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Bahrain: Take action in support of Ghada Jamsheer and defenders of human and women's rights

12/06/05: WLUML has received an urgent request from The Bahrain Centre for Human Rights (BCHR) calling for support for women's rights campaigner Ms. Ghada Jamsheer.

Dear friends,

WLUML strongly urges you to take action in support of women’s rights campaigner Ms. Ghada Jamsheer. Ms. Jamsheer is the head of the Committee of Women’s Petition (CWP), a network of Bahraini women activists campaigning for the codification of Bahrain’s family laws and the reform of Shari’a Family Courts.

Ms. Jamsheer faces three trials for publicly criticizing family court judges and, if convicted, faces up to 15 years in prison. The trials are scheduled for 15 and 19 June and 2 July 2005.

It is therefore vital that you respond immediately to this urgent call for action.

There are many recent cases where the authorities have used restrictive laws, such as the Penal Code 1976 and Law on the Press 2002, to suppress public criticism by bringing human rights activists and journalists before the courts.

Ms. Jamsheer is accused of slander, calling family court judges in Bahrain “corrupt, biased, and unqualified” and calling a specific judge “rude and unfair.” She is also being criminally prosecuted by the ex-husband of a divorced woman whose case was adopted by the CWP.

The criminal charges against Ms. Jamsheer are an effort by the authorities to put pressure on activists and NGOs to cease or reduce their activities. The taking of such legal action is a reversal of the political and constitutional reforms currently taking place in Bahrain, and is an attempt to prevent the establishment of political, social and civil rights for Bahraini women.

We urge you to act to ensure that Ms. Jamsheer, NGOs and activists can continue to make their positive contribution to the promotion and protection of women’s rights and human rights, and to the overall development of Bahraini society.

It is WLUML’s view that this is one more example of a global trend to control progressive groups and voices.

In solidarity,

Women Living Under Muslim Laws
International Coordination Office

WHAT YOU CAN DO

Send urgent letters to the Bahraini authorities demanding that:

1) They drop all charges against Ms. Jamsheer.
2) The government stops putting pressure on all of those who call for the protection of women’s rights and human rights. Such pressure must not be used as an excuse to silence progressive voices and those who seek to reveal the realities of women’s status in Bahrain.
3) The government addresses the concerns of CWP in relation to family laws in Bahrain, and responds to CWP demands for the codification of family laws and the reform of Shari’a Family Courts.
4) The government should amend the laws which criminalize and suppress public criticism and opinion.

A sample letter and addresses of officials to be contacted follow below.

Sample letter

Your Excellency/ Your Majesty/ Sir…

We are writing to express our deep concern about the three criminal charges made against women's rights campaigner Ms. Ghada Yusuf Jamsheer, the head of the Committee of Women's Petition Committee (WPC), accusing her of foul language, abusing a shari'a family court and a former shari'a judge.

We believe that the concerns voiced by Ms. Jamsheer and by the CWP regarding family laws in Bahrain should be debated within the community and addressed by the Bahraini government. We are confident that any opinions expressed were in the spirit of constructive dialogue with the aim of enhancing the principles of democracy, equality and justice in Bahrain.

The legal action against Ms. Jamsheer is a reversal of the positive political and constitutional reforms currently taking place in Bahrain, and is an attempt to prevent the establishment of political, social and civil rights for Bahraini women.

We are concerned that the legal action against Ms. Jamsheer will silence women’s voices and discourage their participation in the debate around family laws in Bahrain. This will weaken the women’s reform movement and also put psychological and legal pressure on all people who call for the protection of women’s rights, human rights and freedom of expression. The legal actions against Ms. Jamsheer are violations of the freedom of expression and will prevent much needed debates in Bahraini society. They are also obstacles to the contribution of women towards the building of a better society.

We are confident that you will use your authority to recognize and support women’s participation in a public debate about issues which affect all Bahraini citizens. We therefore urge you to use your authority to have the case against her withdrawn immediately. We also urge you to amend laws which criminalize and suppress public criticism and opinions.

We further urge you to address the concerns of CWP in relation to family laws in Bahrain, and accept demands for the reform of Shari’a Family Courts and the codification of family law based on principles of equality and justice for all Bahraini citizens.

Thank you for your attention to this important issue.

Yours sincerely,

ADDRESS YOUR LETTERS TO

The Embassy of Bahrain in your country
http://www.helplinedatabase.com/embassy-database/country-in-other-countries/bahrain.html

The Royal Council
His Majesty the King, Sheikh Hamad bin Isa Al Khalifa, King of Bahrain
Fax: +973-17664587

Crown Prince Council
Sheikh Salman bin Hamad bin Isa Al-Khalifa, Crown Prince of Bahrain
Fax: +973-17664587

Vice-President of the Supreme Council for Justice
Sheikh Khalifa Rashed Al-Khalifa
Fax: +973-17535852

Minister of Justice
Mr. Mohammed Ali Al Sitri
Fax: +973-17531284

The Head of the Council of Ministers
His Highness Sheikh Khalifa Bin Salman Al Khalifa
Fax: +973-17211363

Please send copies of your letters/messages to
wluml@wluml.org

BACKGROUND

Bahrain: A women's rights activist faces trial and imprisonment


3/06/2005: The Bahrain Centre for Human Rights (BCHR) is concerned about three criminal charges made against women's rights campaigner Ms. Ghada Yusuf Jamsheer, accusing her of foul language, abusing a shari'ah family court and a former shari'a judge. (The Bahrain Centre for Human Rights)

According to restrictive laws, Ms. Jamsheer could face a sentence of up to 15 years imprisonment. She will face three trials in June and July 2005. BCHR appeals to national and international organizations to intervene urgently and to do whatever neccesary.

