Document - Bahreïn. Des citoyens condamnés pour des tweets

URGENT ACTION

Further information on UA: 326/12 Index: MDE 11/071/2012 Bahrain Date: 19 December 2012

URGENT ACTION

BAHRAINI MEN SENTENCED FOR TWEETS

A Bahraini man had his six-month prison sentence upheld on appeal, while three others are serving four-month prison sentences, all for allegedly insulting the King of Bahrain in messages posted on their Twitter accounts. They are considered prisoners of conscience.

Abdullah Alwi al-Hashemi’s six-month imprisonment sentence was upheld by the Appeal Court in Manama, the capital of Bahrain, on 5 December 2012. He was initially sentenced in November, along with three other men, by Branch 4 of the Lower Criminal Court for insulting the King of Bahrain in messages posted on their Twitter accounts. Salman Abdullah Darwish and Ali Mohammad Ali were sentenced to one month and four months respectively on 5 November. On 12 November a fourth man, Ali Abdul Nabi al-Hayeki, was sentenced to four months imprisonment. A lower Criminal Court sentenced a fifth man on 11 December to four months imprisonment on the same charges. Ali Mohammad Ali is due before the Appeal Court on 24 December 2012.

Salman Abdullah Darwish was released on 12 November, having served his sentence.

The four men were charged with ‘’publicly insulting the King” in messages they posted on their Twitter accounts between 2011 and 2012.under Article 214 of Bahrain’s Penal Code – which criminalizes offending the King, the national flag or emblem. All four were arrested and charged in mid-October.

Please write immediately in English, Arabic or your own language:

Expressing concern that Abdullah Alwi al-Hashemi, Ali Mohammad Ali, Ali Abdul Nabi al-Hayeki and a fourth man have been detained solely for exercising their rights to freedom of expression, and urging the Bahraini authorities to immediately and unconditionally release them;

Calling on the Bahraini authorities to quash the convictions and sentences against Abdullah Alwi al-Hashemi, Ali Mohammad Ali, Ali Abdul Nabi al-Hayeki and a fourth man;

Noting that the detention of the four men is in breach of Bahrain’s international obligation to uphold freedom of expression as guaranteed in the International Covenant on Civil and Political Rights (ICCPR), to which Bahrain is a state party.

PLEASE SEND APPEALS BEFORE 30 JANUARY 2013 TO:

King

Shaikh Hamad bin ‘Issa Al Khalifa

Office of His Majesty the King

P.O. Box 555

Rifa’a Palace, al-Manama, Bahrain

Fax: +973 1766 4587 (keep trying)

Salutation: Your Majesty

Minister of Interior

Shaikh Rashid bin ‘Abdullah Al Khalifa

Ministry of Interior

P.O. Box 13, al-Manama, Bahrain

Fax: +973 1723 2661

Twitter: @moi_Bahrain

Salutation: Your Excellency

And copies to:

Minister of Justice and Islamic Affairs

Shaikh Khalid bin Ali bin Abdullah Al Khalifa�Ministry of Justice and Islamic Affairs �P. O. Box 450, al-Manama, Bahrain �Fax: +973 1753 1284�Salutation: Your Excellency

Also send copies to diplomatic representatives accredited to your country.

Please check with your section office if sending appeals after the above date. This is the first update of UA 326/12. Further information: http://amnesty.org/en/library/info/MDE11/065/2012/en

URGENT ACTION

BAHRAINI men sentenced for tweets

ADditional Information

The Bahraini authorities have publicly stated their intention to introduce reforms and learn lessons from events in February and March 2011, when there was a crack-down on anti-government protesters. In November 2011, the Bahrain Independent Commission of Inquiry (BICI) submitted a report, which concluded that the authorities had committed gross human rights violations with impunity. Despite the authorities’ claims to the contrary, abuses continue to be committed against those who oppose the Al Khalifa family’s rule.

The human rights situation in Bahrain has deteriorated over recent months with the continued harassment and arrest of human rights defenders, and a clampdown on freedom of expression. On 30 October 2012, the Minister of Interior announced a ban on all rallies and gatherings in the country under the justification that they are associated with violence, rioting, and attacks on public and private property. He said that the ban would continue until "security is maintained" and suggested that one of his main concerns was the fact that the rallies expressed opposition to the government and the ruling family.

In September, Bahraini authorities expressed its views on the conclusions and recommendations of the report of the Working Group on the Universal Periodic Review (UPR) during the 21st session of the UN Human Rights Council. It stated: “Freedom of speech and expression are guaranteed by Bahrain’s Constitution, national laws and international covenants ratified by Bahrain. Additionally, all charges related to freedom of expression have been dropped. All cases are being reviewed in civilian courts. Furthermore, legislative amendments concerning free expression are being reviewed”.

The UN Human Rights Committee which oversees the implementation of the ICCPR, observed that the mere fact that statements are considered insulting to a public figure is not sufficient to justify imposition of penalties. Moreover, public figures, including heads of states, are legitimately subject to criticism and political opposition.

In a 2008 opinion, the UN Working Group on Arbitrary Detention stated that “the use of criminal law is particularly inappropriate for alleged defamation against public officials on account of the fact that officials should be expected to tolerate more criticism than private citizen”. UN human rights experts say alleged defamation of public figures, such as politicians, should not be criminalized, as those in the public eye "should be expected to tolerate more criticism than private citizens”. They have also said that freedom of opinion and expression involves the right to freely criticize politicians and other public personalities.

Article 214 of Bahrain’s Penal Code criminalizes “offending the emir of the country [the King], the national flag or emblem”; this violates the right to freedom of expression.

Name: Abdullah Alwi al-Hashemi, Salman Abdullah Darwish, Ali Mohammad Ali, Ali Abdul Nabi al-Hayeki

Gender m/f: m

Further information on UA: 326/12 Index: MDE 11/071/2012 Issue Date: 19 December 2012

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