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| Source: Al Jazeera |
Thousands of Bahraini Shia Muslims have gathered before a revered cleric to denounce death sentences given to protesters over anti-government rallies crushed last month in the Gulf kingdom.
The verdict, handed down by a military court a day earlier to four men accused of killing two policemen in violent protests last month, could intensify sectarian tension in the Sunni Muslim-ruled state that hosts the US Navy's Fifth Fleet.
"It's not true that they killed them," a man who identified himself only as Moussa said, after praying at the mosque of Sheikh Issa Qassim, as a police helicopter circled overhead.
"The government made it up just like a movie."
He was referring to video footage that Bahraini authorities have circulated showing the two policemen smashed by a vehicle that sped through a crowd of protesters, some of whom appeared to then trample and kick the fallen men.
Police kept a tight grip on roads leading to the village where the mosque is located, turning back many vehicles.
The rulings were only the third time in over 30 years that a death sentence had been given to a Bahraini citizen.
The seven defendants were tried behind closed doors on charges of premeditated murder of government employees, charges which their lawyers denied.
They have further divided a country whose Shia majority says it faces systematic discrimination, but whose Sunni leaders claim Iran is trying to extend its regional influence by manipulating its co-religionists.
Opposition leaders argue the protests in February and March were about demanding more political freedoms and a constitutional monarchy, and that the government is trying to caste it in a sectarian light.
"The sentence was appropriate," Mohammad al-Ammadi, a Sunni lawmaker, citing what he saw as the extreme brutality of the killings. "This is the first time this happened in Bahrain."
In his sermon, the cleric Sheikh Issa Qassim alluded to the growing rift in the country.
"If you wish to be assailed with problems, to lose all comfort ... then allow the spirit of antagonism to take hold and spread in your country," he said.
"This is a fire which may seem manageable at first, but is ultimately beyond control ... and its consequences are always grave."
In the aftermath of the protests, hundreds of people have been detained, and at least three have died in custody. Human rights groups say hundreds of people have been sacked from public sector jobs and that Bahraini forces have seized patients and health workers from hospitals where protesters had been treated.
The latter assertion figured in a rare, mild rebuke of Bahrain from the United States on the heels of the court ruling, which included life sentences for three other men.
"Security measures will not resolve the challenges faced by Bahrain," Heide Bronke-Fulton, a spokesperson for the US state department, said via email.
"We are also extremely troubled by reports of ongoing human rights abuses and violations of medical neutrality in Bahrain. These actions only exacerbate frictions in Bahraini society."
Germany urged Bahrain on Friday to rescind the death sentences.
"This draconian punishment impedes the process of rapprochement and reconciliation in Bahrain," Andreas Peschke, a spokesperson for the German foreign ministers, said on Friday.
Solidarity protests
More than 200 Shia Muslims protested in Saudi Arabia's oil-producing east on Friday in solidarity with fellow believers in nearby Bahrain, who are facing a rolling crackdown, two activists said.
The gatherings in the towns of Awwamiyah and Qatif on Friday defied a call by leading Shia clerics last week for an end to rallies in the conservative Gulf kingdom's Eastern Province, in an apparent bow to government pressure.
Shia activists in the area have held weekly protests over the past two months without major clashes with police.
"There was a protest of over 200 people in Awwamiyah, with the same demands as previous weeks. Police were present but far from the protesters," one activist in Awwamiya told the Reuters news agency by telephone.
The Sunni Muslim monarchy of Saudi Arabia, the world's top oil exporter and a major US ally, does not tolerate any form of public dissent.
Saudi protesters have called for solidarity with Shia in the nearby Gulf island kingdom of Bahrain, where a fierce crackdown has continued since anti-government rallies, led mostly by Shia, were crushed there in March.
Bahrain's uprising unnerved Saudi Arabia, which is connected to the Gulf island kingdom by a causeway. Saudi authorities sent in troops after Bahrain's rulers called on Gulf neighbours to support its crackdown.
