Case History: Abdul Aziz Moussa
On 28 August 2014, the United Nations Working Group on Arbitrary Detention found that the detention of Bahraini human rights defenders Mr Mohammed Hassan Sedif and Mr Abdul Aziz Moussawas arbitrary. Abdul Aziz Moussa was detained on 8 August 2013 after he reported on Twitter the visible signs of torture he had seen on his client, Mohamed Hassan.
Abdul Aziz Moussa is a human rights lawyer in Bahrain.
In an opinion adopted at its 70th session on 28 August 2014, the United Nations Working Group on Arbitrary Detention found that the detention of Bahraini human rights defenders Mr Mohammed Hassan Sedif and Mr Abdul Aziz Moussawas arbitrary.
Front Line Defenders Executive Director Mary Lawlor said in Dublin today:
“Front Line Defenders welcomes the opinion by the Working Group on Arbitrary Detention and urges the authorities in Bahrain to ensure effective remedy for the arbitrary arrest and detention of Mohammed Hassan Sedif and Abdul Aziz Moussa in accordance with international law and to guarantee in all circumstances that all human rights defenders in Bahrain are able to carry out their legitimate human rights activities."
On 31 July 2013, human rights defender and blogger Mr Mohammed Hassan Sedif was arbitrarily arrested. He appeared before the General Prosecutor in Manama on 7 August 2013, following more than a week of incommunicado detention. This was the first occasion that he was able to access legal representation, and he was charged with “operating accounts that call for changing the regime”, “inciting hatred of the regime” and “calling to disobey the law”. Mohammed Hassan Sedif remained in detention at El-Hod El-Gaf prison for a period of 45 days pending an investigation.
Subsequently, on 8 August 2013, the human rights defender's lawyer, Mr Abdul Aziz Moussa, was detained after he reported on Twitter the visible signs of torture he had seen on Mohamed Hassan Sedif, confirming the human rights defender's reports that he had been subjected to torture while in custody. The authorities claimed that Abdul Aziz Moussa had “disclosed confidential information about the investigation”.
Before his arrest, Mohammed Hassan Sedif acted as a media contact point for various foreign news stories, which included coverage of anti-government protests and police crackdowns in Bahrain. The support Mohamed Hassan provided to international media has previously made him a target for the Bahraini authorities. He had previously been interrogated and arrested on three previous occasions in 2012.
The Working Group on Arbitrary Detention finds that the arrest and detention of the human rights defenders was arbitrary and in violation of international law. In the case of Mohammed Hassan Sedif, the Working Group stated that his detention “constitutes a breach of articles 9,10 and 19 of the UDHR and articles 9, 14 and 19 of the ICCPR” and that Abdul Aziz Moussa's detention “constitutes a breach of articles 9 and 19 of the UDHR and of the ICCPR”.
Though the government has cooperated by making information regarding the case available, the Working Group notes that it has not refuted allegations that the arrest and detention of Mohammed Hassan Sedif and Abdul Aziz Moussa was linked to their human rights activism.
Although they have since been released, the Working Group requests that “the Government take all necessary steps to remedy the situation of Mr Mohammed Hassan Sedif and Mr Abdul Aziz Moussa and bring it into conformity with the standards and principles in the UDHR and the ICCPR”. The Working Group therefore concluded that the Bahraini authorities must provide effective remedy and cites their obligation under article 9(5) of the ICCPR which states that “Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation”. The Working Group has referred the allegations of torture in detention to the Special Rapporteur on Torture for consideration.
On 7 August 2013, human rights defender and blogger Mr Mohamed Hassan was led before the General Prosecutor in Manama following more than a week of incommunicado detention. Subsequently, his lawyer Mr Abdul Aziz Moussa was detained on 8 August 2013 after he reported on Twitter the visible signs of torture he had seen on Mohamed Hassan.
Before his arbitrary arrest on 31 July 2013, Mohamed Hassan acted as a media contact point for various foreign news stories, which included coverage of anti-government protests and police crackdowns in Bahrain.
On 31 July 2013, Mohamed Hassan was taken from his home by masked men, associated with the Ministry of Interior, and detained incommunicado at the Criminal Investigation Department. He was brought to a meeting with the General Prosecutor on 3 August for which he was denied legal counsel, and charged with “calling for gatherings”.
On 7 August, for the first time, he was able to access legal representation, and was further charged with “operating accounts that call for changing the regime”, “inciting hatred of the regime” and “calling to disobey the law”. Mohamed Hassan remains in detention at El-Hod El-Gaf prison for a period of 45 days pending an investigation.
After the meeting of 7 August, Mohamed Hassan's lawyer, Abdul Aziz Moussa, reported visible signs of torture on his client's arms on his Twitter account, confirming the human rights defender's reports that he had been subjected to torture while in custody at the Criminal Investigation Department. Subsequently, the human rights lawyer was summoned for an interrogation on 8 August. The authorities claimed that Abdul Aziz Moussa had“disclosed confidential information about the investigation”, and decided to keep the lawyer in detention for a week pending investigation (see Associated Press article).
The support Mohamed Hassan provided to international media, such as The Sunday Telegraph, has previously made him a target for the Bahraini authorities. In June 2012, he was summoned for interrogation and accused of “writing for a website without a license” - an act that does not in fact require a license in Bahrain. He was also arrested on two consecutive days, 21 and 22 April 2012, while accompanying press groups. On the former occasion, he reported being beaten on the leg with a gun barrel. On both days he was released without charges.
The current detention of Mohamed Hassan is part of an alarming wave of suppressive actions targeting human rights defenders and peaceful protesters. The clampdown has intensified in recent days, particularly targeting individuals perceived as sympathetic to the“tamarrod” movement, which calls for a nation-wide protest on 14 August 2013.
On 28 July 2013, the Bahraini National Assembly made a series of alarming recommendations in an extraordinary session, such as “banning sit-ins, rallies and gatherings in the capital Manama”, which, in addition to constituting a violating of the right to freedom of peaceful assembly, could potentially sanction in advance repressive actions against peaceful human rights activities, and exclude them from appeal or Royal pardon.
