Antécédents de l'affaire: Saed Jadad
Le 26 août 2016, Saed Jadad a été libéré de prison après avoir purgé sa peine d'un an de prison.
Saed Jadad est un éminent militant et blogueur dans le domaine des droits humains qui a organisé plusieurs manifestations à Dhofar, dans le sud-d'Oman. En 2011, le défenseur des droits humains a appelé à une réforme du gouvernement et a exhorté le Sultan Qaboos à étendre l'assemblée consultative omanaise. M. Jadad documente les violations des droits humains à Oman et il critique le respect du gouvernement envers les droits humains sur les réseaux sociaux et dans des articles publiés dans la presse. Il est officiellement interdit de publier dans la presse omanaise, notamment dans Al Zaman et Ruaya, des journaux auxquels il contribuait.
Front Line Defenders est préoccupée par la détérioration de la santé du défenseur des droits humains M. Saed Jadad, condamné à un an de prison en novembre 2015. Le défenseur souffre de graves douleurs du cœur et de fatigue, liées à un problème cardiaque, pour lequel les autorités pénitentiaires ne lui ont pas fourni de soins médicaux adaptés.
Le 17 avril 2016, la santé de Saed Jadad s'est considérablement dégradée alors qu'il est incarcéré dans la prison centrale d'Arzat, dans l'ouest de Salalah. Les autorités de la prison ont initialement refusé de transférer le défenseur à l'hôpital, malgré l'urgence et la gravité de son état. Deux jours plus tard, le 19 avril, les autorités pénitentiaires ont fini par accepter de conduire Saed Jadad aux urgences. À l'hôpital, un médecin généraliste a recommandé que le défenseur soit examiné par un spécialiste en cardiologie. Cependant, une heure plus tard, le défenseur a été reconduit à la prison d'Arzat.
En novembre 2015, Saed Jadad a été arrêté par les forces de sécurité lors d'une perquisition de son domicile, avant d'être conduit dans la prison Arzat. Il a été placé en détention après que la cour d'appel de Salalah a confirmé la peine d'un an de prison et une amende de 1000 rials omanais le 18 novembre 2015. Le défenseur des droits humains est accusé d'avoir "utilisé un réseau d'information dans le but de diffuser des documents qui pourraient nuire à l'ordre public", après un message posté sur son blog, dans lequel il comparait les manifestations de 2014 à Hong Kong et les manifestations de 2011 à Dhofar.
Dans une affaire distincte, en septembre 2015, la Cour d'appel de Mascate a confirmé une peine de trois ans de prison avec sursis et une amende de 2000 rials omanais. Saed Jadad est accusé d'avoir "minimisé le prestige de l'État", d'avoir "incité à manifester" et d'avoir "utilisé les réseaux sociaux pour diffuser des informations qui violent le caractère sacré de l'ordre public", suite à une lettre ouverte qu'il a adressée au Président américain Barack Obama en 2013, à propos des violations des droits humains à Oman. Le 8 mars 2015, le tribunal de première instance a ordonné que Saed Jadad purge les trois peines susmentionnées simultanément et qu'il paye une amende totale de 1700 rials omanais.
Front Line Defenders est profondément préoccupée par la santé du défenseur des droits humains Saed Jadad ainsi que par l'accès limité et retardé aux soins.
Front Line Defenders exhorte les autorités d'Oman à:
1. Garantir immédiatement des soins médicaux spéciaux et que son traitement en prison corresponde à toutes les conditions établies dans les « Principes fondamentaux relatifs à la Protection de Toute Personne contre Toute Forme de Détention ou Emprisonnement » adoptés par l'Assemblée Générale dans sa résolution 43/173 du 9 décembre 1988 ;
2. Infirmer la peine prononcée contre Saed Jadad et le libérer, car Front Line Defenders pense que sa condamnation est uniquement motivée par son travail légitime et pacifique en faveur des droits humains;
3. Garantir qu’en toutes circonstances, tous-tes les défenseur-ses des droits humains à Oman puissent mener à bien leurs actions légitimes en faveur des droits humains, sans craindre ni restrictions ni représailles.
On 25 November 2015 human rights defender Mr Saed Jadad was arrested after security forces raided his home, and taken to Arzat prison in the city of Salalah.
His detention occurred after the Court of Appeal in Salalah upheld the sentence of one year's imprisonment and a fine of 1000 Omani Rials (approximately €2455) on 18 November 2015.
The human rights defender received the one year sentence and fine from the Court of First Instance on 31 March 2015. He was charged with “the use of an information network (internet) in the dissemination of material that would prejudice public order”.
Front Line Defenders wishes to bring your attention to the conviction and detention of human rights defender Mr Saed Jadad in connection with his peaceful and legitimate activities in the promotion and protection of human rights.