In the Pakistani city of Lahore, Shia Muslims held a protest on Friday against the death sentence ruling in Bahrain, carrying symbolic coffins in a show of support.
Bahrain’s prime minister ordered the head of the country's civil service and other senior officials to review procedures for firing state employees, the state news agency said a week ago.
Related article: "Four protesters sentenced to death in Bahrain", April 28, 2011
URGENT APPEAL for Ali Abdullah Hassan al-Sankis, Qassim Hassan Matar, Saeed Abduljalil Saeed, Adbulaziz Abdulridha Ibrahim Hussain at imminent risk of execution in Bahrein
Four men accused of killing two policemen during anti-government protests last month have been sentenced to death in Bahrain. They may be at imminent risk of execution.
Ali Abdullah Hassan al-Sankis, Qassim Hassan Matar, Saeed Abduljalil Saeed and Adbulaziz Abdulridha IbrahimHussain were sentenced to death on 28 April by a military court although they are believed to be civilians,their trial was conducted behind closed doors. The prosecution accused them of the premeditated murder of two police officers during anti-government protests in March by deliberately running them down with a vehicle. They and three other defendants tried with them - Issa Abdullah Kadhim Ali, Sadeq Ali Mahdi and Hussein Jaafar Abdulkarim – who were convicted and sentenced to life imprisonment, all reportedly deny the charge.
The seven defendants are believed to have been tried by a special court, the National Safety Court of First Instance, which was established under the State of National Safety (SNS), a national state of emergency declared by the King of Bahrain on 15 March. The provisions of the SNS are broadly drawn and vague, and it contains no explicit human rights guarantees. The SNS also established the National Safety Court of First Instance to try people accused of crimes committed under the state of emergency, and a National Safety Appeal Court to hear appeals from this special court. The SNS stipulates that Bahrain’s ordinary courts may not hear appeals from these special courts, whose verdicts are final.
It is expected but not yet confirmed that the seven defendants will lodge appeals. If this does occur, the appeals may be held very quickly and the four prisoners under sentence of death may be at imminent risk of execution. The seven are believed to have been held incommunicado for some time following their arrests which are believed to have taken place on or after 16 March, and they may have been subjected to torture or other ill-treatment.
RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible:
--Expressing grave concern at the imposition of death sentences on Ali Abdullah Hassan al-Sankis, Qassim Hassan Matar, Saeed Abduljalil Saeed and Adbulaziz Abdulridha Ibrahim Hussain after a military court trial behind closed doors.
--Acknowledging the Bahraini government’s responsibility to protect the public and bring to justice those responsible for committing crimes, but insisting that this should always be done in accordance with international law and Bahrain’s international human rights obligations;
--Urging His Majesty Shaikh Hamad bin Issa Al Khalifa to commute the death sentences imposed today and those of all others facing possible execution in Bahrain if they are confirmed by appeal courts
--Urging His Majesty to establish a full, thorough and independent inquiry into all alleged abuses of human rights committed during the recent protests, including allegations of unlawful killings by the security forces, with a view to ensuring that those responsible for serious abuses are brought to justice through fair trials and without recourse to the death penalty.
APPEALS TO:
King
King Shaikh Hamad bin ‘Issa Al Khalifa
Office of His Majesty the King
P.O. Box 555
Rifa’a Palace, al-Manama,
BAHRAIN
Fax: 011 973 17664587
Salutation: Your Majesty
COPIES TO:
Prime Minister
Prince Khalifa bin Salman Al Khalifa
Office of the Prime Minister
P.O. Box 1000, al-Manama,
BAHRAIN
Fax: 011 973 17533033
Salutation: Your Highness
Minister of Justice and Islamic Affairs
Shaikh Khaled bin Ali al-Khalifa
Ministry of Justice and Islamic Affairs
P. O. Box 450, Manama
BAHRAIN
Fax: 011 973 17531284
Salutation: Your Excellency
Ambassador Houda Ezra Ebrahim Nonoo
Embassy of the Kingdom of Bahrain
3502 International Drive. NW
Washington DC 20008
Phone: 202 342 1111
Fax: 1 202 362 2192
Email: ambsecretary@bahrainembassy.org
PLEASE SEND APPEALS IMMEDIATELY.
