Bahrain Center for Human Rights
7 January 2007
Ref: 07010801
[acidfree:815 align=right][acidfree:719 align=right] Yesterday was the first court session of what has been locally dubbed as the “Publication Detainees” case. The prisoners of conscience, Dr. Mohammed Saeed Al-Sahlawi (dentist, age 35) and Hussain AbdulAziz Al Hebshi (insurance sales executive, age 32) attended Lower Court at the Ministry of Justice this morning, along with their lawyer Mr Mohamed Ahmed.
Bahrain Center for Human Rights
7 January 2007
Ref: 07010801
[acidfree:815 align=right][acidfree:719 align=right] Yesterday was the first court session of what has been locally dubbed as the “Publication Detainees” case. The prisoners of conscience, Dr. Mohammed Saeed Al-Sahlawi (dentist, age 35) and Hussain AbdulAziz Al Hebshi (insurance sales executive, age 32) attended Lower Court at the Ministry of Justice this morning, along with their lawyer Mr Mohamed Ahmed.
The two detainees of conscience have been detained since 16 November 2006, on charges of possessing internet-downloaded publications calling for the boycott of the last election, deemed by the government as “subversive literature”. (For background, see BCHR Ref: 06120601 and Ref: 06111900). The Public Prosecution (PP) set forth the charges on the basis of Articles 160, 161 and 168 (See Appendix below) of the denounced Bahraini Penal Code of 1976.
These charges are classified as State Security measures and would subsequently result in harsh penalties including imprisonment for up to seven years in total.
The judge presented the charges to the two detainees, as per the PP, who denied them, and refused their lawyer’s request to have them release the fact that there is new evidence and interrogations. The session was rescheduled to January 14th, 2007, amounting to almost two months continuous incarceration for the pair.
The BCHR reminds the Bahraini Authorities of its obligations to the International Covenant of Civil and Political Rights (ICCPR) and to the UN Human Rights Council, to which Bahrain has been enjoying membership since last May. These obligations include respect of freedom of expression and ensure the compliance of the Bahraini legislations and practice with the international charters and covenants.
The BCHR cherishes Articles 19 of both the Universal Declaration of Human Rights and ICCPR which considers freedom of expression and transfer of information and knowledge as basic human rights to be protected and promoted.
The BCHR considers the two activists, Mohammed and Husain, as detainees of conscience and demands their immediate and unconditional release, thereby helping Bahraini prisons to be cleansed of any political and detainees of conscience.
Appendix: Some of State Security Stipulations of Bahraini Penal Code of 1976
- Article 160: Punishable by imprisonment for a term not more than five years, for whoever promotes or favours, in any way, the overthrow or change of the political, social or economic of the State by force or threat, or any other illegal means.
- Article 161: Punishable imprisonment or a fine for whoever possesses, directly or by mediation, or acquires publications containing favourism or promotion of the foremost provided for in the preceding Article, if it were about to be distributed or exposed to others, as well as who possesses any means of copying, recording or broadcasting, dedicated even temporarily, for the printing or recording or broadcasting of appeals, songs or propaganda, for a particular sect, association, commission, organization designed to the purposes set forth in the preceding Article.
- Article 168: Punishable with imprisonment of upto two years and a fine not exceeding two hundred Dinars, or either, for whoever deliberately broadcasts news, statements or false or tendentious rumors, or spreads provocative announcements if it would disturb public security or sow terror among people or damage public interest. This penalty is punishable for whoever possesses, directly or by proxy, or acquires leaflets or publications containing some of what is provided in the preceding paragraph, if intended for distribution or exposition to others, and also who possesses any means of copying, recording, or publication, even for short term, for printing, recording or broadcasting anything said.