Mr Jadad is a human rights defender and blogger who works mainly in the Dhofar region. His work includes documenting human rights violations, as well as writing blog posts highlighting current human rights violations in Oman.
Mr Jadad is now serving a total of four years imprisonment in connection with convictions from two separate cases. On 8 March 2015, the Court of First Instance in Muscat sentenced Mr Jadad to three years' imprisonment and a fine amounting to 1,700 Omani Rial (approximately €4,072) on charges relating to undermining the prestige of the state, inciting the public to join an illegal gathering, and publishing material that disturbs the public order via the internet. Additionally, on 17 March 2015, Mr Jadad appeared before the court of First Instance in Salalah, on a charge relating to the Cyber Crimes Law. He was sentenced on 31 March 2015 to one year's imprisonment and fined 1,000 Omani Rials (approximately €2412). Mr Jadad has been in detention since his arrest on 21 January 2015.
Mr Jadad has been harassed by the authorities on several occasions. On 22 December 2014, the human rights defender was released on bail after being held in an undisclosed location for 12 days. He was charged with undermining the status and prestige of the state, accusations that are reportedly related to Mr Jadad's call for social and political reform during a meeting with members of the European Parliament in 2013. Mr Jadad had been arrested on 10 December 2014 by plain-clothed members of the security forces on the street in Oqad region in the city of Salalah. Members of the security forces accompanied him to his residence in order to search it, and confiscated his laptop and mobile phone. Previously, on 31 October 2014, Mr Jadad was prevented from travelling on a flight to Doha while on route to Istanbul. He was stopped by a plain-clothed security agent and informed that a travel ban had been issued against him in July 2014. Mr Jadad has also been officially banned from publishing in the Omani media, including in newspapers which he used to contribute to, such as Al Zaman and Ru’aya.
Front Line Defenders expresses concern at the sentencing of Mr Jadad, which it believes to be solely related to the human rights defender's legitimate exercise of the right of freedom of expression and his human rights work. We are also concerned for the deterioration of Mr Jadad's health. Front Line Defenders respectfully reminds you that the United Nations Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, adopted by consensus by the UN General Assembly on 9 December 1998, recognises the legitimacy of the activities of human rights defenders, their right to freedom of association and to carry out their activities without fear of reprisals. We would particularly draw your attention to Article 6 (b): “Everyone has the right, individually and in association with others: (b) As provided for in human rights and other applicable international instruments, freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms,” and to Article 12 (2): “The State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration.” In the last Universal Periodic Review in early 2011, Oman declared its commitment to ensure a safe and effective working environment for human rights defenders and enhance freedom of expression, association and assembly.
We would request that you take measures to put an end to the detention of Mr Saed Jadad and guarantee that all human rights defenders in Oman are able to carry out their legitimate human rights activities without fear of reprisals and free of all undue restrictions.
On 8 March 2015, the Court of First Instance in Muscat sentenced Mr Saed Jadad to three years' imprisonment and a fine amounting to 1,700 Omani Rial (approximately €4,072) on charges relating to "undermining the prestige of the state", inciting the public to join an illegal gathering and publishing material that disturbs the public order via the internet. The court set a bail of 2,000 Omani Rial (approximately €4791) for his release pending appeal.
The court decided to merge three sentences issued against the human rights defender, and only implement the most severe punishment which is three years' imprisonment with the payment of all fines. Saed Jadad was originally sentenced to three years' imprisonment and a fine of 500 Omani Rial (approximately €1200) after he was convicted on charges of “undermining the prestige of the state.” In addition, the human rights defender was sentenced to a year's imprisonment and a fine of 200 Omani Rial (approximately €480) on charges of incitement to “illegal gathering”. Finally, he was sentenced to three years' imprisonment and a fine of 1000 Omani Rial (approximately €2400) after being convicted of “using information networks to disseminate news that would prejudice public order.”
On 27 January 2015, human rights defender Mr Saed Jadad was transferred from the Military Hospital in Salalah to Muscat to attend his first hearing in his trial before the Court of First Instance in Muscat on charges including "undermining the prestige of the state". The human rights defender has been on hunger strike since his arrest on 21 January 2015.
The human rights defender is currently being detained at the Special division of the Omani Police in Mascat.
On 21 January 2015, human rights defender Mr Saed Jadad was arrested and placed in incommunicado detention. Reportedly, no warrant was provided at the time of the arrest. His whereabouts remain unknown, although his family has been informed that he will not be released pending the conclusion of the trial against him, which relates to his blogging activities. There is concern about his health conditions, since he had declared that he would enter a hunger strike and stop taking medications should he be arrested.
