HRW Letter to Bahrain on the Pre-Trial Detention of Sayed Yusuf al-Muhafadha

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HRW Letter to Bahrain on the Pre-Trial Detention of Sayed Yusuf al-Muhafadha

By : Jadaliyya Reports

[The following letter was issued by Human Rights Watch on 2 January 2013.]

Dr. Ali Fadhul Al Buainain
Attorney General
Kingdom of Bahrain

Dear Dr. Al Buainain: 

We are writing you this open letter to express our concerns about the prosecution and pre-trial detention of Sayed Yusuf al-Muhafadha, acting vice-president of the Bahrain Human Rights Centre (BHRC), on charges of “willfully disseminatingfalse news” that amounts to “incitement to violence.” 

Security forces arrested al-Muhafadha on December 17, 2012, shortly after a photo of an injured protester was posted on his Twitter account while he was attending a demonstration in Manama to commemorate the death of two protesters in 1994. The message allegedly posted said in English: “I can confirm one shoutgun [sic] injury now in #Manama.” Below the text was the photo of a man’s legapparently wounded by birdshot pellets.

On December 18 the Public Prosecutor’s Office charged al-Muhafadha on the basis of this photoand placed him in detention for one week, pending investigation. On December 25 the prosecutor renewed the detention for another 15 days.

On December 20, the official Bahrain News Agency quoted the deputy attorney general, Mohammed Salah, as saying that the photo “was contrary to the truth” and that it “resulted in protests and riots that disrupted security and order on the same day.”

Al-Muhafadha’s lawyerMohamed al-Jishi,says that he filed two motions for his client’s provisional release, both of which were denied.

Under article 168 of Bahrain’s Penal Code, as amended and signed into law by the king on October 9, 2012, anyone who willfully disseminates false news knowing that it might result in harm to national security or the public order or safety, faces up to two years in prison and a fine of 200 dinars (US$525 ). The law requires that the dissemination of the false news amount to incitement to violence, with a direct link to its occurrence or to the probability of its occurrence.

According to our information, on December 14 at about 9:15 p.m., security forces used force to disperse a group of about 30 protesters in the Al-Makharqa neighborhood of Manama. At that demonstration a protester was shot in the leg and a picture of his wounded leg was posted on several online forums. On December 17,thesamepicture was posted on Bahrain Online, a popular online forum, with the caption “picture of the injury of one of the youth in Manama with shot gun.”  

The photo was firstposted on al-Muhafadha’s Twitter account on December 14. It also appeared on al-Muhafadha’s Twitter post of December 17 while he was attending a demonstration at which security forces did not open fire; this was apparently the basis for the prosecutor’s criminal charges against him.

We are concerned that the case against al-Muhafadha may be motivated by the government’s objections to his long-time human rights work, rather than a genuine determination that his actions violated the law.  We note that authorities detained him last month on an accusation of participating in an "illegal gathering," after police arrested him as he was trying to photograph an injured protester. He was freed 12 days later without being tried.

While we recognize the investigatory role of the prosecutor, the information publicly available does not appear to suggest that al-Muhafadha willfully provided false news he knew might harm public order or safety and which directly amounted to incitement to violence.

Our concerns are heightened by his being placed in pre-trial detention whereas the circumstances of this case do not appear to warrant such detention.

The International Covenant on Civil and Political Rights (ICCPR) in article 9(3) states that “It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial.” According to the United Nations Human Rights Committee, the international expert body that monitors state compliance with the ICCPR, defendants should be released pending trial except where there is likelihood that the defendant will abscond, destroy evidence or influence witnesses.

Finally, we wish to remind you that the UN Declaration on Human Rights Defenders, adopted by the UN General Assembly in 1999, provides that everyone has the right “freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms.”

Human Rights Watch shall continue to monitor the case of al-Muhafadha and welcomes your comments on the issues we have raised in this letter. 

Thank you for your consideration.

Sincerely,

Joe Stork
Deputy Director
Middle East and North Africa Division

Cc:
Her Excellency Houda Ezra Ebrahim Nonoo
Ambassador of the Kingdom of Bahrain to the United States

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Past is Present: Settler Colonialism Matters!

On 5-6 March 2011, the Palestine Society at the School of Oriental and African Studies (SOAS) in London will hold its seventh annual conference, "Past is Present: Settler Colonialism in Palestine." This year`s conference aims to understand Zionism as a settler colonial project which has, for more than a century, subjected Palestine and Palestinians to a structural and violent form of destruction, dispossession, land appropriation and erasure in the pursuit of a new Jewish Israeli society. By organizing this conference, we hope to reclaim and revive the settler colonial paradigm and to outline its potential to inform and guide political strategy and mobilization.

