Bahrain Thirteen
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The Bahrain Thirteen () are thirteen
Bahrain Bahrain, officially the Kingdom of Bahrain, is an island country in West Asia. Situated on the Persian Gulf, it comprises a small archipelago of 50 natural islands and an additional 33 artificial islands, centered on Bahrain Island, which mak ...
i opposition leaders, rights activists, bloggers and
Shia Shia Islam is the second-largest branch of Islam. It holds that Muhammad designated Ali ibn Abi Talib () as both his political successor (caliph) and as the spiritual leader of the Muslim community (imam). However, his right is understood ...
clerics arrested between 17 March and 9 April 2011 in connection with their role in the national uprising. In June 2011, they were tried by a special
military court A court-martial (plural ''courts-martial'' or ''courts martial'', as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of members of the arme ...
, the National Safety Court, and convicted of "setting up terror groups to topple the royal regime and change the constitution"; they received sentences ranging from two years to life in prison. A military appeal court upheld the sentences in September. The trial was "one of the most prominent" before the National Safety Court. A retrial in a civilian court was held in April 2012 but the accused were not released from prison. The sentences were upheld again on 4 September 2012. On 7 January 2013, the defendants lost their last chance of appeal when the Court of Cassation, Bahrain's top court upheld the sentences. The thirteen are Abdulhadi al-Khawaja, Abdulhadi al-Mukhodher, Abduljalil al-Miqdad,
Abduljalil al-Singace Abduljalil Abdulla al-Singace (, born January 15, 1962) is a Bahraini engineer, blogger, and human rights activist. He was arrested in 2009 and 2010 for his human rights activities and released later. In 2011, he was arrested, allegedly tortured ...
, Abdulla al-Mahroos,
Abdulwahab Hussain Abdulwahab Hussain Ali Ahmed Esmael (; born October 9, 1954) is a Bahraini political activist,
,
Hasan Mushaima Hasan Mushaima () is an opposition leader in Bahrain and the secretary-general of the Haq Movement, an important opposition party in Bahrain. Before forming Haq, he was a founding member of Al Wefaq and a leading figure in the 1994 uprising ...
,
Ibrahim Sharif Ibrahim Sharif al-Sayed () is an opposition political activist in Bahrain, currently serving as the General Secretary of the secular socialist National Democratic Action Society (Wa'ad).
, Mohamed Habib al-Miqdad, Mohamed Hasan Jawad, Mohamed Ismail, Sa’eed al-Nuri and Salah al-Khawaja. They were originally twenty-one, but seven were tried ''in absentia'' and one was released in April 2012. The thirteen became popular heroes in Bahrain, and analysts speculated that the government was concerned that their release might re-energize the protest movement and frustrate government supporters who oppose any royal pardons. The trial, conviction and sentencing of the Bahrain Thirteen drew expressions of concern from
European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The u ...
,
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,
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,
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,
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and
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, and international organizations including the
United Nations The United Nations (UN) is the Earth, global intergovernmental organization established by the signing of the Charter of the United Nations, UN Charter on 26 June 1945 with the stated purpose of maintaining international peace and internationa ...
,
Amnesty International Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says that it has more than ten million members a ...
,
Human Rights Watch Human Rights Watch (HRW) is an international non-governmental organization that conducts research and advocacy on human rights. Headquartered in New York City, the group investigates and reports on issues including War crime, war crimes, crim ...
,
Reporters Without Borders Reporters Without Borders (RWB; ; RSF) is an international non-profit and non-governmental organisation, non-governmental organization headquartered in Paris, which focuses on safeguarding the right to freedom of information. It describes its a ...
,
Committee to Protect Journalists The Committee to Protect Journalists (CPJ) is an American 501(c)(3) nonprofit organization based in New York City, with correspondents around the world. CPJ promotes press freedom and defends the rights of journalists. The '' American Journalism ...
and
Human Rights First Human Rights First (formerly known as the Lawyers Committee for International Human Rights) is a nonpartisan, 501(c)(3), international human rights organization based in New York City, Los Angeles and Washington, D.C. Its work centers on four m ...
. The government of Bahrain maintained that trials were fair. The Bahrain Independent Commission of Inquiry (BICI), an independent inquiry commissioned by the
King of Bahrain The king of the Kingdom of Bahrain ( ) is the monarch and head of state of the Kingdom of Bahrain. The House of Khalifa has been the ruling family since 1783. Between 1783 and 1971, the Bahraini monarch held the title of hakim, and, from 1971 ...
, concluded in November 2011 that there had been a discernible pattern of mistreatment to the defendants while in prison.


Background

In February 2011 the
Bahrain Bahrain, officially the Kingdom of Bahrain, is an island country in West Asia. Situated on the Persian Gulf, it comprises a small archipelago of 50 natural islands and an additional 33 artificial islands, centered on Bahrain Island, which mak ...
i authorities sought to repress pro-democracy protests around the
Pearl Roundabout The Gulf Cooperation Council or GCC Roundabout, known as Pearl Roundabout or Lulu Roundabout (Arabic language, Arabic: ', "Roundabout of the pearl(s)"), was a roundabout located near the Central business district, financial district of Manama, B ...
, a traffic circle near the financial district in Bahrain's capital
Manama Manama ( ', Bahrani Arabic, Bahrani pronunciation: ) is the capital and List of cities in Bahrain, largest city of Bahrain, with an approximate population of 297,502 as of 2012. Long an important trading center in the Persian Gulf, Manama is ...
(part of the wider
Arab Spring The Arab Spring () was a series of Nonviolent resistance, anti-government protests, Rebellion, uprisings, and Insurgency, armed rebellions that spread across much of the Arab world in the early 2010s. It began Tunisian revolution, in Tunisia ...
movement). On 17 February, in an attack by police that subsequently became known as Bloody Thursday; four protesters died and more than 300 were injured. Protests involving up to one fifth of the population continued over the next month until the government called in Gulf Cooperation Council
troops A troop is a military sub-subunit, originally a small formation of cavalry, subordinate to a Squadron (cavalry), squadron. In many armies a troop is the equivalent element to the infantry section (military unit), section or platoon. Exception ...
and police and declared a three-month
state of emergency A state of emergency is a situation in which a government is empowered to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state before, during, o ...
. Despite the brutal crack-down that followed,Law, Bill (6 April 2011)
"Police Brutality Turns Bahrain Into 'Island of Fear'
''
Crossing Continents ''Crossing Continents'' is a half-hour BBC Radio 4 documentary strand focusing on foreign affairs issues. It takes listeners right to the heart of story through its on-location reporting and feature making. The programmes are character driven a ...
'' (via BBC News). Retrieved 15 April 2011.
smaller-scale protests and clashes continued, mostly outside Manama's business districts. By April 2012, more than 80 people had died during the uprising.Gregg Carlstrom (23 April 2012)
"Bahrain court delays ruling in activists case"
Al Jazeera English. Retrieved 14 June 2012.


