Bahrain Center for Human Rights
December 6, 2006
Ref: 06120601
Bahrain Center for Human Rights
December 6, 2006
Ref: 06120601
The BCHR has learnt that on December 3, 2006 the Bahraini prosecution office renewed the detention of the two activists for extra 15 days. The lawyers were not informed to attend the hearing; neither were they allowed to visit their client in jail. Relatives of the two detainees complained to BCHR that they were allowed only one visit on 23 November, were they were allowed to speak briefly to the detainees behind iron bars. The two were kept in isolated cells since there arrest on November 16, 2006 (See also BCHR Ref: 06111900).
The Ministry of Interior spokesman stated that two men were taken in custody for committing the crime of “circulating, without official permission, publications containing inciting calls, false news that would cause confusion in the security and public order as well as harm national interest, thereby violating Article (22) of Press and Publishing Code and Article (168) of the Penal Code”. (See Appendix for the text of the Code).
Late Sunday, the Bahraini Public Prosecution ordered both Activists- Dr. Mohamed Saeed and Hussein Abdul-Aziz- to remain in custody pending investigations for a period of 15 days, on two charges. The first is “possession and acquisition of publications without legitimate cause, including favouritism and promotion of the changing systems of the State through illegal means and without a legitimate reason”. The second charge is “possession and acquisition of publications, without legitimate reason, containing false news and exciting rumors, and would cause disruption of public security, and damage public interest”.
According to the Chief Prosecutor “these publications, downloaded from the Internet by one defendant, call for the boycott of the elections and “civil disobedience” through a series of demonstrations and sit-ins”. The second, responsible for the printing, and the first defendants were intending to distribute the publications in a number of mosques in Bahrain. The Public Prosecutor refused to release them on the ground that the charges are State security nature.
Your urgent intervention is needed to urge the authorities to release the two detainees before there case is transferred to court were they could face unfair trial and harsh punishment for an act that considered internationally as practicing of the right to freedom of openion, while is considered as a crime in the Bahrain restricted laws.
Appendix: Articles of Incriminating Codes
Press and Publications Decree Code no. 47 of 2002:
- Article (22):“ Shall be liable with penalty of not more than one year or a fine not exceeding one thousand Bahraini Dinars, or both, anyone opens or manages a bookshop, without a license, or circulates unauthorised publications which have been banned or disallowed entry to the country or confiscated in accordance with the provisions of the previous articles”.
Penalties Decree Code no 15 of 1976
- Article (160): Shall be punishable by imprisonment for a term not exceeding five years who promotes, in any way, or favored the overthrow or change the political system or social or economic status of the State, by force, threat of force or any other illegal means.
- Article (161): Shall be punishable with imprisonment or fine whoever acquires, by self or proxy, acquired publications containing favoring or promoting something than stipulated in the previous article, if they are intended for distribution to or exposing others. Also, possessing any means of copying, recording or publicity, temporarily, for printing or recording or broadcasting appeals or songs or propaganda, particular to a doctrine, association, a body, or organization aiming at one of the purposes set forth in the preceding article.
- Article (168): Shall be punished by a term of up to two years and a fine that could include a fine of two hundred Bahraini Dinars, whoever deliberately broadcasts news or statements or false or tendentious rumors, or broadcast instigating announcements, if it will disturb public security or sow terror among people or damage to the public interest.
This penalty is punishable to everyone who possesses, self or by proxy, or made fake publications containing those mentioned or provided in the preceding paragraph, if intended for distribution or exposure to others. Also, whoever possesses any means of printing, registration, or publicity, even temporarily, for printing, recording or broadcast anything which stated.