The human rights defender was arrested when at least 20 members of the security forces raided his house in Salalah city, in the southern province of Dhofar. Two days prior to the arrest, on 19 January 2015, Saed Jadad was summoned by the Chief Public Prosecutor in Salalah to appear before the Court of First Instance in Muscat on 25 January 2015. In a statement posted on Saed Jadad's Facebook page on 20 January 2015, the human rights defender declared a boycott of his trial, which he described as “politically motivated”, “operating under directives of vengeance” and failing to respect human rights. Fearing his imminent arrest, he stated that he would begin a hunger strike and stop taking medication to treat his heart condition if arrested.
On 10 December 2014, International Human Rights Day, at approximately 9:00 p.m., human rights defender Mr Saed Jadad was arrested by a group of uniformed and plain-clothed members of the security forces while in the street in Oqad region in the city of Salalah in the province of Dhofar. He was arrested approximately 10 minutes after he left his residence, which is located in the same area.
Following his arrest, the security forces accompanied him to his residence where three police and military vehicles parked in front of his house. Members of the security forces searched his residence and confiscated his laptop and mobile phone. Following the search, the human rights defender was taken to an undisclosed location. The following day, his family went to the police station in Salalah to enquire about his arrest but no information was provided to them and his whereabouts remain unknown. Reportedly, the security forces did not have a warrant for his arrest and no official charges have been brought against him.
On 31 October 2014 human rights defender Mr Saed Jadad was not permitted to travel on a flight to Doha while on route to Istanbul. He was stopped by a plain-clothed security agent and was informed that a travel ban was issued for him in July 2014.
However, he had not previously been made aware of the ban. Saed Jadad was informed that the Public Prosecutor had made the decision to issue the travel ban.
On 4 July 2013, prominent Omani human rights activist and blogger Mr Said Jadad was released from detention on a bail of 600 Omani Riyals (approx $1500). He is currently awaiting trial, facing charges of resisting arrest and obstruction of justice. The human rights defender had been arrested on the morning of 4 July when police and anti-riot forces raided his family farm with no arrest warrant.
He had been held for 8 hours with 18 other prisoners, in conditions that are not in compliance with minimum standards of humane detention. These unsanitary and difficult conditions are particularly serious given Said Jadad's health conditions, which include high blood pressure, heart and back problems. During this and previous periods of detention, he was denied appropriate medical care and access to a lawyer.
This occurred most recently in January 2013 when he was detained without a warrant or charges, and was later released.
On 4 July 2013, human rights defender and blogger Mr Said Jadad was arrested from his farmland residence in the Dhofar region by Police and Anti-Riot forces, and taken to the police station of Salala province, where he is currently detained.
On the morning of 4 July 2013, approximately 15 officers from the Police and Anti-Riot division raided the farm where Said Jadad lives with his family, and arbitrarily arrested the human rights defender. No arrest warrant was produced at the time of the arrest. Said Jadad has not been given access to a lawyer nor charged with any criminal offence.
Said Jadad has previously faced interrogation sessions with the police, and on each occasion he was asked to sign a pledge to cease working in the field of human rights, which he rejected. In January 2013, Said Jadad was arbitrarily arrested after being requested to present himself to the police, and was later released without any charges. In February 2011, the human rights defender was summoned by the authorities in Dhofar, who proceeded to threaten him regarding his contact with international non-governmental organisations. Said Jadad has also been officially banned from publishing in the Omani media, including in newspapers which he used to contribute to, such as Al Zaman and Ru’aya.
During previous detentions, the human rights defender was denied medical attention to serious health issues, including heart and back problems, and high blood pressure. The unsanitary conditions of the prison cells where he was held exasperated his health problems.
On 22 January 2013, human rights defender Mr Said Jadad was released from the General Prosecution Office without any formal charges. He had been in detention since 14 January 2013.
On 14 January 2013, human rights defender and blogger Mr Said Jadad was arbitrarily arrested by the Special Division of Muscat Police Station, where he is currently being detained.
During the morning of 14 January, Said Jadad received a call from the Special Division of Muscat Police Station, requesting that he present himself to the Station. No legal basis was provided for this request. Upon his arrival, the human rights defender was arrested and detained. He has been denied visitation rights and access to a lawyer, while no formal charges have yet been presented. Furthermore, Said Jadad, who reportedly suffers from heart problems, has not been provided with medical attention.
Said Jadad has previously faced interrogation sessions with the police, on each occasion he has been asked to sign a pledge to cease working in the field of human rights, which he has rejected.
In February 2011, the human rights defender was summoned by the authorities in Dhofar, who proceeded to threaten him regarding his contact with international non-governmental organisations. Said Jadad has also been officially banned from publishing in the Omani media, including in newspapers which he has contributed to, such as Al Zaman and Ru'aya.