Naming

Amnesty International coined the name "Bahrain 13" to refer to the men, which was later adopted by some media sources.Justin Cremer (4 September 2012)
"Al-Khawaja's life sentence is upheld by Bahrain court"
''
The Copenhagen Post ''The Copenhagen Post'', also stylized ''CPH Post'', is a newspaper providing Danish news in English both nationally and internationally; it is the only English-language newspaper printed regularly in Denmark. History and profile Founded by S ...
''. Retrieved 6 September 2012.
Their case is known locally as the Case of Icons () and the Group of 21 (). They were originally twenty-one, but seven were tried in absentia and one was released in April 2012.Andrew Hammond
"Bahrain delays verdict in protest leaders' retrial"
Reuters Reuters ( ) is a news agency owned by Thomson Reuters. It employs around 2,500 journalists and 600 photojournalists in about 200 locations worldwide writing in 16 languages. Reuters is one of the largest news agencies in the world. The agency ...
. 14 August 2012. Retrieved 24 August 2012.
The seven tried in absentia were either hiding or outside the country.


Role in the Bahraini uprising

The Bahrain Thirteen played an important role in mobilizing the public opinion against the government, organizing protests and shaping political demands. Some of the group were already in detention when the uprising began, having been arrested in the Manama incident the previous August, and were released on 22 February 2011.
Abdulwahab Hussain Abdulwahab Hussain Ali Ahmed Esmael (; born October 9, 1954) is a Bahraini political activist,
and Hassan Mushaima, leaders of opposition parties Al Wafa' and
Haq Movement The Haq Movement for Liberty and Democracy () is an opposition political organization in Bahrain founded in November 2005 with Hasan Mushaima as its secretary general. Several of its leaders were previously in the leadership of the Al Wefaq soc ...
respectively, were among the leaders of the
1990s uprising in Bahrain The 1990s uprising in Bahrain () also known as the uprising of dignity () was an uprising in Bahrain between 1994 and 1999 in which leftists, liberals and Islamists joined forces to demand democratic reforms. The uprising caused approximately ...
."Wafa': A new Shia rejectionist movement - Passed to the Telegraph by WikiLeaks"
''
The Daily Telegraph ''The Daily Telegraph'', known online and elsewhere as ''The Telegraph'', is a British daily broadsheet conservative newspaper published in London by Telegraph Media Group and distributed in the United Kingdom and internationally. It was found ...
''. 18 February 2011. Retrieved 24 May 2012.
Mushaima was a leading member in
Al Wefaq Al-Wefaq National Islamic Society (; ), sometimes shortened to simply Al-Wefaq, was a Shi'a Bahraini political party, that operates clandestinely after being ordered by the highest court in Bahrain to be dissolved and liquidated. Although from ...
opposition group until resigning in 2005 due to their decision to run in 2006 parliamentary election. He then founded the
Haq Movement The Haq Movement for Liberty and Democracy () is an opposition political organization in Bahrain founded in November 2005 with Hasan Mushaima as its secretary general. Several of its leaders were previously in the leadership of the Al Wefaq soc ...
. In 2010, the London-based activist was sentenced in absentia over an alleged plot to overthrow the government, however the charges were dropped in February 2011 as a part of government concessions to the opposition. This allowed Mushaima to return to Bahrain on 26 February and join the protest movement.
Abduljalil al-Singace Abduljalil Abdulla al-Singace (, born January 15, 1962) is a Bahraini engineer, blogger, and human rights activist. He was arrested in 2009 and 2010 for his human rights activities and released later. In 2011, he was arrested, allegedly tortured ...
, a blogger and once the chair of
University of Bahrain The University of Bahrain (), often abbreviated as UOB, is a public university in Bahrain. Established by royal decree in 1986, it has since become the largest institution of higher education in Bahrain, with three campuses ( Sakhir, Isa Town, an ...
Engineering Department followed Mushaima's path; he resigned from his position in Al Wefaq as public relations chief and joined Haq in 2005 as the head of human rights department."Updates: Harsh sentences to 21 prominent oppositional leaders and Human Rights defenders"
. Bahrain Centre for Human Rights. 10 July 2011. Retrieved 24 August 2012.
He was among the arrested in August 2010 and joined the uprising when he was released on 22 February. The Haq Movement supported protest plans. Abdulwahab Hussain was also a member of Al Wefaq who resigned in 2005. Unlike Mushaima and al-Singace, Hussain left politics in 2005. He returned in 2009 when he co-founded Al Wafa' opposition group and became its official spokesperson. He played a bigger role in the uprising; he was not arrested when the uprising began nor was he outside the country. Hussain led the first demonstration in the uprising in the early hours of 14 February. He is also credited with suggesting autonomous action and total decentralization of the protest movement which was adopted by February 14 Youth Coalition, the group behind the call for an uprising in order to avoid getting infiltrated by government. Abduljalil al-Miqdad is a prominent Shia and political activist, and a co-founder of Al Wafa'. He resigned from the Bahrain Ulama Council in 2005. The relationship between al-Miqdad and Al Wafa' is comparable to that of
Isa Qassim Grand Ayatollah Sheikh Isa Ahmed Qassim (Arabic: آية الله الشيخ عيسى أحمد قاسم) is Bahrain's leading Shia cleric and a politician. He is the spiritual leader of Al Wefaq, Bahrain's biggest opposition society. He is the fo ...