The Israeli-Palestinian conflict is often described as unique and exceptional with little resemblance to other historical or ongoing colonial conflicts. Yet, for Zionism, like other settler colonial projects such as the British colonization of Ireland or European settlement of North America, South Africa or Australia, the imperative is to control the land and its resources -- and to displace the original inhabitants. Indeed, as conference keynote speaker Patrick Wolfe, one of the foremost scholars on settler colonialism and professor at La Trobe University in Victoria, Australia, argues, "the logic of this project, a sustained institutional tendency to eliminate the Indigenous population, informs a range of historical practices that might otherwise appear distinct--invasion is a structure not an event."[i]

Therefore, the classification of the Zionist movement as a settler colonial project, and the Israeli state as its manifestation, is not merely intended as a statement on the historical origins of Israel, nor as a rhetorical or polemical device. Rather, the aim is to highlight Zionism`s structural continuities and the ideology which informs Israeli policies and practices in Palestine and toward Palestinians everywhere. Thus, the Nakba -- whether viewed as a spontaneous, violent episode in war, or the implementation of a preconceived master plan -- should be understood as both the precondition for the creation of Israel and the logical outcome of Zionist settlement in Palestine.

Moreover, it is this same logic that sustains the continuation of the Nakba today. As remarked by Benny Morris, “had he [David Ben Gurion] carried out full expulsion--rather than partial--he would have stabilised the State of Israel for generations.”[ii] Yet, plagued by an “instability”--defined by the very existence of the Palestinian nation--Israel continues its daily state practices in its quest to fulfill Zionism’s logic to maximize the amount of land under its control with the minimum number of Palestinians on it. These practices take a painful array of manifestations: aerial and maritime bombardment, massacre and invasion, house demolitions, land theft, identity card confiscation, racist laws and loyalty tests, the wall, the siege on Gaza, cultural appropriation, and the dependence on willing (or unwilling) native collaboration and security arrangements, all with the continued support and backing of imperial power. 

Despite these enduring practices however, the settler colonial paradigm has largely fallen into disuse. As a paradigm, it once served as a primary ideological and political framework for all Palestinian political factions and trends, and informed the intellectual work of committed academics and revolutionary scholars, both Palestinians and Jews.

The conference thus asks where and why the settler colonial paradigm was lost, both in scholarship on Palestine and in politics; how do current analyses and theoretical trends that have arisen in its place address present and historical realities? While acknowledging the creativity of these new interpretations, we must nonetheless ask: when exactly did Palestinian natives find themselves in a "post-colonial" condition? When did the ongoing struggle over land become a "post-conflict" situation? When did Israel become a "post-Zionist" society? And when did the fortification of Palestinian ghettos and reservations become "state-building"?

In outlining settler colonialism as a central paradigm from which to understand Palestine, this conference re-invigorates it as a tool by which to analyze the present situation. In doing so, it contests solutions which accommodate Zionism, and more significantly, builds settler colonialism as a political analysis that can embolden and inform a strategy of active, mutual, and principled Palestinian alignment with the Arab struggle for self-determination, and indigenous struggles in the US, Latin America, Oceania, and elsewhere.

Such an alignment would expand the tools available to Palestinians and their solidarity movement, and reconnect the struggle to its own history of anti-colonial internationalism. At its core, this internationalism asserts that the Palestinian struggle against Zionist settler colonialism can only be won when it is embedded within, and empowered by, the broader Arab movement for emancipation and the indigenous, anti-racist and anti-colonial movement--from Arizona to Auckland.

SOAS Palestine Society invites everyone to join us at what promises to be a significant intervention in Palestine activism and scholarship.

For over 30 years, SOAS Palestine Society has heightened awareness and understanding of the Palestinian people, their rights, culture, and struggle for self-determination, amongst students, faculty, staff, and the broader public. SOAS Palestine society aims to continuously push the frontiers of discourse in an effort to make provocative arguments and to stimulate debate and organizing for justice in Palestine through relevant conferences, and events ranging from the intellectual and political impact of Edward Said`s life and work (2004), international law and the Palestine question (2005), the economy of Palestine and its occupation (2006), the one state (2007), 60 Years of Nakba, 60 Years of Resistance (2009), and most recently, the Left in Palestine (2010).

For more information on the SOAS Palestine Society 7th annual conference, Past is Present: Settler Colonialism in Palestine: www.soaspalsoc.org

SOAS Palestine Society Organizing Collective is a group of committed students that has undertaken to organize annual academic conferences on Palestine since 2003.

 


[i] Patrick Wolfe, Settler Colonialism and the Transformation of Anthropology: The Politics and Poetics of an Ethnographic Event, Cassell, London, p. 163

[ii] Interview with Benny Morris, Survival of the Fittest, Haaretz, 9. January 2004, http://cosmos.ucc.ie/cs1064/jabowen/IPSC/php/art.php?aid=5412