Case History: Naji Fateel

On 9 August 2020, human rights defender Naji Fateel began an open-ended hunger strike to protest conditions in Bahraini prisons, including the ill-treatment of prisoners and the denial of their rights to practice their religion.

Naji Fateel is a Bahraini human rights defender and member of the Board of Directors of the Bahraini human rights NGO Bahrain Youth Society for Human Rights (BYSHR). Since 2007, he has been imprisoned, tortured and was the target of death threats during the Bahraini uprising starting in February 2011. Naji Fateel has been detained in Jaw prison since 2013, and is currently facing a 15 year sentence on charges of “establishment of a group for the purpose of disabling the constitution” under Article 6 of the controversial Terrorism Act.

On 9 August 2020, Naji Fateel began an open-ended hunger strike, explaining in a voice note that it was to protest the poor living conditions in Bahraini prisons, including insufficient health care and a ban on prisoners practising their religious rites. Following the announcement of his hunger strike, the defender’s family and lawyer believe he was transferred to solitary confinement, as they have not heard from him since.

Naji Fateel has frequently been subjected to ill-treatment in prison and this is not the first time that he has gone on hunger strike in protest against the ill-treatment. In August 2019, the defender went on hunger strike to protest the treatment he had been facing in Jaw prison, and in September 2019, was transferred to solitary confinement and all family visits were banned.

Front Line Defenders is deeply concerned regarding the condition and well-being of human rights defender Naji Fateel, and condemns the ill-treatment and denial of his religious rites. Front Line Defenders urges the Bahrani authorities to immediately release Naji Fateel, as he is being detained solely as a result of his peaceful and legitimate human rights activities.

23 March 2015 marks the 13th day since human rights defender Mr Naji Fateel, detained in Jaw prison, has been held incommunicado. Authorities have refused to allow the human rights defender's family to visit or contact him and did not provide any information on when contact may be resumed, stating that he is being punished.

Reportedly, on 10 March 2015, Bahraini security forces attacked prisoners at Jaw Prison using rubber bullets, tear gas, and shotgun pellets. The incident allegedly started when the family of a detainee protested after being denied permission to visit the person. According to a witness, Naji Fateel was held in the same building where the clashes occurred, but was not involved in the events. However, shortly after the incident, an officer ordered that several individuals be taken to Building 10, including Naji Fateel.

The human rights defender had a sentence of 15 years' imprisonment upheld against him by the Appeals Court of Bahrain on 29 May 2014. The human rights defender had been convicted of establishing “a group for the purpose of disabling the constitution” under Article 6 of the controversial Terrorism Act. Front Line Defenders sent an observer to his first instance trial, which fell short of fair due process guarantees. At the time of his arrest on 2 May 2013, Naji Fateel was held incommunicado for three days and reportedly subjected to torture.

November 15, 2013. While the appeals trial of human right defender Naji Fateel is due to start on November 18, 2013, a group of human rights NGOs regrets the lack of cooperation by Bahraini authorities to allow access to the country for a trial observation. The Arabic Network for Human Rights Information (ANHRI), the Cairo Institute for Human Rights Studies (CIHRS), Front Line Defenders, the Gulf Center for Human Rights (GCHR), and the Observatory for the Protection of Human Rights Defenders (a joint programme of the International Federation for Human Rights - FIDH and the World Organisation Against Torture - OMCT), with support from IFEX, had mandated a lawyer to observe the trial of the human right defender, but their request to facilitate entry to the country remains unanswered several days before the hearing.

Naji Fateel, co-founder of the Bahrain Youth Society for Human Rights (BYSHR) and a blogger, was sentenced on September 29, 2013 to 15 years in prison for “the establishment of a group for the purpose of disabling the constitution” under Article 6 of the Terrorism Act.

On October 8, 2013, a few days after the date of the hearing was made public, IFEX wrote on behalf of the group to the Ministry of Human Rights and Social Development to facilitate entry to Bahrain for a lawyer appointed as trial observer by the group of international organisations. Twelve days later, the Director in charge of Human Rights replied that “the Ministry is currently updating its entrance procedures and at this time we will not be able to facilitate the entry of your representative”. One day later, IFEX requested clarifications in order to be able to plan future trial observations. Such request remains unanswered to date.

Our organisations recall that Naji Fateel was arrested without warrant by security men in civilian clothes at his home in the village of Bani-Jamra at dawn of May 2, 2013 and held incommunicado for three days, during which time it is reported that he was severely tortured at the Criminal Investigation Directorate. He was taken to the Ministry of Interior hospital twice for treatment due to the torture.

Previously, Naji Fateel had been arrested on February 14, 2012 while he was participating in a peaceful march toward the Pearl Roundabout area, the now restricted centre of the 2011 protests for rights and democracy. He was also detained between December 2007 and April 2009, a period during which he was reportedly tortured. On May 22, 2013, Naji Fateel was sentenced to six months’ imprisonment on charges of “attending illegal gatherings”.