and Al Wefaq; its unofficial spiritual leader. Sa'eed al-Nori is a religious, political activist and vocal critic of the government, and member of Al Wafa'. He was among the arrested in August 2010. Mohamed Ismail is a political activist with close relations to Abdulwahab Hussain. In March 2011, Haq, Al Wafa' and
Bahrain Freedom Movement The Bahrain Freedom Movement () is a London-based Bahraini opposition group which has its headquarters in a north London mosque. Its main medium is the Voice of Bahrain website which was blocked for several years by Batelco, Bahrain's sole Inter ...
formed a "Coalition for a ahrainiRepublic",CNN wire staff (6 October 2011)
"Bahrain announces new trial for convicted medics"
CNN. Retrieved 25 May 2012
calling for the downfall of the current regime by escalation of peaceful protests and the establishment of a democratic republic. While they accepted a western-style constitutional monarchy in principle, saying it was "not very different from a republic", they doubted the regime would voluntarily implement such a radical change and argued that toppling it was unavoidable. The newly found coalition supported a controversial, yet peaceful protest heading to the Royal Court in Riffa. The rally ended in chaos after it was dispersed by security forces and "pro-government Sunni vigilantes". Abdulhadi al-Khawaja, described by the
Index on Censorship Index on Censorship is an organisation campaigning for freedom of expression. It produces a quarterly magazine of the same name from London. It is directed by the non-profit-making Writers and Scholars International, Ltd (WSI) in association wit ...
as one of the best-known human rights activists in the world, is the co-founder of the
Bahrain Centre for Human Rights The Bahrain Centre for Human Rights (BCHR; ) was a Bahraini non-profit non-governmental organisation which works to promote human rights in Bahrain,Brian Dooley (20 June 2012)
"Playing cat and mouse with Bahrain’s political prisoners"
.
Index on Censorship Index on Censorship is an organisation campaigning for freedom of expression. It produces a quarterly magazine of the same name from London. It is directed by the non-profit-making Writers and Scholars International, Ltd (WSI) in association wit ...
. Retrieved 24 August 2012.
and a vocal critic of the government. Al-Khawaja was arrested in 2004 and 2007, and reportedly beaten in 2005 over his opposition activities. He holds Danish and Bahraini
dual citizenship Multiple citizenship (or multiple nationality) is a person's legal status in which a person is at the same time recognized by more than one sovereign state, country under its nationality law, nationality and citizenship law as a national or cit ...
. His role in the uprising was much less; his activities were limited to "organising peaceful awareness-raising and human rights education". He said he had intentionally kept himself away from the Pearl Roundabout in order to avoid "giv ngthe authorities any reason to arrest" him. Salah al-Khawaja is a former member of Islamic Action Society (Amal) and brother of Abdulhadi al-Khawaja. During the uprising, he sought to document events and contact international media.
Ibrahim Sharif Ibrahim Sharif al-Sayed () is an opposition political activist in Bahrain, currently serving as the General Secretary of the secular socialist National Democratic Action Society (Wa'ad).
is an opposition leader and president of the secular, leftist, cross-sectarian National Democratic Action Society (Wa'ad). Wa'ad is allied with Al Wefaq opposition group. They organized many protests calling for an elected government and a constitutional monarchy. Sharif is the only Sunni member of Bahrain Thirteen, the rest being Shia. His Sunni identity undermines the attempts of government of Bahrain to visualize the protest movement as a sectarian and pro-Iranian plot, and shows that it has support from parts of the Sunni community. Ten days before the uprising, Sharif demanded "local reform" in a rally in solidarity with the
2011 Egyptian Revolution The 2011 Egyptian revolution, also known as the 25 January Revolution (;), began on 25 January 2011 and spread across Egypt. The date was set by various youth groups to coincide with the annual Egyptian "Police holiday" as a statement against ...
, however Wa'ad only announced a day before the protests that it supported "the principle of the right of the youth to demonstrate peacefully". Mohamed Habib al-Miqdad -cousin of Abduljalil al-Miqdad- is a prominent religious and political leader, president of al-Zahraa Society for Orphans and holds Bahraini and Swedish dual citizenship. Al-Miqdad is also a vocal critic of the government. Abdulla al-Mahroos is a religious and political activist, vice president of al-Zahraa Society for Orphans and a vocal critic of the government. Abdulhadi al-Mukhodher is a Shia cleric. Mohamed Hasan Jawad is a rights activist. He is also an uncle of
Nabeel Rajab Nabeel Rajab (; born 1 September 1964) is a Bahraini human rights activist and opposition figure. He is the president of the Bahrain Centre for Human Rights (BCHR), a member of the Advisory Committee of Human Rights Watch's Middle East Divi ...
, a Bahraini opposition leader, and a father of
Hussain Jawad Hussain Jawad Parweez (; born 10 December 1987) is a leading Bahraini human rights activist. He is the Chairman and founder of the European-Bahraini Organisation for Human Rights (EBOHR). He is also one of the founders of Bahrain Youth Society f ...
, a prominent human rights defender, arrested in February 2015. All of the four (Mohamed Habib al-Miqdad, Abdulla al-Mahroos, Abdulhadi al-Mukhodher and Mohamed Hasan Jawad) were among the arrested in August 2010.


