BCHR | Bahraini judiciary topples the report of the BICI

محروم.كوم · #1 01-07-2013, 10:40 AM

07-01-13 09:06 AM

Model: Bahrain13 case of political and human rights leaders in the so-called issue of "Alliance for the Republic"

7 January 2013

This memorandum:
1. This memorandum reviews several inconsistencies between the judgment of the Supreme Court of Appeal in case No. 124/2011 dated 04/09/2012 and the reported observations and recommendations associated with this case in the report issued by the "Bahrain Independent Commission of Inquiry" on November 23, 2011. Which makes this case ideal model to test the seriousness of the Bahrain authorities to apply the recommendations of the committee on its anniversary.

The timing of the issuance of this memorandum comes before the final verdict by the appeal Court in the case, and expected to be 7th Jan 2013.
2. And what makes the BICI report have a strong link for the Bahrain13 case:

1. That all the charges in this case involving juveniles witnessed by Bahrain in February / March 2011, and the king of Bahrain has formed the BICI committee to look in the course of events that took place in Bahrain during February and March 2011 and the resulting aftermath .." (According to the Royal Order No. 28 of 2011).
2. That the BICI report presented in detail the role of the accused in the events, and what they suffered during the arrest, search, detention, investigation and in the national safety courts, which are directly related to the seriousness of the accusations and the legality of the evidence and judgments.
3. That King had received the BICI report and accepted it. He then ordered state agencies to the implementation its recommendations.

3. This memorandum is based primarily on the citation and comparison between the texts of the Supreme Court of Appeal decision issued in the case (which is in 77-pages) and the report published by the BICI.
Although the total number of defendants in this case are 21 Bahraini political figures and human rights activists, this note will focus only on the thirteen defendants against whom the judgment of the Supreme Court of Appeal sentenced.
Topics of the memorandum and the main conclusions:
First: the role of the accused "Bahrain13" in the events of February and March 2011: The BICI findings refute the responsibility of the defendants in the juvenile and planning of the events, and addresses the BICI differently on the Alliance for the Republic.
Second: the BICI report documenting the violations during the arrest and search, and lawyers argue that "what is built on falsehood is false," the appeals court ignored all of that in its condemnation of the accused.
Third: The BICI report documented the violations (on Arbitrary arrests, detention, solitary confinement, torture and ill-treatment) and recommended achieving a neutral and independent investigation but the Court of Appeal ignored all that and rely on its judgment on testifies taken forcibly and based on witnesses who were involved in torturing the defendants.
Fourth: Court of Appeal ignored the BICI conclusion and recommendation concerning the topic "arrest and trial in relation to freedom of expression, assembly and association," and criminalised the defendants who exercised these freedoms by expanding the interpretation of Bahraini laws which restrict freedoms, for the purpose of convicting defendants of inciting violence and terrorism.
Fifth: The Court of Appeal condemns some of the accused of spying, despite the fact the BICI report denied it stating that there are no signs of external interference in the events.
Sixth: a final summary.
First: the incompatibility between the BICI report and the rule of "the Supreme Court of Appeal" with respect to: the nature of the role of the accused in this case in the events of February / March 2011, and the reasons for the escalation of these events, and the "Alliance for the Republic":
1. Came in the judgment of the "Supreme Court of Appeal" on 24.07.2012, that: "... on the subject of the thirteen appeals, and when the incidents are well known to the court, .. is obtained that the impact of the arrest of the terrorist cell known as the twenty-five, the trial (it was on 15/8/2010 .. which was six months prior to the events) have been monitoring the movement of the first defendant (Abdul Wahab Hussein Ali) and he is an official in the unauthorised Al-Wafa Islamic Party - and to form a group aimed to violate the laws and regulation ie, the Alliance for the Republic, intended to change the regime in the kingdom and disrupt the provisions of the Constitution and the laws in coordination with leading the so-called Al-Haq movement , the Bahrain Freedom Movement and Islamic Movement and Salvation Movement who are residents in London are accused of second (Hassan Ali Hassan Mushaima) .. and others is appellants .. in conjunction with some activists within the plaque They accused (Abdul Jalil Radhi Mansour al-Miqdad) .. and (Abdulhadi Abdullah Al-Khawaja) .. (Salah Abdullah Al-Khawaja), (Mohammed Hassan Jawad) .. and (Mohammed Ali Radhi Ismail). They all agreed on the composition of the so-called coalition of for the Republic .. The defendant (Abdul Wahab Hussein Ali) took advantage of the emergence of some calls that have been talking on over the internet .. to choose 14th Feb .. to claim certain rights, as they called to do demonstrations and marches .. on that day with the composition of groups to work with all area .. with work on the exploitation of houses of worship .. to incite public disorder and riots and vandalism .. for implementation of the scheme aimed at regime change and the Constitution ..

