The Observatory: Ongoing judicial harassment faced by Lawyer Mr. Moham

محروم.كوم · #1 02-11-2012, 04:00 AM

10-02-12 11:36 PM

February 7, 2012
The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), has received new information and requests your urgent intervention in the following situation in Bahrain.
New Information:
The Observatory has been informed by reliable sources about the ongoing judicial harassment faced by Mr. Mohamed Issa Al Tajer, a prominent human rights lawyer.
According to the information received, while on February 7, 2012, the Third Minor Criminal Court was due to resume the trial of Mr. Mohamed Issa Al Tajer on charges of “spreading rumours and malicious news” under Article 168, “incitement of hatred towards the regime” under Articles 165 and 172 and “taking part in a demonstration” under Article 178 of the Criminal Code to hear defence witnesses, his lawyers were informed that the trial was postponed due to the absence of the judge who would be travelling outside of the country. The trial was therefore postponed to March 20, 2012.
Additionally, Mr. Al Tajer’s telephone communications and circulation allegedly remain under close monitoring by the National Security Intelligence, pressure would reportedly be put on his clients not to assign him new cases he would regularly be denigrated and accused of inciting sectarianism and treason in on-line social forums, including Facebook and Twitter.
The Observatory firmly denounces the 10-month long continued judicial harassment faced by Mr. Mohamed Issa Al Tajer, which seems to merely aim at sanctioning his peaceful and legitimate human rights activities as a defence lawyer, and moreover condemns the lack of due process in the trial held against him over the past months before the Lower National Safety Court (see background information).
The Observatory recalls the judicial proceedings launched against Mr. Al Tajer took place within the context of an intensified crackdown against activists, including human rights defenders, who have supported or are alleged to have supported the protest movement which started in Bahrain in February 2011. Hundreds of individuals are still arbitrarily detained, and access to the majority of these detainees, including by their lawyers, is not guaranteed. Concern about the physical integrity and life of those arrested are consequently high.
Background Information:
At around 11 pm on April 15, 2011, a group of more than 20 masked and armed plain-clothes men, belonging to security forces, entered without any warrant the house where Mr. Al Tajer was present with his wife and young children. At 00.30 am, after thoroughly searching the house and confiscating computers and mobile phones, the men arrested Mr. Al Tajer and took him to an unknown destination. After his arrest, Mr. Al Tajer was detained incommunicado for five weeks and was then allegedly transferred to the Gurain military prison.
In addition, on June 12, 2011, Mr. Al Tajer was brought before the Lower National Safety Court (a military court) on charges of “spreading rumours and malicious news” and “incitement of hatred towards the regime” without his lawyer nor his family being informed of the court hearing. Several lawyers who were in the court on that day requested the judge to represent him. Mr. Al Tajer pleaded not guilty.

On June 16, he was brought again before the National Safety Court for an hearing, for which approximately 50 lawyers attended the session.
On June 23, 2011, Mr. Mohamed Issa Al Tajer appeared before the Lower National Safety Court in Manama on four charges: “inciting others to develop hatred or hostility towards the system of Government” pursuant to Article 165 of the Bahraini Criminal Code; “deliberately releasing malicious news or rumours about (…) the State” pursuant to Article 168; “inciting others (…) to hate or show contempt for a certain faction (…) undermining the public peace” pursuant to Article 172; and “taking part in a demonstration (…) with the aim of committing crimes (…) aimed at undermining public security” pursuant to Article 178 punishable by a prison sentence of up to three years. Mr. Al Tajer was blamed for committing all those crimes because he reportedly made a speech in which he addressed the public in the Pearl Roundabout’s last March to denounce Bahrain’s human rights record. In the charge sheet against him, it was stated by the prosecution that by making such speech he jeopardised the country stability and security and caused the public to reject the National Dialogue, which was then called for by the Government.
The verdict in this trial was to be issued on July 5, 2011, but shortly before that date, on June 26, the authorities announced that all remaining court cases will be transferred from the special military courts to civilian courts. Thus, Mr. Al Tajer’s trial was suspended and transferred to civil courts.
On August 6, 2011, after 114 days of detentions, Mr. Mohamed Issa Al Tajer was released on bail. Before his release, he was forced to sign documents stating that he would appear before courts and be available for interrogation at any time if summoned. He was also required to declare that he would not carry out “activities against the country”.

During his detention, Mr. Mohamed Issa Al Tajer was allegedly subjected to acts of torture and ill-treatment. He was kept in solitary confinement during seven weeks, beaten and kicked, forced to stand for long hours with his hands against the wall, prevented from going to the bathroom, sleeping, talking with other detainees and having contact with his family during two consecutive months.
At the time of publication of this appeal, items confiscated items during the search which include confidential lawyer client information, as well as family pictures and videos have not been returned to him.
Actions requested:
The Observatory urges the authorities of Bahrain to:
i. Guarantee the physical and psychological integrity of Mr. Mohamed Issa Al Tajer and all human rights defenders in Bahrain;
ii. Put an end to any acts of harassment, including at the judicial level, against Mr. Mohamed Issa Al Tajer and against all human rights defenders in Bahrain;
iii. Conform in any circumstances with the provisions of the Declaration on Human Rights Defenders, adopted on December 9, 1998 by the United Nations General Assembly, in particular :
its Article 1, which states that “everyone has the right, individually or in association with others, to promote the protection and realization of human rights and fundamental freedoms at the national and international levels” ;
its Article 6 (c) which states that “everyone has the right, individually and in association with others to study, discuss, form and hold opinions on the observance, both in law and in practice, of all human rights and fundamental freedoms and, through these and other appropriate means, to draw public attention to those matters” ;
and its Article 12.2 which states that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”.
vi. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Bahrain.
Addresses:
· Cheikh Hamad bin Issa AL KHALIFA, King of Bahrain, Fax: +973 176 64 587
· Cheikh Khaled Bin Ahmad AL KHALIFA, Minister of Foreign Affairs, Tel: +973 172 27 555; Fax : +973 172 12 6032
· Cheikh Khalid bin Ali AL KHALIFA, Minister of Justice and Islamic Affairs, Tel: +973 175 31 333; Fax: +973 175 31 284
· Permanent Mission of Bahrain to the United Nations in Geneva, 1 chemin Jacques-Attenville, 1218 Grand-Saconnex, CP 39, 1292 Chambésy, Switzerland. Fax: + 41 22 758 96 50. Email: [email protected]
Please also write to diplomatic representations of Bahrain in your respective countries.
fidh.org

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