Press Release: Bahrain: A System of Injustice

Press Release: Bahrain: A System of Injustice

Press Release: Bahrain: A System of Injustice

By : Jadaliyya Reports

[The following press release was issued by Human Rights Watch on 28 May 2014.]

(London) – Bahrain’s criminal justice system fails to deliver basic accountability and impartial justice, Human Rights Watch said in a report released today.

The 64-page report, “Criminalizing Dissent, Entrenching Impunity: Persistent Failures of the Bahraini Justice System Since the BICI Report,” found that more than two years after King Hamad bin Isa Al Khalifa accepted recommendations of the Bahrain Independent Commission of Inquiry (BICI) to free peaceful dissenters and hold abusive officials accountable, Bahrain’s courts play a key role in maintaining the country’s highly repressive political order, routinely sentencing peaceful protesters to long prison terms. But members of security forces are rarely prosecuted for unlawful killings, including in detention, and the few convictions have carried extremely light sentences.

“A police officer in Bahrain who kills a protester in cold blood or beats a detainee to death might face a sentence of six months or maybe two years, while peacefully calling for the country to become a republic will get you life in prison,” said Joe Stork, deputy Middle East director at Human Rights Watch. “Bahrain’s problem is not a dysfunctional justice system, but rather a highly functional injustice system.”

The report, based on written verdicts and other court documents, reveals the stark contrast between prosecutions of serious human rights violations by security personnel on the one hand and prosecutions for “crimes” based on speech and peaceful assembly-related activities on the other.

The report sharply contests UK Foreign Office claims that Bahrain has implemented the Commission of Inquiry’s key recommendations and is moving forward on judicial reform.

The Commission of Inquiry report, the work of five respected international jurists, found that security forces were responsible for more than a dozen unlawful killings and routine excessive use of force in suppressing pro-democracy demonstrations in February through April 2011. It also found that detainees were subjected to “a deliberate practice of mistreatment” that led to at least five deaths in detention.

The report recommended that the government release from prison and void the convictions of “all persons charged with offences involving political expression, not consisting of advocacy of violence.” The report also recommended criminal investigations into the wrongful deaths of at least 18 demonstrators and detainees with a view to holding senior officials accountable for rights violations.

Two years after the report was issued, however, leaders of the 2011 protests remain in prison, some sentenced for life, and judges are convicting new defendants of “crimes” based solely on the expression of dissenting political views or the exercise of the right to peaceful assembly, Human Rights Watch said. To justify its decision upholding the terrorism convictions of the protest leaders, the Supreme Appellate Court held in September 2012 that terrorism need not involve the use or threat of violence but can be the result of “moral pressure.”

In another case, the Court of Cassation upheld a conviction of one protester for “inciting hatred and contempt for a certain class of people,” a charge Bahraini authorities regularly use to prosecute peaceful political speech. The Court of Cassation concluded in yet another case that advocating “changing the state’s political system” constitutes “the commission of a crime.” In a third case the Court of Cassation upheld a “destroying public property” conviction for a protester who had stepped on the prime minister’s photograph.

The few prosecutions of security personnel implicated in serious abuses have focused almost exclusively on low-ranking officers, and even those have resulted in acquittals or disproportionately light sentences. The officers responsible for beating suspected protester Ali Saqer to death were convicted of the lesser charge of assault rather than murder although a medical report submitted at the trial stated that Saqer had “blunt-force contusions” all over his body. An appeals court subsequently reduced the ten-year prison terms to two years, finding somewhat incredibly that the defendants deserved “clemency” on the ground that they had been “preserving the life of detainees, among them the victim.”

In another case, a trial court concluded that a police officer had shot Hani Abd al-Aziz Juma from a meter away, leaving him fatally wounded. But it found the officer guilty only of assault, stating that he had not acted with intent to kill. An appeals court subsequently reduced the seven-year prison sentence to six months.

Bahrain’s allies in London, Washington, and Brussels have failed to press the government of Bahrain to take serious steps to hold security forces accountable for abuse, or to call openly for the release of high-profile political prisoners. The UK Foreign Office, in its annual report on human rights published in April, highlighted judicial reform in Bahrain as an area where “the overall trajectory on human rights will be positive.”

“Something is seriously amiss when calling for a republic gets you a life sentence while shooting and killing an unarmed protester gets you six months,” Stork said. “Stability and reform will remain out of reach in Bahrain as long as its allies, notably the UK, offer uncritical support in the face of mounting evidence of abuses.”

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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