Source: Amnesty International
May 2, 2011 Update
Set Aside Martial Law Death Sentences -- 4 Civilians Condemned to Death, 3 to Life in Prison in Unfair Military Trial
Bahraini authorities should set aside a military court ruling on April 28, 2011, sentencing 4 defendants to death and 3 others to life in prison for their alleged involvement in the murder of 2 police officers, Human Rights Watch said today. Human Rights Watch understands that the 7 defendants, ages 19 to 24, whose trial and sentencing lasted less than 2 weeks, are the 1st civilians to be convicted in special military courts set up after King Hamad bin Isa al-Khalifa declared martial law on March 15.
Authorities accused them of running over 2 police officers on March 16, 2011, when security forces attacked protesters occupying the Pearl Roundabout in central Manama.
"By establishing these special courts, the government of Bahrain is making it near impossible for defendants to enjoy the rights to which they are entitled," said Joe Stork, deputy Middle East director at Human Rights Watch. "The role of the military prosecutor, the makeup of the special court, and the meager access to legal representation undermine the most basic due process protections."
One defense lawyer who had initially acted in the case was arrested just before midnight on April 15 and lack of information about his whereabouts and well-being gives rise to concern that he may have been forcibly disappeared. Other defense lawyers were called in for questioning in recent days.
Authorities charged the defendants with premeditated murder under Bahrain's 1976 Penal Code and the 2006 counterterrorism law, which mandates the death penalty for certain crimes, including murder, when designated a terrorist crime. The trial began in the special military court, which the government calls the National Safety Lower Court, on April 17 after at least three pretrial sessions in early April. All the defendants pleaded not guilty to charges of premeditated murder. The rulings came four days after Bahrain's military public prosecutor, Col. Yusif Rashid Feleyfel, announced that the government was seeking the death penalty and defense lawyers presented their final pleadings.
Bahrain's Information Affairs Authority announced the death sentences on April 28 for Ali Abdullah Hassan al-Singace, 19; Qasim Hasan Matar Ahmad, 20; Saeed Abd al-Jalil Saeed, 19; and Abd al-Aziz Abd al-Ridha Ibrahim Husain, 24, "for their role in the deaths of policemen Kashef Ahmed Madhoor and Mohammed Farooq Abdulsamad."
The court sentenced Isa Abdullah Kadhim Ali, Sayyed Sadiq Ali Mahdi, and Husain Jafar Abd al-Karim, all age 19, to life in prison. A defense lawyer who represents one of the defendants told Human Rights Watch that during the trial lawyers were able to meet with their clients only twice - for 30 minutes before the trial began and once again before the final hearing. Unlike regular criminal court proceedings, the lawyer said, a military prosecutor presented the state's case, and a military judge, accompanied by two civilian judges, presided.
The official Bahrain News Agency (BNA) said that family members and others were allowed to attend the trial, although it was not open to the public. Under an April 8 National Safety Court of Appeal decision, media may not publish information about cases pending before the national safety courts to "ensure safety of evidence and guarantee the right of witnesses for legal protection."
A lawyer representing one of the seven men told Human Rights Watch that the defendants may appeal their convictions and sentences to a National Safety Court of Appeals. Those decisions are final and not subject to further appeal. In civilian trials, defendants can appeal criminal sentences to the Higher Court of Appeals, and the Court of Cessation must review all death sentences. On April 28 the BNA acknowledged that Bahrain has observed a "de facto moratorium on capital punishment" but "retained the right to apply the punishment for the most serious of crimes."
