June  2005 
Year 11    No.108

Campaign


Tormenting the victim

Woman’s group calls for action against the continuing victimisation of Pakistan’s
gang rape victim, Mukhtaran Mai

Dear friends,

WLUML (Women Living Under Muslim Laws) strongly urges you to take action in support of women’s rights campaigner Ms. Ghada Jamsheer. Ms. Jamsheer is the head of the Women’s Petition Committee (WPC), a network of Bahraini women activists campaigning for the codification of Bahrain’s family laws and the reform of Shariah family courts.

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

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

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 Shariah family court and a former Shariah judge.

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 organisations to intervene urgently and to do whatever necessary.

Ms. Jamsheer has been campaigning for reforming the general prosecution and Shariah 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 concerned with women’s rights and to amend laws which hinder activism and criminalise the practice of basic rights.

Ghada Yusuf Jamsheer, a Bahraini businesswoman, 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 Shariah family courts, and calling for urgent need to appoint qualified Shariah 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 organised protests and vigils in support of reforms of Shariah 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 June 4, 2005. The trial has been rescheduled for July 1, 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 criticised publicly the Shariah judges in Bahrain as "Corrupted, Personalised and Unqualified" through a publication distributed to the public;

2. She has criticised a judge of the higher Shariah court, named Jassim Mutlaq Al Thawadi, for his rudeness and not being fair during practising his duties;

3. She abused the above-mentioned Shariah 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 should be penalised according to Article Nos. 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 Shariah judges for abusive language with reference made to Article Nos. 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, June 15, 2005.

The third case

Case No. 3938/2044 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 Article Nos. 2/92 and 2/1/365 of the penal law. Litigation date will be on June 19, 2005 before the primary first penal court.

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

Women Living Under Muslim Laws International Solidarity Network
Email: [email protected]
Website: http://www.wluml.org
 

 

 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 WPC in relation to family laws in Bahrain, and responds to WPC demands for the codification of family laws and the reform of Shariah family courts.

4. The government should amend the laws which criminalise and suppress public criticism and opinion.

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 Women’s Petition Committee (WPC), accusing her of foul language, abusing a Shariah family court and a former Shariah judge.

We believe that the concerns voiced by Ms. Jamsheer and by the WPC 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 recognise 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 cases against her withdrawn immediately. We also urge you to amend laws which criminalise and suppress public criticism and opinions.

We further urge you to address the concerns of WPC in relation to family laws in Bahrain, and accept demands for the reform of Shariah 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

 


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