Arrests

The arrests of the Bahrain Thirteen took place between 17 March 2011 and 9 April,"Urgent action: Verdict expected for 13 opposition activists"
. Amnesty International. 7 August 2012. Retrieved 24 August 2012.
due to their role in the uprising. The first to be arrested were Abdulhadi al-Mukhodher, Abduljalil al-Singace, Abdulwahab Hussain, Ibrahim Sharif, Hassan Mushaima and Saeed al-Nuri,"Bahrain: Protest Leaders Arbitrarily Detained"
Human Rights Watch. 18 March 2011. Retrieved 25 August 2012.
and the last was Abdulhadi al-Khawaja. Most were arrested by security forces during the night. According to the Bahrain Centre for Human Rights, no warrants were shown and many of the detainees were beaten during their arrest. They were held in al-Qurain military prison and on 28 November they were transferred to Jaw prison.


Torture

Following their arrest the activists were kept in solitary confinement for weeks during which they were allegedly subjected to
torture Torture is the deliberate infliction of severe pain or suffering on a person for reasons including corporal punishment, punishment, forced confession, extracting a confession, interrogational torture, interrogation for information, or intimid ...
by Bahrain
National Security Agency (NSA) The National Security Agency (NSA) is an intelligence agency of the United States Department of Defense, under the authority of the Director of National Intelligence, director of national intelligence (DNI). The NSA is responsible for global ...
officers seeking to secure confessions and for punishment. This reportedly included
sexual assault Sexual assault is an act of sexual abuse in which one intentionally Physical intimacy, sexually touches another person without that person's consent, or Coercion, coerces or physically forces a person to engage in a sexual act against their w ...
s. In April, a patient in the Military Hospital saw Ibrahim Sharif with his face swollen, raising concerns that he may have been tortured. According to Amnesty International, Abdulhadi al-Khawaja suffered fractures of the jaw and head and bruising of the arms during his first month in detention, allegedly as a result of torture. After a six-day hospitalization during which he underwent several operations, torture was reportedly resumed. According to Human Rights Watch (HRW) signs of mistreatment were visible on al-Khawaja's face during the first trial session in May"Bahrain: Activist Bears Signs of Abuse"
Human Rights Watch. 10 May 2011. Retrieved 25 August 2012.
and Hassan Mushaima and Abdulwahab Hussain were seen to have noticeable limps. Bahrain Centre for Human Rights published detailed allegations of the torture allegedly inflicted on the Bahrain Thirteen. On 8 May 2011, the authorities declared that none of the Bahrain Thirteen had been subjected to torture, stating that information from the Military Hospital and the Salmaniya Medical Complex showed that neither hospital had admitted or treated any of the detainees. Rumours of admissions and hospitalization were said to have been fabricated and politically motivated. The
Bahrain Independent Commission of Inquiry The Bahrain Independent Commission of Inquiry (BICI), also known locally in Bahrain as the Bassiouni Commission, was established by the King of Bahrain on 29 June 2011''Bahrain News Agency''" HM King Hamad Sets up Royal Independent Investigation c ...
, established by the King of Bahrain in June 2011, which found that hundreds of detainees had been subjected to torture and other forms of physical and psychological abuse, observed a discernible pattern of mistreatment with regard to 14 political leaders including the Bahrain Thirteen. According to the commission's report, torture at al-Qurain prison, where the Bahrain Thirteen were held, stopped after 10 June.


Trial, conviction, and retrial


Military courts

The Bahrain Thirteen were sent for trial initially by the National Safety Court, a special military court set up in March 2011 to try protesters, opposition leaders, rights activists,
health workers Health has a variety of definitions, which have been used for different purposes over time. In general, it refers to physical and emotional well-being, especially that associated with normal functioning of the human body, absent of disease, pain ...
and other supporters or perceived supporters of the Bahraini uprising. The trial was "one of the most prominent" before the National Safety Court. The first hearing on 8 May 2011 marked the first time the fourteen defendants originally charged had seen their families since their arrest and for some it was the first time they had met with their lawyers. All fourteen denied the charges against them. The two main charges were of "setting up terror groups to topple the royal regime and change the constitution" and of "collaborating with a foreign state", an apparent reference to Iran, and other charges included "insulting the army, inciting hatred, disseminating false information and taking part in rallies without notifying the authorities."
Front Line Defenders Front Line Defenders, or The International Foundation for the Protection of Human Rights Defenders, is an Irish-based human rights organisation founded in Dublin, Republic of Ireland, Ireland in 2001 to protect those who work non-violently to uph ...
and
Human Rights First Human Rights First (formerly known as the Lawyers Committee for International Human Rights) is a nonpartisan, 501(c)(3), international human rights organization based in New York City, Los Angeles and Washington, D.C. Its work centers on four m ...
observers were denied entry to the trial, but a few Bahraini NGO observers were present."Urgent action: Bahraini opposition figures face unfair trail"
12 May 2011. Retrieved 25 August 2012.
According to
Human Rights Watch Human Rights Watch (HRW) is an international non-governmental organization that conducts research and advocacy on human rights. Headquartered in New York City, the group investigates and reports on issues including War crime, war crimes, crim ...
all of the activities with which the fourteen were charged "related to speech and peaceful assembly" and none were criminal offenses. On 22 June, seven of the defendants were sentenced to life imprisonment, four to fifteen years in prison, two to five years and one to two years. After they protested loudly when the sentence was read, they were forcibly removed from the court."21 convicted for anti-government protests in Bahrain"
CNN Cable News Network (CNN) is a multinational news organization operating, most notably, a website and a TV channel headquartered in Atlanta. Founded in 1980 by American media proprietor Ted Turner and Reese Schonfeld as a 24-hour cable ne ...
. 23 June 2011. Retrieved 24 August 2012.
Amnesty International Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says that it has more than ten million members a ...
concluded that an appeal session on 6 September had heard no evidence to support charges. The military appeal court hearing on 28 September took a few minutes before the court upheld all the convictions. In November, the Bahrain Independent Commission of Inquiry asked for a retrial in civilian courts, because they were convicted in military courts.Frank Gardner (4 September 2012)
"Bahrain appeal court upholds activists' convictions"
BBC. Retrieved 4 September 2012.
On 29 January the fourteen began a one-week
hunger strike A hunger strike is a method of non-violent resistance where participants fasting, fast as an act of political protest, usually with the objective of achieving a specific goal, such as a policy change. Hunger strikers that do not take fluids are ...
which was joined, according to rights activist Mohamed al-Maskati, by another 150 prisoners. The object of the hunger strike was to demand an end to the political crackdown, protest against their trials and demand the release of prisoners of conscience."Jailed Bahrain opposition figures on hunger strike"
BBC News. 31 January 2012. Retrieved 26 August 2012.
Abdulhadi al-Khawaja subsequently went on a new 110-day hunger strike. He was transferred to hospital in April as he kept reducing the amount of his glucose intake. On 30 April 2012, the Court of Cassation reduced Al-Hur Yousef al-Somaikh's sentence from two years to six months and he was released as he had already served his sentence. The court also announced that the thirteen other defendants would be retried by a (civilian) criminal court of appeal, but they were not released from prison,"Bahrain activist Abdulhadi al-Khawaja wins retrial"
BBC News. 30 April 2012. Retrieved 26 August 2012.
leading to criticism from the United Nations.


