Tuesday, December 11, 2007

Bahrain-Judicial proceedings / Obstacle to the freedom of association

URGENT APPEAL - THE OBSERVATORY

BHR 001 / 1207 / OBS 162
Judicial proceedings / Obstacle to the freedom of association
Bahrain
December 11, 2007


The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), requests your urgent intervention in the following situation in Bahrain

The Observatory has been informed by the Bahrain Centre for Human Rights (BCHR) about the judicial proceedings against Mr. Mohamed \nAbdul Nabi Al-Maskati-Director of the Bahrain Youth Society for Human Rights (BYSHR), which organises \ntraining workshops, monitors and documents human rights violations and \nparticipates in forming a regional network for young human rights activists in \neight Arab countries.

According to the information received, on November 27, 2007, Mr. Al-Maskati was tried by the Fourth Degree Minor Criminal Court, upon charges of “activating unregistered association before issuing the declaration of registration”.

Bahrain.
Brief description of the situation :

The Observatory has been informed by the Bahrain Centre for Human Rights (BCHR) about the judicial proceedings against Mr. Mohamed Abdul Nabi Al-Maskati, Director of the Bahrain Youth Society for Human Rights (BYSHR), which organises training workshops, monitors and documents human rights violations and participates in forming a regional network for young human rights activists in eight Arab countries.

According to the information received, on November 27, 2007, Mr. Al-Maskati was tried by the Fourth Degree Minor Criminal Court, upon charges of “activating unregistered association before issuing the declaration of registration”.

These charges are linked to the fact that BYSHR failed to get registered because of the restricting procedures included in the Bahraini Penal Code of 1976 and Association Law of 1989, which pose conditions to the registration of NGOs, among which the approval by the authorities, the forbidding of handling political issues and the fact that all members should be older than 18 years old. According to these laws, the sentence incurred by Mr. Al-Maskati is six months of prison and a 5,000 dinars fee. "

Prior to this trial, the members of BYSHR had received a notification by the Ministry of Social Affairs requesting them to stop their activities or they will be prosecuted. BYSHR had filed for registration in June 2005 and has since then never received any answer from the authorities.

The hearing has finally been reported to January 21, 2008.

The Observatory is preoccupied by these judicial proceedings against Mr. Al-Maskati engaged in accordance with legislative measures which illustrate a determination to control and silence independent organisations, and to limit the presence of NGOs on Bahraini territory.

Actions requested :

Please write to the authorities of Bahrain urging them to :

i. Put an end to all forms of harassment, including at the judicial level, against Mr. Mohamed Abdul Nabi Al-Maskati and all members of the Bahrain Youth Society for Human Rights, and ensure in all circumstances that its members are able to carry out their work freely without any hindrances;
ii. Put an end to all forms of harassment against human rights defenders in Bahrain;

iii. Conform with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, in particular its Article 1, which provides that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels”, Article 11, which states that “everyone has the right, individually and in association with others, to the lawful exercise of his or her occupation or profession”, as well as Article 12(1) that provides “everyone has the right, individually and in association with others, to participate in peaceful activities against violations of human rights and fundamental freedoms”;
iv. 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, tél : +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: info@bahrain-mission.ch

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Paris-Geneva, December 11, 2007
The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human \nRights Defenders and aims to offer them concrete support in their time of need.
The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need. The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.

To contact the Observatory, call the emergency line:
E-mail: Appeals@fidh-omct.org
Tel and fax FIDH + 33 (0) 1 43 55 20 11 / +33 1 43 55 18 80