Bahrain Human Rigths Defenders Suffer Injustuce they Labor Against

Bahrain: No Justice for Human Rights Defenders
28 July, 2013 – Bahrain Center for Human Rights

The Gulf Center for Human Rights (GCHR) and Bahrain Center for Human Rights (BCHR) express their grave concern over the lack of justice in Bahrain. Bahraini citizens, including human rights defenders and journalist, have been victims of the judicial system where trials do not meet the international standards and follow the due process. Human rights defenders, Naji Fateel, and Nazeeha Saeed, are just two examples of the unfair judicial system, which is used to create false charges against human rights defenders and activists.

Naji Fateel, a board member of the Bahrain Youth Human Rights Society (BYHRS), was arrested on 2 May 2013 from his home in Bani Jamra and held incommunicado for 3 days before being transferred to the Dry Dock prison. The Public Prosecution Office ordered his detention for 45 days. On 23 May 2013, Naji was sentenced to 6 months’ imprisonment for “illegal assembly”. On 12 June 2013, Bahrain national television aired names and photos of Bahraini citizens it claimed that they are behind the set up of the so-called “Coalition of 14 February”, Naji was one them.

Naji Fateel faces the alleged charged of “establishing a terrorist group for the purpose of disturbing public security, disabling constitution and law, preventing public institution and authorities from performing their duties, attacking public and personal rights, and harming national unity”, under the internationally condemned ‘Terrorism Law’. In his first court hearing, which was held on 11 July 2013, Naji talked publicly about the torture he was subjected to and took his shirt off to show the torture marks on his back. However, instead of taking immediate action and carry out an immediate, impartial and thorough investigation into the allegations of torture, the judge did not allow the defendants to complete their testimonies and refused to take note of their allegations.

On 26 July 2013, the second hearing of the trial was held, and yet in another violation to his legal rights, Naji Fteel was not brought to court, which is believed to be due to his public allegations that he had been tortured during his interrogation and detention. BCHR’s head of documentation, Sayed Yousif Al-Muhafadha, has attended the trial on behalf of BCHR and GCHR. He stated that “the investigation with Naji Fateel and others involved in the case was not about the “Coalition of 14 February”, rather about their participation in protests, the Pearl roundabout, and other activities.” He added that “the court took an illegal decision when postponed the hearing to 5 September 2013 in order to call the witnesses, although the lawyers did not request that.” He concluded by saying “it is clear that this court is violating the international standards for fair trials as they want to continue this ‘mockery of justice’ without the lawyers and defendants.”

The lawyers in the “Coalition of 14 February” of which Naji is one of the defendants, have submitted a letter to the court explaining the reasons why the judge Ali Khalifa Al-Dhahrani should step down. The letter stated that the defendants are accused of aiming to “prevent the public institution and authorities from performing their duties” and no doubt the House of Representatives is one of these institutions which is headed by Khalifa Al-Dharani, the father of judge Ali Al-Dhahrani who is heading the court which deals with this case. This, in addition to the fact that the House of Representative and its members have publicly stated their pro-government positions in relation to the case which may influence the court, thus a conflict of interest is present here, according to article 221 of the code of criminal procedure law. The letter was submitted on 25 July 2013, however, the lawyers did not receive any response as yet.

The second case is that of human rights defender and journalist, Nazeeha Saeed, Bahrain correspondent for France 24 and Radio Monte Carlo Doualiya, who was subjected to torture in Riffa police station at the hand of security personnel in 2011. Describing her torture Nazeeha stated that “she was blindfolded, kicked, punched, and slapped. Her hair was pulled, she was whipped with plastic tubing, had a shoe forced into her mouth and her head dunked into a toilet. An unknown, caustic liquid said to be urine was poured onto her face, she was repeatedly insulted and mentally abused and asked to make a false confession.” …more