain, 27 from Al Ma’amir (a member of the Unemployment Committee), Fakhri Abdullah, 40 from Sanabis, Nasser Ali Nasser, 33 from Ras Rumman, Mohammad Majeed Al Jishi, 24 from Manama, Ismail Hassan Makki from Jidhafs and Abdul Amir Madan, 25 from Al Ma’amir.
Lawyers have raised their concerns on the authorities choice of the arrest and trial of these 20 individuals from the hundreds who participated at the gathering at the Bahrain International Airport, some of whom were clearly seen in video cassette brought by defendants and public prosecutor, and served as witnesses on behalf of the defendants.
Most of those victims who have been sentenced in this trail were subjected to assaults and arrests by the security police in the past six months, due to their participation in activities of public committees related to Human Rights.
Four such victims are namely: Hasan Abdullnabi, Hasan Al-Hadad, Nader Abdulemam and Mohsin Al-Salman who were also amongst a group of ten activists who staged a hunger strike in December at the UNDP building in Bahrain, in order to draw the attention of the United Nation to their being continuously subjected to security police intimidation and assault.
The BCHR has released a detailed report on the 16th of Jan 2006, which evidently supports the concern of many that the government has dealt with the Airport Case politically and not according to the law. The BCHR is highly concerned that this case contains various violations related to the rights to freedom of expression, freedom of assembly, the right to defend human rights, arbitrary detention and the right to a fair trial.
According to above mentioned situation, the BCHR demands the immediate release of the prisoners, in addition to the dropping of all charges, especially since the authorities were unable to prove that the detainees were involved in acts of sabotage. The BCHR urges the formation of a neutral investigations committee to look into accusations that the security forces used excessive force in dealing with the demonstrators on the night of the Airport Incident. The BCHR recommends using this case as a means to reveal the impartiality of the public prosecutor office and the judiciary which has proven repetitively that is far from being independent. The BCHR ask for the withdrawal and alteration of all laws that restrict freedom of expression and freedom of assembly. In addition, all the victims who experienced damages due to these laws that violate international standard should be compensated accordingly.
Kindly refer to a background report on the incident prepared by the Bahrain Centre for Human Rights: Reference No: 16010600
Details of the hearings According to the Gulf Daily News [2]
DEFENCE lawyers were stunned yesterday as 12 protesters were each sentenced to two years for an illegal demonstration at Bahrain International Airport.Lawyers shook their heads in disbelief after Lower Criminal Court judge Ibrahim Al Zayed delivered the verdict and handed out the sentences.
Nine of the men were already in custody and were in court for the verdict and sentencing.
But three were sentenced in their absence, after failing to respond to summons by police following the demonstration, on December 25.
Warrants had earlier been issued for their arrest.
All 12 were cleared of assaulting police and damaging public property, but were each convicted of taking part in an illegal gathering.“I can’t believe it,” said lawyer Mohammed Al Mutawa.
“I expected the judge to either release them today, saying that the time they have spent in jail was enough, or give them a maximum sentence of six months, not two years,” he said.
Those jailed after appearing in court are Nader Ebrahim Andulemam, 32, Hassan Abdulnabi, 25, Bader Ahmed Al Jazeri, 40, Yasser Khalifa, 31, Jawad Al Salman, 24, Qassim Mohammed Khaleel, 19, Mohsin Abdulla Al Salman, 23, Hassan Al Haddad, 25 and Mohammed Hassab Ashor, 21.
The three sentenced in absentia are Abdula Zain, Ali Qamber and Sayed Ali Al Sanadi.
Hassan Majeed Al Jishi, aged 20, was cleared of all charges and released.
The airport demonstration, which ended in violent clashes with police, was sparked by the arrest of cleric Shaikh Mohammed Sanad on his return from Iran.
He was later released.
Around 70 people gathered in front of the Justice Ministry complex before the verdict, demanding the men’s release.
Al Wefaq secretary-general Shaikh Ali Salman urged demonstrators to be calm and resort to peaceful means, saying that it was not the end and that justice was still open.
Ali Al Jazeri, brother of Bader, said the arrests and the court verdict and sentence were all unfair.
He said his brother was targeted because of his involvement in the Unemployed Committee.
Police arrested only a few of the 200 or so who were at the demonstration, said Mr Al Jazeri.
“The people were selected randomly and I don’t know why the clergymen who were present there weren’t caught, although they were leading the pack,” said Mr Al Jazeri.
“Some of the clergymen went to the Public Prosecutor saying that they should be taken into custody like the rest, but their request was refused.”
He insisted that Unemp-loyed Committee members were targeted in the arrests which followed the demonstration.
“The ones arrested were the best in the committee, the most active ones,” claimed Mr Al Jazeri.
Mohammed Khalil, father of Qassim, said his son told him before entering the court that the only charge against him was illegal gathering and that he would be released in a few minutes.
“Everyone was optimistic, but people left there in tears, because the verdict was unfair,” he said.
“I have nothing to say, other than that my son was selected because of his involvement with the Unemployed Committee.”
Members of the Detainees Committee, set up after the arrests, are expected to meet after Ashoora to decided what to do following the verdicts.
Seven other men are due to appear in court next Wednesday, on similar charges.
They are Atif Mahdi Ahmed, 24, Yousef Ahmed Hussain, 27, Fakhri Abdulla, 40, Nasser Ali Nasser, 33, Mohammed Majeed Al Jishi, 24, Ismail Hassan Maki and Abdulameer Madan, 23.
Meanwhile, the now-dissolved Bahrain Human Rights Centre condemned the court’s ruling, describing it as a violation of international human rights conventions.
In a statement issued last night, it said the ruling violated international laws protecting people’s right to take part in public gatherings.