Custody Extended for “Dana Mall” Detainees

D.A. Reclassifies Cases from Minor Offenses to Criminal Felonies

Bahrain Centre for Human Rights
Ref: 08040606

D.A. Reclassifies Cases from Minor Offenses to Criminal Felonies

Bahrain Centre for Human Rights
Ref: 08040606

The Bahrain Centre for Human Rights has learned that the District Attorneys Office has recently chosen to re-classify the cases of 19 people who reportedly were beaten by security forces and arrested following a peaceful demonstration (BCHR ,Ref: 00040600) calling for the release of the “Airport Detainees” (BCHR Ref: 16010605). Those arrested were formerly classified as Minor Offenders, and therefore referred to the Lower Penal Court which had the jurisdiction of fining defendants, and/or sentencing those referred to it from 10 days up to 3 years. The lower Penal Court, which is headed by a single judge, may, according to the Bahraini Criminal Law, keep the defendant in custody during the trial proceedings, or release him, depending on the Judges evaluation.

The Higher Penal Court however, which is headed by three Judges, only deals with sentences of 3 years and above, it is also authorized to sentence defendants to life in jail, or the highest possible criminal penalty, death. The Higher Penal Court sessions are characterized by their lengthy durations and the fact that defendants are forced to remain in custody for the entire period of the trial.

The Bahrain Centre for Human Rights calls for an immediate intervention in order to pressure the Bahraini authorities into reassessing this questionable decision which only serves to add to the current tension in the country. The law by which the defendants are to be tried and sentenced, have been condemned and questioned in more than one occasion by International Organizations and criticized as being inflexible and harsh. We therefore hope that you do all that is in your power to prevent an escalation of freedom violations in Bahrain.

Thanking you kindly, and hoping for continued cooperation in the future.

Nabeel Rajab
Vice-President
Bahrain Centre for Human Rights
08/04/06