Public Statement: the Trial of Hassan Salman and its Implications
Bahrain Human Rights Monitor (BHRM) expresses concern over the
events that accompanied the trial and conviction of Hassan Salman,
26, former employee of the General Authority for Insurance and Pensions.
Hassan Salman was accused of revealing secrets, which had been obtained
during official duty, and endangering national security in Bahrain.
At the same time the BHRM is of great concern over attempts by some
Bahraini human rights organizations to exploit the criminal process
against Hassan Salman for gains that have nothing to do with human
rights. The BHRM condemn such action because it portrays criminal
activities as human rights. Furthermore, this will affect the credibility
of the human rights work, casts doubt on the professionalism of
some human rights organizations and its adherence to the fundamentals
and principles of human rights.
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Such developments came as a result of a decision by a Bahraini
criminal court on 16 September 2009. The court sentenced Hassan
Salman to 3 years’ imprisonment on charges of divulging secrets
concerning his work. The facts of the case related to the revelations
made by Hassan Salman, who works as computer systems analyst at
the General Authority for Social Insurance «retirement». Hassan
published the names of all staff of the national security in a website
in the Internet, in disregard of the confidentiality of information.
The trial received wide coverage by the media and the Bahraini press
published the details of the trial, which was public. The court
convicted Salman for his disclosure of information and secrets,
which he obtained by virtue of his post, and thus contravening the
principle of a public official in the confidentiality of information
and lack of diversion. We do not want to go into the legal controversy
to the court›s ruling as long as the stages of appeal against the
verdict are still open to Hassan Salman, and as long as the trial
had matched the standards of a fair trial.
After the verdict, the Bahrain Centre for Human Rights expressed
concern about the trial of the accused for passing on information
about the national security service, and expressed regret for the
Public Prosecution Office in Bahrain to investigate Hassan Salman.
The Centre said that there’s no proof that Hassan Salman had leaked
the information. The Centre called on regional and international
organizations to take action to counter the court›s decision, demanded
the immediate release of Hassan Salman, and called on the authorities
to refrain from targeting human rights defenders.
According to information received by the BHRM, the defendant
had confessed without pressure or coercion that he had leaked the
information and posted it on the Internet, and that what he did
came as a reaction to the arrest by the security authorities of
Sheikh Habib Miqdad and political activist Hassan Mushaimie’. The
BHRM fears of a repeat of the politicization of criminal cases and
turn them into political issues. This emerged and evident in some
public statements that did not deal with the reasons that led to
the trial of Hassan Salman, nor did they discuss the applicability
of the Bahraini criminal law to such cases, and did not address
whether Hassan Salman had received fair trial or not. It is not
clear how leaking secret information by a public official means
in the final analysis targeting human rights defenders? Are public
servants entitled, under any justification, to leak information
obtained by virtue of their job? Is such conduct falls under the
right to exercise freedom of expression, or is it offense punishable
under the provisions of national laws in all countries of the world?
The BHRM calls again on all human rights activists and defenders,
and national and international human rights organizations for non-politicization
of criminal cases and transforming them into human rights issues.
Furthermore, BHRM calls upon them to distance human rights subjects
from the political conflict because this does not serve human rights
issues in Bahrain. The BHRM will continue to follow-up the developments
of the case of Hassan Salman in a professional manner, and will
ensure that fair trial standards were followed in this case.
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