Civilian courts

The first hearing before the High Criminal Court of Appeal, due to take place on 8 May,"Bahrain protest leaders appear in court for retrial"
Reuters. 8 May 2012. Retrieved 26 August 2012.
was postponed to 22 May. Abdulhadi al-Khawaja, on the ninetieth day of his hunger strike, was brought to court in a wheelchair."Urgent action: Opposition activists' appeal hearing begins"
. Amnesty International. 24 May 2012. Retrieved 24 August 2012.
All the defendants pleaded not guilty. Al-Khawaja and Abdulwahab Hussain told of being subjected to torture during the initial weeks of their detention, the former stating that he had been sexually assaulted and the latter that he had been forced to sign a written statement. On 19 June, defence lawyers asked the court to disregard confessions that the BICI report had suggested were obtained by torture but the public prosecutor insisted on their inclusion in the evidence."Bahrain: Reject Confessions Linked to Torture"
Human Rights Watch. 21 June 2012. Retrieved 24 August 2012.
According to Bahrain Centre for Human Rights, these confessions were the sole evidence submitted to the court. During the same session, cleric Mohamed Habib al-Miqdad made a long testimony in which he described alleged torture and renounced his accusation that Nasser Al Khalifa, the son of the king had tortured him in person. The thirteen asked their defense lawyers to stop representing them after the judge decided to continue hearings in secret and subsequently banned media coverage of the case, due to "national security reasons". New lawyers were appointed by court and the judge declared that the final judgment would be given even if the defendants refused to attend. The Court originally expected to give its final verdict on 14 August was attended by a number of foreign diplomats, but the session was deferred until 4 SeptemberSanjeev Bery (21 August 2012)
"Nabeel Rajab: Why Did the U.S. State Department Drag Its Feet?"
Amnesty International. Retrieved 24 August 2012.
with no specific reason given. The verdict was expected to have a significant impact on the course of the uprising and analysts suggested that the government was uncertain how to deal with the defendants who became popular heroes, given that their release was likely to give new impetus to the protest movement. A few days prior to the expected verdict on 4 September, which was also the expected day of the verdict of 28
health workers Health has a variety of definitions, which have been used for different purposes over time. In general, it refers to physical and emotional well-being, especially that associated with normal functioning of the human body, absent of disease, pain ...
and
Zainab al-Khawaja Zainab Abdulhadi al-Khawaja (; born 21 October 1983) is a Bahraini human rights activist, and a participant in the Bahraini uprising. She rose to prominence after posting tweets online about the protests under the name AngryArabiya as well as f ...
, Human Rights First said it could be a "transformative day for human rights" in Bahrain "if the right decisions are made". On 4 September, the appeal court upheld the sentences on all of the Thirteen; who did not attend the session."Bahrain civilian court upholds sentences against uprising leaders"
Reuters (''The Guardian''). 4 September 2012. Retrieved 4 September 2012.

Al Jazeera English. 4 September 2012. Retrieved 4 September 2012.
Analysis said the decision was likely to fuel political tensions and street clashes,
Associated Press (''The New York Times''). 4 September 2012. Retrieved 4 September 2012.
and highlight the low chances of any reconciliation in near future.Simeon Kerr (4 September 2012)

''Financial Times''. Retrieved 4 September 2012.
Witnesses reported that protesters set tires on fire and clashed with security forces in several Shia villages following the verdict and one protester was severely injured by a
stun grenade A stun grenade, also known as a flash grenade, flashbang, thunderflash, or sound bomb, is a Non-lethal weapon, non-lethal explosive device used to temporarily disorient an enemy's senses. Upon detonation, a stun grenade produces Flash blindness, ...
. On 7 January, the Cassation Court, Bahrain's top court upheld the sentences. With the court decision the thirteen defendants (who did not attend the trial) had exhausted their last chance to appeal. The only avenue that remains for their release is a royal pardon.