Ms. Jamsheer has been campaigning for reforming the General Prosecution and shari'ah family Courts. There are many recent cases where the authorities used restrictive laws, such as the Penal Code of 1976 and Law on the press of 2002, to bring activists and journalists before the courts. BCHR states that another of their concerns is that the General Prosecution and the judiciary in Bahrain are far from independent.

Hence, BCHR considers the criminal charges against Ms. Jamsheer as related to freedom of expression and peaceful activities, and an effort by the authorities to keep pressure on Ms. Jamsheer to cease her activities. The BCHR Appeals to drop all charges against Ms. Jamsheer, to decrease pressure on activists concerning women rights and to amend laws which hinder activism and criminalize the practice of basic rights.
Ghada Yusif Jamsheer is a Bahraini business woman, aged 38, lives in Muharraq. She is the president of Women's Petition Committee (WPC) which has been debating complaints and cases violating the rights and dignity of women in the shari'a family courts, and calling for urgent need to appoint qualified shari'a Court Judges. She is also the president of the Bahrain Social Partnership for Combating Violence Against Women which is under the supervision of Amnesty International.

For the last four years, Ms. Jamsheer has continuously organized protests and vigils in support of reforms of shari'a family jurisdiction in Bahrain. A call by Ms. Jamsheer to dismiss the General Prosecutor Sheikh A. Rahman Bin Jabr Al Khalifa, who was the head of the abolished State Security Court, could be the real reason behind the current cases. The call was declared in a statement issued when Women's Petition Committee (WPC) members and supporters gathered outside the Justice Ministry in a show of solidarity against discrimination.

The First Case

The General Prosecution has forwarded Case 8610/2005 to the higher penal Court and allocated a hearing commencing 4 June 2005. The trial has been rescheduled for 1 July 2005. The General Prosecution charged Ms. Jamsheer for committing criminal acts during the period commencing from October 2002 to June 2003 as follows:

1) She has criticized publicly the shari'a judges in Bahrain as "Corrupted, Personalized and Un-Qualified" through a publication distributed to the Public;
2) She has criticized a judge of the higher shari'a Court, named Jassim Mutlaq Al Thawadi, for his rudeness and not being fair during practicing his duties;
3) She abused the above mentioned shari'a Judge, during his practices of his task, by using abusive language as per records of documentation.

Accordingly, the General Prosecution decided that Ms. Jamsheer has committed a crime which is should be penalized according to articles No 2/76, 3-1/92, 107/item 1, 216, 222/1, 365/1, 3-1/366 of the Penal Code and article 70/B from Law decree No 47 for the year 2002 on Press and Publishing.

The Second Case

Case No. 1793/2005 was raised against Ghada Jamsheer by one of the shari'a Judges for abusive language with reference made to articles No 2/92 and 2/1/365 of the Penal Law in front of the Primary Penal fifth Court. A session for litigation has been appointed for the forthcoming date 15th June 2005.

The Third Case

Case No. 3938/2044 which was raised against Ghada Jamsheer through the General Prosecution by an ex-husband of a divorced woman whose case was adopted by the Women's Petition Committee (WPC) headed by Ms. Jamsheer. Criminal charges were based on articles No 2/92 and 2/1/365 of the Penal Law. Litigation date will be on 19th of June 2005 in front of Primary First Penal Court.

Furthermore, an older case which was raised by eight of shari'a court judges against a group of journalists and activists including Ghada Jamsheer is still pending.

Bahrain: Trial of women's activist 'unfair'

9/06/2005: Women's Petition Committee members have condemned a series of cases filed against their leader Ghada Jamsheer for allegedly defaming three Sharia judges. (Gulf Daily News)

A statement said that the actions taken against her are unjust and aimed at silencing activities which promote the rights of women, children and families in Bahrain.

The committee stated that she was working to expose failures in the court system, which governs family issues and should not be victimised for doing so.

Ms Jamsheer said in court that she was being victimised by the Public Prosecution because she called for its head Shaikh Abdul Rahman bin Jaber Al Khalifa to resign.

The judge adjourned the first hearing until July 2 to allow both sides to gather evidence, but Ms Jamsheer's team of lawyers are trying to get the case transferred to a lower court.

The charges against her have also been condemned by Human Rights Watch and the Arab Programme for Human Rights Activists, both of which called for them to be dropped.

Ms Jamsheer heads the Women's Petition Committee, a network of activists demanding the codification of Bahrain's family laws and the reform of its family courts.


In April 2003, the organisation collected 1,700 signatures on a petition demanding legislative and judicial reform of these courts.

For the past four years, Ms Jamsheer has organised protests, vigils and a hunger strike in an effort to draw attention to the suffering of women in the existing family court system.

Two separate Sharia family courts exist for Sunni and Shia Muslims in Bahrain. These courts hear personal status cases, including marriage, divorce, custody and inheritance cases. There are no written personal status laws in Bahrain.
--ends--



Women Living Under Muslim Laws international solidarity network
Email: wluml@wluml.org
Website: http://www.wluml.org

 


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