BAHRAIN: Expressing themselves, Activists Face State Security Charges
Mr. Ambeyi LIGABO
The Special Rapporteur on the Promotion and the Protection of
the Right to Freedom of Opinion and Expression
Office of the UN High Commissioner for Human Rights
United Nations Office at Geneva
CH-1211, Geneva 10 – Switzerland
Dear Mr. Ligabo
We would like to express our deep concerns of detention and crimination of two Bahraini activists, Dr Mohamed Saeed Alsahlawi and Mr Husain Abdulaziz Alhebshi, who have been detained by the local Authorities because they have possesses leaflets and publication calling for the boycott of next election – See their case in the Appendix 1. The charges set forth by the Public Prosecution neglect their right for freedom of expression and could end up facing State security charges, leading to harsh penalties including prolonged imprisonment- See Appendix 2, below.
BAHRAIN: Expressing themselves, Activists Face State Security Charges
Mr. Ambeyi LIGABO
The Special Rapporteur on the Promotion and the Protection of
the Right to Freedom of Opinion and Expression
Office of the UN High Commissioner for Human Rights
United Nations Office at Geneva
CH-1211, Geneva 10 – Switzerland
Dear Mr. Ligabo
We would like to express our deep concerns of detention and crimination of two Bahraini activists, Dr Mohamed Saeed Alsahlawi and Mr Husain Abdulaziz Alhebshi, who have been detained by the local Authorities because they have possesses leaflets and publication calling for the boycott of next election – See their case in the Appendix 1. The charges set forth by the Public Prosecution neglect their right for freedom of expression and could end up facing State security charges, leading to harsh penalties including prolonged imprisonment- See Appendix 2, below.
Concerns are also expressed at the arbitrary detention ordered following their exercise of rights protected by Article 19 of the International Covenant on Civil and Political Rights, which was acceded by the Bahrain Government on September 20th, 2006, concerning the right to freedom of opinion and expression.
We appreciate the comments on July 25th, 2006, about Counter-Terrorism Legislation in Bahrain made by the UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Mr Martin Scheinin. His comments include ”the excessive limitations put on freedom of speech due to the use of broad and vague terms regarding the offence of incitement to terrorism since there is not a clear threshold for criminalization established; the denial of due process rights due to the excessive powers of the Public Prosecutor regarding detention without judicial review .
We commend your efforts which include the appeal to “all States to ensure respect and support for the rights of all persons who exercise the right to freedom of opinion and expression, the rights to freedom of thought, conscience and religion, peaceful assembly and association, and the right to take part in the conduct of public affairs, or who seek to promote and defend these rights and freedoms and, where any persons have been detained, subjected to violence or threats of violence and to harassment, including persecution and intimidation, solely for exercising these rights as laid down in the Universal Declaration of Human Rights and, where applicable, the International Covenant on Civil and Political Rights, to take the appropriate steps to ensure the immediate cessation of these acts and to create conditions under which these acts may be less liable to occur”.
We have deep suspicions that the Bahraini Authorities are staging a campaign against activists, in the light of their vigorous performance and the repercussion of their involvement in “Bandergate” as well as other State-sensitive issues like the call for new constitution .
In the new era of political openness, it is anticipated that the two activists, Mohamed and Husain, will be the first victims of the internationally denounced Bahraini Penal and Terrorism Codes, and could face harsh penalties. This will also serve to deter and undermine the activists’ eagerness to react to human rights education and protection, an issue proved to have annoyed the local Authorities.
We therefore plea that you take the necessary and swift measures to have the detained activists, Mohamed and Husain, unconditionally released, secure exercising their rights and freedoms, and encourage further State of Bahrain progress in this regard.
We also request that you consider including Bahrain on your list of countries to be visited due to the gross violations in terms of curtailing freedom of expression and targeting activists using legislations like Gatherings and Terrorism codes.
Thank you and look forward to your positive response to preserve and protect the human rights of Bahrainis.
Sincerely yours
Mr Hasan Mushaima
Secretary General
PS.
For further details, donot hesitate to approach Dr Abduljalil Alsingace at +973-3966-8179 or at the above email.
Cc For the attention of:
• Ms. Leila ZERROUGUI – Special Rapporteur Working Group on Arbitrary Detention
• Ms. Hina JILANI -Special Representative of the Secretary-General on the situation of human rights defenders
• Mr. Martin SCHEININ -Special Rapporteur on the promotion and protection of human rights while countering terrorism
Appendix 1:
Case: Activists Detained for possession leaflets calling for boycott of election
Between three and four o’clock on last Thursday afternoon (November 16th)- local time, two Bahraini activists, namely Dr Mohamed Saeed Al-Sahlawi (Dentist-35yrs) and Mr Husain Abdulziz Al-Hebshi (Insurance Executive-32 yrs), were taken in custody from a public place and held incommunicado until Saturday afternoon (November 18th) when they were able to be seen and speak to their lawyers and family members at the Public Prosecution .
On next day to their detention, a Ministry of Interior spokesman stated that two men were taken in custody for committing a crime »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 2 for Articles of the Codes)
Late Saturday, 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.
Appendix 2: 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.
http://www.haaq.org/en-US/42/ViewNews/37/159/Default.aspx