Reactions


International


Supranational bodies

Catherine Ashton Catherine Margaret Ashton, Baroness Ashton of Upholland (born 20 March 1956) is a Labour Party (UK), British Labour politician who served as the High Representative of the Union for Foreign Affairs and Security Policy and Vice-President of th ...
, the
High Representative The High Representative of the Union for Foreign Affairs and Security Policy/Vice-President of the European Commission (HR/VP) is the chief co-ordinator and representative of the Common Foreign and Security Policy (CFSP) within the European U ...
of European Union said she was "disappointed and concerned" by the sentences. "I am disappointed and concerned at the decision of the Bahraini Court of Appeal to uphold the harsh sentences against Mr Abdulhadi Khawaja and nineteen other individuals," she added. - Abdullatif Al Zayani the secretary-general of Gulf Cooperation Council supported the verdict and affirmed that
judiciary of Bahrain The judiciary of Bahrain is a system of three courts that interpret and apply the laws of the Kingdom of Bahrain. Namely, these three courts are the Civil Courts, Sharia Courts, and Criminal Courts. Civil Courts have jurisdiction to adjudicate all ...
was independent. " urt verdicts have to be respected by all," he added.
Ban Ki-moon Ban Ki-moon (born 13 June 1944) is a South Korean politician and diplomat who served as the eighth secretary-general of the United Nations between 2007 and 2016. Prior to his appointment as secretary-general, Ban was the South Korean minister ...
,
Secretary-General of the United Nations The secretary-general of the United Nations (UNSG or UNSECGEN) is the chief administrative officer of the United Nations and head of the United Nations Secretariat, one of the United Nations System#Six principal organs, six principal organs of ...
, said he was deeply concerned by what he described as "the harsh sentences" and urged the government of Bahrain to allow all defendants to exercise their right to appeal and to act in strict accordance with its international human rights obligations, including the right to due process and a fair trial."Bahrain: Ban voices deep concern at lengthy jail terms handed out to activists"
UN New Centre. 23 June 2012. Retrieved 25 August 2012.
Following 4 September verdict, he expressed his concern and asked government of Bahrain to fulfill implementation of BICI report and to engage in a meaningful dialogue that "addresses the legitimate aspirations of all Bahrainis".
Navi Pillay Navanethem "Navi" Pillay (born 23 September 1941) is a South African jurist who served as the United Nations High Commissioner for Human Rights from 2008 to 2014. A South African of Indian Tamil origin, Pillay was the first non-white woman judg ...
, the United Nations High Commissioner for Human Rights (OHCHR), expressed serious concern at the trials, which bore the marks of "political persecution". She called for an immediate end to trials of civilians in the Court of National Safety and the immediate release of all peaceful demonstrators arrested in connection with the February protest movement."Bahrain trials bear marks of ‘political persecution,’ says UN human rights office"
UN News Centre. 24 June 2011. Retrieved 25 August 2012.
Rupert Colville, spokesperson for
OHCHR The Office of the United Nations High Commissioner for Human Rights (OHCHR) is a department of the United Nations Secretariat that works to promote and protect human rights that are guaranteed under international law and stipulated in the Univers ...
, also referred to the sentences as "harsh" and expressed deep concern over "serious due process irregularities"."Bahrain: UN voices concern at sentences given to medical staff, activists"
UN News Center. 30 September 2011. Retrieved 25 May 2012.
Four
United Nations Special Rapporteur Special rapporteur (or independent expert) is the title given to independent human rights experts whose expertise is called upon by the United Nations (UN) to report or advise on human rights from a thematic or country-specific perspective. De ...
s demanded immediate release of Abdulhadi al-Khawaja.


States

Villy Søvndal Villy Søvndal (born 4 April 1952) is a Danish politician who served as Denmark's Minister for Foreign Affairs from 2011 to 2013. He represented the Socialist People's Party (''Socialistisk Folkeparti'') in Parliament (''Folketinget'') from 1 ...
, Denmark's Foreign Minister said the appeal court sentence was "very disappointing" and that further international action would be taken to secure release of al-Khawaja and "the other human rights and democracy fighters in Bahrain".
Jeppe Kofod Jeppe Sebastian Kofod (born 14 March 1974) is a former Danish politician of the Social Democratic Party who served as Minister of Foreign Affairs of Denmark between 27 June 2019 to 15 December 2022. Kofod previously served as a Member of the Eu ...
, the Foreign policy spokesperson asked the Danish parliament to discuss possible sanctions on Bahrain."Denmark appeals for release of Abdulhadi al-Khawaja"
International Media Support. 4 September 2012. Retrieved 10 July 2024.
Eight parties in the
Danish parliament The Folketing ( , ), also known as the Parliament of Denmark or the Danish Parliament in English, is the unicameral national legislature (parliament) of the Kingdom of Denmark — Denmark proper together with the Faroe Islands and Greenland. E ...
appealed to
king of Bahrain The king of the Kingdom of Bahrain ( ) is the monarch and head of state of the Kingdom of Bahrain. The House of Khalifa has been the ruling family since 1783. Between 1783 and 1971, the Bahraini monarch held the title of hakim, and, from 1971 ...
to release Abdulhadi al-Khawaja and his daughter, Zainab. - A spokesperson for the French Foreign Office said he was especially concerned by the sentence of al-Khawaja and hoped that it will be reviewed on appeal. He affirmed the right of
freedom of expression Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The rights, right to freedom of expression has been r ...
and urged authorities to implement Bahrain Independent Commission of Inquiry's recommendations. - Spokesman of the Foreign Ministry criticized the verdicts saying they would only serve to "complicate the situation even further". "The only solution to the crisis in Bahrain and to restore calm and stability is to respond to the legitimate demands of the population," he added. -
Eamon Gilmore Eamon Gilmore (born 24 April 1955) is an Irish diplomat and former Labour Party politician. He has served as European Union Special Representative for Human Rights since February 2019. He has also been the European Union Special Envoy for th ...
, the
deputy prime minister A deputy prime minister or vice prime minister is, in some countries, a Minister (government), government minister who can take the position of acting prime minister when the prime minister is temporarily absent. The position is often likened to th ...
and
Minister for Foreign Affairs and Trade The Minister for Foreign Affairs and Trade () is a senior minister in the Government of Ireland and leads the Department of Foreign Affairs and Trade. The Minister's office is located at Iveagh House, on St Stephen's Green in Dublin; "Iveagh H ...
criticized the sentence of al-Khawaja and expressed his great concerns. "I have strongly and actively supported international efforts urging the Bahraini government to exercise clemency and to allow his release on humanitarian grounds, particularly in light of clear findings documented by the Bahraini International Commission of Inquiry as to how Mr al-Khawaja was seriously ill-treated following his initial detention," he added.Mary Fitzgerald (5 September 2012)
"Gilmore criticises Bahrain's decision to uphold life term"
''
Irish Times ''The Irish Times'' is an Irish daily broadsheet newspaper and online digital publication. It was launched on 29 March 1859. The editor is Ruadhán Mac Cormaic. It is published every day except Sundays. ''The Irish Times'' is Ireland's leading n ...
''. Retrieved 6 September 2012.
– The
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...
Foreign Office Foreign may refer to: Government * Foreign policy, how a country interacts with other countries * Ministry of Foreign Affairs, in many countries ** Foreign Office, a department of the UK government ** Foreign office and foreign minister * United ...
Minister
Alistair Burt Alistair James Hendrie Burt (born 25 May 1955) is a Conservative British politician who served as Member of Parliament (United Kingdom), Member of Parliament (MP) for North East Bedfordshire from 2001 until 2019. He was previously MP for his nat ...
expressed extreme concerned about the process that surrounded the sentencing of 21 opposition members as well as the nature of many of the charges. He found it deeply worrying that civilians were being tried before tribunals chaired by a military judge, with reports of abuse in detention, lack of access to legal counsel and coerced confessions. Following 4 September sentences, the minister said he was "very disappointed" by the verdict. – The United States expressed its concern at the severity of the sentences handed down to the Bahrain Thirteen."US Criticizes Severity of Bahrain Sentences"
Voice of America. 21 June 2011. Retrieved 26 August 2012.
Barack Obama Barack Hussein Obama II (born August 4, 1961) is an American politician who was the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, he was the first African American president in American history. O ...
said keeping them in jail meant starting a real dialogue was impossible. Although avoiding direct reference to the Thirteen, the US called for the release of "those imprisoned for their political views". A State Department Deputy Spokesman, referring to President Obama's observation that such steps were at odds with the universal rights of Bahrain's citizens, noted that the cases would go through an appeals process and urged the Bahraini government to abide by its commitment to transparent judicial proceedings. Amnesty International criticized the US for its "indifference and soft approach" and urged it to demand the detainees' release instead of engaging in wishful thinking about the appeal process.