Bahrain is a party to the International Covenant on Civil and Political Rights, which includes guarantees for a fair trial. Although neither international law nor the covenant prohibit the establishment of special courts, the UN Human Rights Committee has explicitly confirmed that the trial of civilians by such courts can only be very exceptional and take place under conditions which genuinely afford the full guarantees of a fair trial. These include the right to presumption of innocence and against self-incrimination; the right to be tried before an independent tribunal; the right to a lawyer of the defendants own choice and to have adequate time and facilities for the preparation of a defense including the right to adequate communication with a lawyer and right to call and examine witnesses.
Human Rights Watch opposes the creation and use of special courts to try national security crimes, as it believes that ordinary courts are capable of effectively prosecuting serious crime including terrorist offences. Human Rights Watch also opposes capital punishment in all circumstances because of its irreversible, cruel, and inhumane nature.
"Even during a state of emergency, fundamental rights such as the right to life and the right to a fair trial must always be respected," Stork said. "And any restrictions during a genuine emergency must be strictly limited and justified by the exigencies of the actual situation. Bahrain's obligations as a party to the International Covenant on Civil and Political Rights remain fully in force."
As of April 27, according to the head of the Information Affairs Authority, Shaikh Fawaz bin Mohammed Al Khalifa, authorities had referred 405 detainees to the special military court and released 312. Human Rights Watch is aware of at least 4 other defendants currently on trial for attempted murder and other crimes before the National Safety Lower Court. On April 20, authorities announced the arrest of a suspect identified as A.Y.A., a 21-year-old male, who allegedly ran down a third police officer, Ahmed al-Muraisi, with a car on March 15, killing him.
One defense lawyer initially involved in the April 28 case, Mohammed al-Tajer, was arrested shortly before midnight at his home on April 15 and has not been heard from since. His wife and colleague lawyers told Human Rights Watch that authorities have not provided any information as to his whereabouts or his well-being, giving rise to concern that he may have been forcibly disappeared. Human Rights Watch has also received reliable information that over the past week Interior Ministry officials summoned 4 defense lawyers, including at least three involved in this case, and that each was questioned by the military prosecutor for between 1 1/2 and 2 1/2 hours.
Human Rights Watch is concerned that al-Tajer's arrest and the questioning of the other lawyers is a tactic by the government to intimidate and silence defense lawyers. Under the UN Basic Principles on the Role of Lawyers, states are required to guarantee that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment, or improper interference, and that their security is not threatened as a result of discharging their functions.
Despite the defendants' "not guilty" pleas, Bahrain TV aired a program on April 28, following the announcement of the sentences, in which several of the defendants appeared to describe in detail their plans to kill police officers. Human Rights Watch has reviewed the 24-minute program and believes that one of those shown on the broadcast was Ali Isa Ibrahim Saqer, 34, who died in custody under suspicious circumstances. He had gone to the police station after police officers came to his home looking for him in connection with the death of a police officer who had allegedly been run over by protesters.
Human Rights Watch viewed Saqer's remains during the ritual body washing before he was buried in his home village of Sehla on April 10. His body showed signs of severe physical abuse. Authorities maintained that Saqer had "created chaos" while in detention, "which led security forces to bring the situation under control," resulting in his death. Saqer's case was 1 of 4 documented by Human Rights Watch in April in which an individual died under suspicious circumstances while in police custody.
"By videotaping the alleged confessions of these defendants and shamelessly airing them on the day the sentences are handed down, Bahrain is taking a page right out of the propaganda playbook of notorious human rights abusers like Iran," Stork said. "It appears they included the televised confession of a detainee who to all appearances had been tortured to death."
Human Rights Watch called on the Bahraini authorities to immediately release information on the whereabouts and safety of Mohammed al-Tajer as well as hundreds of other detainees who have not been permitted contact with families or lawyers. The authorities should either release them or charge them now with a recognizable offense. In any event, they should have immediate access to lawyers, doctors, and families.
Source: Human Rights Watch, May 2, 2011
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