Arbitrary Detention, Malicious Sentencing and Jail Time

17 malicious cases and jail terms for 96-years for prisoner of conscience, Sheikh Mohammed Habib Almiqdad

27 Oct 2011 – BCHR

Increasing issues and evidence are brought to the Bahrain Center for Human Rights, which indicates that the Bahraini authorities have exploited the events of February 14, 2011 and its repercussions for revenge against its opponents of political and human rights activists . The case of Sheikh Mohammed Habib Almiqdad is an outstanding example of this.

The cleric and independent opposition activist Sheikh Mohammed Habib al-Miqdad, 48 years, has been in arbitrary detention since April 1, 2011. There were detailed reports that he has been exposed to psychological and physical torture for few months while being isolated in incommunicado detention before being brought to the military prosecutor and the courts of the National Safety (military). He was tortured on the hands of the king’s son Nasser ben Hamad. He was charged in 17 cases ranging between the charges of “inciting and seeking to overthrow the regime” and “incitement to the formation of gangs to attack foreigners or to kidnap security officers.” According to defense lawyers, the prosecution had failed to provide real evidence on those charges. The national security men said they have their “confidential sources”, and some of the detainees accused in the same cases confessed under torture as torture marks are still visible on their bodies. Reports by Medical examiner of the military justice proved that Sheikh Mohammed Habib Al-Miqdad was himself exposed to physical torture . This is also expected to be in the reports of foreign doctors who are assigned by “Independent Commission of Inquiry ” and who had examined the health of Sheikh Al-Miqdad.

The military prosecutor has failed to provide any evidence that Sheikh Miqdad was inciting violence, nevertheless all the speeches that were presented in the papers include explicitly his call to work peacefully and avoid violence. Sheikh Miqdad so far has been brought to the military court “national safety” that lacks in international standards for fair trial and legitimacy. This court conflict with international standards laws such as the Terrorism Act and the articles on the security of the state of the Penal Code of 1976, which criminalizes the exercise of basic rights such as freedom of expression, assembly and association.

The total breach of fair trial standards to the extent that Sheikh Mikdad, as defendant did not have in most cases, an adequate opportunity to consult legal, but has not been brought to some of the sessions of the trials and was aware of them through press papers which were brought to him in prison. As he had not given, in any of the hearings, the opportunity to speak before the court as well as they didn’t allow any of the other defendants. The lawyers were not given enough room both in the preparation or provision of oral arguments or to provide defense witnesses. …more