Non-governmental organizations

A number of rights groups criticized the sentences.Martin Chulov (22 June 2011)
"Bahrain rights activists jailed for life"
''
The Guardian ''The Guardian'' is a British daily newspaper. It was founded in Manchester in 1821 as ''The Manchester Guardian'' and changed its name in 1959, followed by a move to London. Along with its sister paper, ''The Guardian Weekly'', ''The Guardi ...
''. Retrieved 24 August 2012.
Amnesty International designated the Thirteen
prisoners of conscience A prisoner of conscience (POC) is anyone imprisoned because of their race, sexual orientation, religion, or political views. The term also refers to those who have been imprisoned or persecuted for the nonviolent expression of their conscienti ...
and called for their immediate and unconditional release. It also called for an independent investigation of their allegations of mistreatment and urged that those responsible should be brought to justice, criticizing the Bahraini authorities for what it called a travesty of justice"Bahrain must free prisoners of conscience after 'travesty of justice'"
Amnesty International. 9 August 2012. Retrieved 24 August 2012.
and said sentences were yet another proof that Bahrain was not on the path of reforms. Human Rights Watch demanded the prisoners' immediate release; according to HRW's Middle East and North Africa Deputy Director
Joe Stork Joe Stork (1942 or 1943 – October 23, 2024) was an American political activist who wrote on the Middle East. He became Deputy Director for Middle East and North Africa at Human Rights Watch. Life and career Stork gained an M.A. in International ...
, the military court's original verdict was "absolutely mind-boggling", failing to mention a single actual criminal offense beyond acts relating to the defendants' basic human rights."Bahrain: Free Protest Leaders Immediately"
Human Rights Watch. 30 April 2012. Retrieved 24 August 2012.
Reporters Without Borders Reporters Without Borders (RWB; ; RSF) is an international non-profit and non-governmental organisation, non-governmental organization headquartered in Paris, which focuses on safeguarding the right to freedom of information. It describes its a ...
was shocked by the lengthy sentences and very worried about the physical condition of al-Singace whose release it demanded, along with that of all the other prisoners of conscience. The
Committee to Protect Journalists The Committee to Protect Journalists (CPJ) is an American 501(c)(3) nonprofit organization based in New York City, with correspondents around the world. CPJ promotes press freedom and defends the rights of journalists. The '' American Journalism ...
condemned the sentences and dismissed the charges as political score-settling. The
Arabic Network for Human Rights Information The Arabic Network for Human Rights Information (ANHRI; ) was a non-governmental organization devoted to promoting freedom of expression across the Middle East and North Africa. It was founded in the year 2004. Based in Cairo, Egypt, the organizati ...
condemned the sentences as vindictive. The
International Federation for Human Rights The International Federation for Human Rights (; FIDH) is a non-governmental federation for human rights organizations. Founded in 1922, FIDH is the third oldest international human rights organization worldwide after Anti-Slavery International ...
and the
World Organization Against Torture The World Organisation Against Torture (''Organisation Mondiale Contre la Torture''; OMCT) is the world's largest coalition of non-governmental organisations fighting against arbitrary detention, torture, summary and extrajudicial executions, ...
expressed their "utmost concern" at the sentences and demanded the immediate and unconditional release of the Bahrain Thirteen. Human Rights First criticized what it called a "large political show trial" and declared that the sentences revealed the "travesty" of Bahrain's military courts. Upon reading the appeal sentence, it criticized it and said reform claims were "sham".
English PEN Founded in 1921, English PEN is one of the world's first non-governmental organisations and among the first international bodies advocating for human rights. English PEN was the founding centre of PEN International, a worldwide writers' associa ...
said it was shocked by the lengthy sentence handed down to al-Singace and demanded his release along with all of those imprisoned for peaceful expression of opinion. Jane Kinninmont of
Chatham House The Royal Institute of International Affairs, also known as Chatham House, is a British think tank based in London, England. Its stated mission is "to help governments and societies build a sustainably secure, prosperous, and just world". It ...
said that the government "may be trying to show their strength ahead of a planned dialogue with political societies" and that western pressure is limited due to Saudi support.
Front Line Defenders Front Line Defenders, or The International Foundation for the Protection of Human Rights Defenders, is an Irish-based human rights organisation founded in Dublin, Republic of Ireland, Ireland in 2001 to protect those who work non-violently to uph ...
, whose al-Khawaja was its Middle East Protection Coordinator for three years condemned his sentence and demanded his immediate and unconditional release. Brazilian political cartoonist,
Carlos Latuff Carlos Latuff (born 30 November 1968) is a Brazilian political cartoonist. His work deals with themes such as anti-Western sentiment, anti-capitalism, and opposition to U.S. military intervention in foreign countries. He is best known for his i ...
produced a cartoon labeled "The
Lady Justice Lady Justice () is an allegorical personification of the moral force in judicial systems. Her attributes are scales, a sword and sometimes a blindfold. She often appears as a pair with Prudentia. Lady Justice originates from the personificat ...
of Bahrain" depicting king of Bahrain holding a blood stained sword in a hand and dropping Scales of Justice in the trash with the other.


