23 November 2010
Bahrain – Third session in the trial of eleven human rights defenders, including blogger Mr Ali Abdulemam, on 25 November 2010
On 25 November 2010, the trial of human rights defender and blogger Mr Ali Abdulemam, and ten other human rights defenders, will resume in Manama. They have been charged with being part of an alleged “terrorist network”. All of the defendants deny the charges, and most claim that they have been subjected to torture during their detention. The second session of this trial was held on 11 November 2010, and was attended by a British barrister, on behalf of Front Line. The observer concluded that a number of extremely serious allegations of mistreatment and torture have been made against the Bahraini authorities, and that coerced confessions would represent a fundamental breach of Bahraini criminal and civil law, procedural law and constitutional rights. The eleven human rights defenders are:- Mr Ali Abdulemam, arrested on 4 September 2010, owner of bahrainonline.org;
- Dr Abduljalil Al-Sengais, arrested on 13 August 2010, spokesman and Director of the Human Rights Bureau of the Haq Movement for Civil Liberties and Democracy;
- Mr Abdul-Ghani Khanjar, arrested on 15 August 2010, spokesperson for the Bahraini National Committee for Martyrs and Victims of Torture;
- Mr Suhail Al-Shehabi, arrested on 19 August 2010. He is active in a number of associations including the Committee of the Relatives of Detainees and the Committee of the Unemployed;
- Mr Ahmed Jawad Al-Fardan, arrested on 19 August 2010, member of the Committee of the Relatives of Detainees in Karzakan;
- Mr Ali Jawad Al-Fardan, arrested on 20 August 2010, member of the Committee of the relatives of Detainees in Karzakan;
- Mr Salman Naji, arrested on 21 August 2010, a member of the Committee of the Unemployed;
- Mr AbdulHadi Al-Saffar, arrested on 22 August 2010, chairman of the Committee Against High Prices, actively involved in other associations including the Committee of the Relatives of Detainees;
- Mr Hassan Al-Haddad, arrested on 23 August 2010, member of the Committee of the Unemployed;
- Mr Jaffar Al-Hessabi, arrested on 16 August 2010, independent human rights defender supporting the rights of detainees in Bahrain;
- Dr Mohammed Saeed, arrested on 17 August, board member of the Bahrain Centre for Human Rights.
The Front Line observer attended the second trial session on 11 November 2010. She concludes in her report that a number of extremely serious allegations of mistreatment and torture during the course of interrogations have been made against the Bahraini authorities, in particular the National Security Apparatus. The detainees further allege that this torture led to the signing of confessions. If true, such coerced confessions represent not only a fundamental breach of Bahraini criminal and civil law, procedural law and constitutional rights, but also breach of Bahrain’s obligations under the International Covenant on Civil and Political Rights (ICCPR) and the Convention against Tortture (CAT). Under Article 15 of the CAT, the Kingdom of Bahrain is prohibited from admitting in proceedings any evidence or statements extracted through torture. A similar obligation exists in Article 13 of the Arab Charter on Human Rights, and Article 19 of the Bahrain Constitution. The alleged mistreatment clearly reaches the threshold required for torture as it includes allegations of hanging (falaka), beating of the soles of feet, sleep deprivation, and threats of sexual assault.
Front Line trial observer finds it extremely disturbing that these confessions constitute the main direct evidence against the defendants while the allegations of torture are consistent and unwavering.
Also, she points out that media reporting of the proceedings has gone unpunished by the court. Given the judge’s ruling, the publication of “terrorist” identities and defamatory claims against defence lawyers amount not only to defamation but more importantly to a contempt of court. It is not clear whether such media reporting is connected to the authorities in any way, but it has created the appearance of bias in the media. Front Line observer underlines that suggestions made by such elements of the press about “terrorist” links of defence lawyers presents a very dangerous situation to lawyers acting pro bono in the defence of human rights defenders, and that such media actions ought to be condemned and punished appropriately.
Front Line is deeply concerned for the physical and psychological integrity of Ali Abdulemam and the other ten human rights defenders, considering the serious allegations of torture and ill-treatment during detention. Front Line also fears that the aforementioned human rights defenders may not be allowed access to a fair trial.
Front Line urges the authorities in Bahrain to:- Guarantee the aforementioned human rights defenders a fair trial as stipulated under international law;
- Carry out a thorough, impartial investigation into allegations of ill-treatment and torture against the human rights defenders in question during their detention, with a view to publishing the findings and bringing those responsible to justice in accordance with international standards;
- Guarantee the physical and psychological integrity of human rights defenders in Bahrain, particularly by ensuring that adequate and effective security measures are provided to protect those at risk;
- Ensure that all human rights defenders in Bahrain, carrying out their legitimate work in
- the defence of human rights, are able to operate free of restrictions and reprisals, including judicial harassment.
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11-24-2010, 11:30 AM
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