The co-signed organisations denounce this obstacle to observing the trial, which manifestly aims to hinder their human rights activities and impedes Naji Fateel's right to a fair trial. They further call upon the Bahraini authorities to guarantee in all circumstances the right to freedom of movement to both local and international human rights defenders in Bahrain as enshrined by Article 13 of the Universal Declaration of Human Rights, as well as the 1998 United Nations Declaration on Human Rights Defenders.

We collectively and strongly call on the Government of Bahrain to meet its international obligations and grant immediate and unconditional access to Bahrain for international human rights observers and journalists.

Our organisations also call upon the Government of Bahrain to put an end to the judicial harassment against Naji Fateel, and to release him immediately and unconditionally as his detention is arbitrary since it only aims at sanctioning his human rights activities.

Observers representing Front Line Defenders at the trial of Bahraini human rights defender and blogger Mr Naji Fateel, on 25 July 2013, have condemned the trial for its failure to meet internationally accepted legal standards and due process guarantees.

Naji Fateel was not allowed to appear before the court during the hearing and it is believed that this is a result of his public allegations that he had been tortured during his detention. On 11 June 2013, during a separate trial, Naji Fateel rejected the charges of establishment of a group for the purpose of disabling the constitution, and declared before the court that he had been tortured. Front Line Defenders published photographs corroborating Naji Fateel’s account of torture.

Observers attending the trial reported that other detainees also showed signs of physical injuries.

Following Naji Fateel’s original arrest on 2 May 2013, he was held incommunicado for three days, during which time it is reported that he was tortured. Approximately four weeks later, he was sentenced to 6 months in prison on charges of attending illegal gatherings. These charges were dropped, and he is currently facing charges accusing him of the establishment of a group for the purpose of disabling the constitution, under article 6 of the controversial Terrorism Act.

The lawyers representing Naji Fateel have requested that the judges be disqualified from hearing the human rights defender's trial, on the grounds of bias. The claim is made on the basis that the judge is a member of the royal family, and not impartial. The defence has also communicated to the Supreme Judicial Council that the trial proceedings fall short of the minimum standards of fair trials.

On 22 May 2010, Bahraini courts sentenced, in separate proceedings, human rights defenders Ms  Zainab Al-Khawaja and Mr Naji Fateel.

Naji Fateel was sentenced to six months imprisonment on charges of attending illegal gatherings. He had initially been charged with the establishment of a group for the purpose of disabling the constitution under article 6 of the controversial Terrorism Act. The human rights defender was arrested on 2 May 2013 and held incommunicado for three days, during which time it is reported that he was tortured.

Naji Fateel is a board member of the Bahrain Youth Society for Human Rights (BYSHR), and a blogger who has been active in reporting human rights violations in Bahrain. For more information on his arrest and trial, please see the urgent appeal and subsequent update issued on 2 May 2013 and 10 May 2013.

On 2 May 2013 at dawn, police arrested human rights defender Mr Naji Fateel at his home in the village of Bani Jamra in north-west Bahrain. He is being held without formal charges at a location which is still unknown.

Naji Fateel has previously been arrested on charges of illegal assembly and taking part in a demonstration unauthorised by Bahraini officials. The demonstration was an exercise of the right to peaceful assembly. On this occasion the human rights defender was interrogated and tortured whilst in detention. Front Line Defenders issued an urgent appeal on his behalf on 16 February 2012. He was released on bail on 17 April 2012. Naji Fateel's home has been raided on several occasions last year as part of a crackdown on pro-democracy protesters. He has also been subjected to death threats on account of his work in defence of human rights.

On 21 March 2012, the Bahraini public prosecution brought new charges against human rights defender Mr Naji Fateel who has been in detention since 14 February 2012.

Among the charges brought against him are the charges of “planning and executing an illegal assembly” and “rioting” in the area of Beni Jamra on 24 January 2012. Naji Fateel is a board member of the Bahrain Youth Society for Human Rights and attended the Front Line Defenders 2010 Dublin Platform.

As a result of these new charges his detention has been extended by one week and he is now expected to appear before a court on 30 March in relation to the charges. The new charges seem to have been brought against him as a way of keeping him in detention for as long as possible so that he can not continue his human rights activities.

On 14 February 2012, Naji Fateel, was arrested by a group of masked men in plain-clothes as he was taking part in a peaceful demonstration to protest against human rights violations in Bahrain. Other human rights defenders arrested with him on 14 February have been released.

According to information received by Front Line Defenders Naji Fateel has been ill-treated while held in detention including being verbally abused for belonging to the Shi'a majority in the country, and being denied access to food and other items brought to him in prison by his family. He is held in harsh conditions in the Dry Dock detention centre in an overcrowded cell, along with other prisoners held for serious criminal offences. The toilets are said to be in poor repair and there is no access to hot water, and food and drinking water are reportedly of poor quality.