BCHR | Bahrain: Rights of the Defence Denied, Mother of Two Sentenced

محروم.كوم · #1 02-01-2013, 03:00 PM

01-02-13 01:37 PM

01 FEB 2013
The Bahrain Center for Human Rights expresses its deep concern for the judicial system, which lacks transparency and fairness at every level.
Siddiqa Al-Basri, (25 years old) a mother of two, was arrested from court on the 28th of January after she had her 6 months prison sentence upheld by the Court of Cassation for insulting a police officer and disobeying orders. Al-Basri was never presented with the opportunity to defend herself at any stage of the trial and repeal process.
During the state of martial law that was in place during April 2011, Al-Basri passed through a security checkpoint in her car where police officers inspected her and her car without justification or warrant. She was insulted, humiliated and mistreated by the officers. When she tried to leave the car and walk away, the officers pursued her, assaulted and finally arrested her on the charge of disobeying their orders and insulting the security forces for saying: “I’m from Sitra and I only fear my God.” Moreover Al-Basri was accused by the military prosecution of illegal gathering, causing a riot, and incitement to hatred of the regime at the same time. Her ID card was taken by police officers, and she was detained for ten days before she was released and referred to the military court (National Safety Court), which sentenced her on 21 June 2011 to two years of imprisonment in the second session of the trial, in the absence of a lawyer and without hearing her defence. She was released on bail of 200 Bahraini dinars pending appeal.
On 1 March 2012 the court of appeal denied Al-Basri’s right to present an appeal, and proceeded with passing a sentence of six months imprisonment. Her lawyer (Mohsin Al-Alawi) was denied requests to present his defence and question prosecution witnesses, such as the police officer who attacked her. Requests were also denied for the video recording from the Ministry of Interior’s security camera at the checkpoint.
The last hope for Al-Basri was the court of cassation, which has, however, upheld the sentence despite the blatant violations to the defence rights during the appeal trial. She was immediately rearrested from the court and is due to serve the next 5 months and 20 days in prison.

During court hearings at the military trial, the ordinary court of appeals that followed, and finally at the Court of Cassation, Al-Basri never had the opportunity to defend herself.
The Bahraini Constitution states in Article 20, that an accused person is innocent until proved guilty in a legal trial in which he is assured of the necessary guarantees to exercise the right of defence at all stages of the investigation and trial in accordance with the law. The BCHR demands that these charges be thrown out and that all legal proceedings are conducted in accordance with the Bahraini constitution and standard international practices.
The Bahrain Center for Human Rights calls for:
- Immediatly release Siddiqa Al-Basri, review the court's decision, and drop the politicaly 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 ensures the conditions of a 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.

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