The first defendant (Abdul Wahab Hussein Ali) lead the first protests in his living village "Nuwaidrat" and he used his house as a meeting centre to call for "Alliance for the Republic" , and the GCC roundabout has been selected as place for demonstrators to highlight the numerical density .. but the roundabout was disbursed the first time and the idea of a national dialogue started and protestors were allowed to go back to the roundabout, and those accused of the terrorist cell were released from jail - they were arrested from 15/8/2010 until 23/2/201, and then some of them have been arrested in this case after less than a month), which was among the defendants where the second defendant (Hasan Ali Hassan Mushaima), The fourth defendant (Mohamed Habib Mansour Al-Meqdad) , seventh (Abd-Jaleel Sangaece), eighth (Saeed Mirza) , ninth (Hadi Al-Mukhoudur) and 10th (Abdullah Issa Mahroos) .. and some of the released have directly joined the protestors after their release along with the rest of the defendants and participated in the activities of gathering in the roundabout, incitement to Drop governance and commit hostilities .. They also attacked the houses of worship for Sunnis, disrupted health and educational institutions, calling for disobedience and using force with those who have not responded to them .. All this under the name of "Alliance for the Republic" (see judgment the Court of Cassation issued in the case. . pages 33 to 37).
2. As for the BICI findings, after the viewing the details mentioned above relating to the case and after investigations, interviews. it was recorded in the forth chapter from the report, the narrative of events during February and March 2011 were listed as , and included a narrative of following conclusions and observations:
- "the Arab spring has stimulated pent up popular reactions and grievances in many Arab States, including Bahrain. Unlike earlier manifestations of unrest, the initial protests that began on 14 February were not orchestrated by institutionalised political opposition groups, but were triggered and led by networks of discontented and politically unaffiliated youth." (Note 641)
- ".the demand was for reforms, not for regime change. This was the same in the early stages of the demonstrations and protests in Tunisia, Egypt, Syria and Yemen. But as experience shows, when demands for reforms are rebuffed, the demands become for regime change. In the end, the society becomes both polarised and radicalised." (Note 642)
- "The size and breadth of these initial demonstrations was relatively limited. However, the death of two protestors on 14 and 15 February caused the number of persons participating in protests throughout Bahrain to increase significantly. In addition, a discernible shift in the nature of demands being called for in these protests took place after the first clearance of the GCC Roundabout on 17 February 2011 and the deaths that occurred in confrontations between protestors and security forces. Popular discontent was further heightened by what many considered to be the lack of both adequate and timely government responses to the protestors’ demands and measures to address grievances.. " (Note 645)
- As the protests continued, more criticism and allegations of corruption were directed at HRH the Prime Minister. Later, many demonstrators began to call for changing the ruling regime in Bahrain, and gradually, the chant “the people demand the removal of the regime”, which was borrowed from other Arab countries that had witnessed similar mass uprisings, became one of the protestors’ slogans.
"(note 646)
- "Also on 7 March, three opposition groups proclaimed the Coalition for the Republic, which called for the establishment of a democratic republic in Bahrain.
(note 652)

"

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