Domestic

The government of Bahrain said that trials were fair and judiciary independent. "The court provided all assurances of a fair trial through a team of 17 defense attorneys selected by the defendants. The trial was attended by many diplomats of various nationalities ... as well as representatives of human rights and other civil society organizations,"
Information Affairs Authority The Information Affairs Authority (IAA) is Bahrain's ministry of information that was formed in July 2010. The president of IAA is appointed directly by the King of Bahrain and has the rank of a minister (government), minister in the Bahrain go ...
said. Responding to the various international reactions, the Human Rights Affairs Ministry rejected "any intervention by any state or organization"."Respect terror court verdicts!"
''
Gulf Daily News The ''Gulf Daily News'' is an English-language local newspaper published in the Kingdom of Bahrain by Dar Akhbar Al Khaleej. The paper, which is one of six daily newspapers in Bahrain, calls itself "The Voice of Bahrain". History The ''Gulf ...
''. 7 September 2012. Retrieved 7 September 2012.
Government supporters praised the sentences asking for no pardons to be given to the thirteen.
Mohammed Khalid Sheikh Mohammed Khalid Ibrahim (, born 2 November 1964) is a Bahraini Islamist politician and a member of the Al-Menbar Islamic Society in Bahrain. He was an MP in the lower house of the Bahraini parliament, having been elected in the 2002 Bah ...
, a former MP and a hard-line clericAndrew Hammond (4 September 2012)
"Bahrain court upholds sentences on uprising leaders"
Reuters. Retrieved 5 September 2012.
wrote "God is great! God is great!" on Twitter. Many Sunnis (who compromise a substantial minority) support the government and see the Thirteen as dangerous revolutionaries that would destabilize the country should they succeed in toppling the monarchy. Government hardliners and Sunni political groups often call for harsh and no compromise approach, including calling for no pardons and death sentences. To their many supporters (in Bahrain and abroad) however, the Thirteen are heroes and prisoners of conscience jailed unfairly for nothing more than calling for democracy. Their faces appear daily in banners during protests. The prominent human rights activist al-Khawaja family did not welcome the retrial.
Maryam al-Khawaja Maryam Abdulhadi Al-Khawaja (; born 26 June 1987) is a Bahraini-Danish human rights activist. She is the daughter of the Bahraini human rights activist Abdulhadi al-Khawaja and former co-director of the Gulf Center for Human Rights (GCHR). She i ...
considered it "sad news not good news", describing the court as a tool used by the regime against its people."Bahrain: Family of activist Abdulhadi al-Khawaja 'sad' at retrial"
BBC News. 30 April 2012. Retrieved 26 August 2012.
She said she was not shocked by the civil court sentence, as there were "no international consequences and accountability for the Bahrain regime". Al-Khawaja's wife found the decision ridiculous and said that the government was "playing for time". Bahrain Centre for Human Rights maintained that the sentences were based on confessions extracted under torture and the testimony of the alleged torturers."First session of Court of Appeal in the case of the 21 political leaders and activists held under tight security procedures"
Bahrain Centre for Human Rights. 20 May 2012. Retrieved 24 August 2012.
Its head,
Nabeel Rajab Nabeel Rajab (; born 1 September 1964) is a Bahraini human rights activist and opposition figure. He is the president of the Bahrain Centre for Human Rights (BCHR), a member of the Advisory Committee of Human Rights Watch's Middle East Divi ...
, criticized the military trial sentence as unfair and falling short of international standards. Bahrain Youth Society for Human Rights expressed its concern at what it called "violations" against the Bahrain Thirteen. The
Al Wefaq Al-Wefaq National Islamic Society (; ), sometimes shortened to simply Al-Wefaq, was a Shi'a Bahraini political party, that operates clandestinely after being ordered by the highest court in Bahrain to be dissolved and liquidated. Although from ...
political party said that the sentences were hindering efforts at dialogue and damaging the country's international reputation. It rejected the appeal sentence and said they were contradictory to solving the crisis."Bahrain court upholds life sentences for opposition activists"
Associated Press (''The Toronto Star''). 4 September 2012. Retrieved 10 July 2024.
The Bahraini Press Association described the verdict as "unfair and outrageous" and "marred by abuses and violations of all legal and human rights standards". Human rights lawyer Mohamed al-Tajer said the appeal verdict was "shocking" and that " e judge dismissed the appeal". In an op-ed in '' Al Wasat'', Kassim Hussain argued that the most remembered words about the case of Bahrain Thirteen would be Ibrahim Sharif's words: "These oliticaltrials are trials of ideas".


See also

* Bahrain health worker trials * Mahdi Abu Deeb *
Nabeel Rajab Nabeel Rajab (; born 1 September 1964) is a Bahraini human rights activist and opposition figure. He is the president of the Bahrain Centre for Human Rights (BCHR), a member of the Advisory Committee of Human Rights Watch's Middle East Divi ...


References

{{Good article Bahraini uprising of 2011 Amnesty International prisoners of conscience held by Bahrain Human rights abuses in Bahrain Quantified groups of defendants Bahraini prisoners and detainees