Bahrain: Court confiscates right of accused in presenting defense, for
 

04-03-12 08:57 PM

The court has sentenced Siddiqa Al-Basri for imprisonment for a period of six months at a court that lacks the most basic fair trial standards and she’s now subject to arrest at any time.
Bahrain Center: The unfair and politically motivated trials are still continuing at the civil courts as it was at the military court.
4 March 2012
Bahrain Center is seriously concerned that authorities in Bahrain continues to approach trials of political revenge against the sympathizers or supporters of the uprising of February 14 2011 and the subsequent events and demonstrations calling for freedom and democracy, at mock courts that lack the most basic standards of litigation and fair trial and that violated both the international and Bahraini law by breaching the most basic fundamental guarantees of the accused.
On March 1st 2012, the Second Criminal Court issued its ruling on Mrs Siddiqa AL-Basri to be prisoned for six months without giving her lawyer the opportunity to present a defense and therefore violating the most basic conditions of fair trials.
Siddiqa AL-Basri was detained in April 2011 during the period of National Safety that extended between March and June 2011, when she passed through a checkpoint where the police men inspected her and her car without justification, and she was insulted, humiliated and maltreated. This has prompted her to come down from the car and walk away, thereafter, the police men tracked her and then she was assaulted and arrested with the accusation of insulting the security forces and disobeying their orders; incitement to hatred of the regime; demonstrating and causing riot. Thus, she was detained for 10 days and released and then referred to the military court (National Safety Court) in June 2011.
On 21 June 2011, in the absence of a lawyer, the military court and in urgency sentenced AL-Basri to prison for 2 years, and determined an amount of 200 dinars for her release, with the continuation of the appeal. This happened without allowing her to appoint a lawyer or even to defending herself.
The appeal of Siddiqa was resumed at the military court (Appellate Court of the National Safety ) with the presence of the lawyer (Mohsin AL-Alawi), and before the first session, all the unresolved cases in the court of the National Safety on 29 June 2011 have been referred to the normal courts where a hearing was determined for Siddiqa in the second higher Court of Appeal presided by Judge Ali Khalifa AL-Dhahrani. Because Siddiqa wasn’t notified about it, her lawyer attended and asked for time for her attendance, he also brought them an authorizing power of attorney with a copy of the case file for review and submission of applications.
A hearing was specified for Siddiqa on February 6, 2012 for attendance and provision of the power of attorney and requests from the defense. The defense received the case papers and asked the court to call the prosecution witnesses; who are the police who assaulted Siddiqa at the checkpoint; and asked to call the Ministry of Interior to bring the imaging of the security camera that is at the checkpoint.
The judge determined 1st March as a day to issue ruling, ignoring all the requests of the defense. Thus, the defense objected it emphasizing that it was the first session after receiving the case file and attending with AL-Basri. Accordingly, the judge asked the defense to write a letter describing the reasons of the request, however, the court rejected the request and issued a judgment to imprison AL-Basri for 6 months Thursday, March 1, 2012, without giving any opportunity to present the defense case.
What was done by the judges of the court of appeal is considered a blatant confiscation of the accused right to receive fair trial and defense that respects the constitution which provides for the right of the accused to have a lawyer for their defense. The price of the judges’ arbitrariness maybe paid by AL-Basri, who’s a mother of two children, is she’s expected to be arrested at any time to enforce the 6 months imprisonment.
Accordingly, Bahrain center calls for the following:
- The immediate abolition of the unjust sentence against Siddiqa AL-Basri and dropping the malicious and politically motivated charges against her.
- The immediate suspension of the political trials that are still ongoing for hundreds of the Bahraini people who are suspected of supporting or sympathizing with the uprising of February 14.
- Establishing an independent judicial system, that is neutral and transparent and that ensure the conditions of fair trial for all defendants.
- The immediate accounting of those held responsible of the corruption in the judiciary and in the provisions of unfair and unjust courts.
- Adherence to the international and Bahraini law, which provides for the right of the accused to have fair litigation and an adequate defense.
- Enabling the lawyers to practice their work in defending the accused in the courts and stopping the abuse by judges.
- Accounting Judge Khalifa AL-Dhahrani and removing him from his position after knowing about his involvement in unfair trials


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