On 17 March 2013 the Court of Appeal in Muscat, composed of different judges from when it previously heard the case, ordered the release of all detained human rights defenders convicted on charges relating to assembly. The order, however, excludes those human rights defenders who have also been imprisoned on charges relating to insulting the Sultan. Lawyer Yaqoub Al-Harithy, who is representing the human rights defenders, said “They were released on personal bail and the same court will consider the issue during a hearing on March 24, 2013 where the court will hear the lawyers of the defendants.”

This ruling means the release of human rights defenders accused of charges relating to assembly only and who have not yet been sentenced to charges of insulting the Sultan. They are: Saeed Al-Hashemi, Nasser Al-Ghailani, Abdullah Al-Ghailani, Basma Al-Kiyumi, Basema Al-Rajehi, Bader Al-Jaberi, Mohammed Al-Fazari, and Khalid Al-Nawfali.

However, under this judgment, human rights defenders Mahmoud Al-Rawahi, Mahmoud Al-Jamoudi and Mukhtar Al–Hanaei will remain in prison because they stand convicted on charges of insulting the Sultan and have been handed prison sentences.

On 4 March 2013, the High Court ruled to abolish the provisions and the sentences relating to charges of assembly which condemned the accused human rights defenders. The Court sent the case back to the Court of Appeal to be heard again, this time with a composition of different judges as mentioned in the first paragraph.

As a result of this ruling, the following human rights defenders, who their appeal were accepted, have been released on bail worth 200 OMR (520US$): Bassema Al-Rajehi, Basma Al-Kiyumi, Bader Al-Jaberi, Saeed Al-Hashemi, Abdullah Al-Ghailani, Nasser Al-Ghailani, Khalid Al-Nawfali, and Mohammed Al-Fazari. While human rights defenders Mahmoud Al-Rawahi, Mahmoud Al-Jamoudi, and Mukhtar Al-Hanaei remain in prison as there were handed prison sentences in relation to the case of insulting the Sultan.

On the other hand, the security forces continue to target human rights defenders and activists. On 16 March 2013 at approximately 6pm, security forces kidnapped human rights activist and blogger Khalfan Al-Badwawi from in front of his friend’s house. The ambush was carried out by the security apparatus of Oman, however, the cause of this abduction is still unknown. Khalfan AL-Badwawi is accused of violating the law of Information Technology in a case that is still under consideration by the lower court in Muscat, which is expected to hold on 20 March 2013, a hearing in private and only the defendant, his lawyer, and one member of his family will be allowed into the court room.

The Omani Internal Security summoned Hatem Al-Maliki to report to it. He did so at approximately 2pm on 15 March 2013, however no information has been available about him since.  Ambushes by the security forces are not new. Human rights defenders Habiba Al-Hanaei, Yaqoub Al–Kharusi, and Ismail Al-Mikbali, co-founders members of the Omani team for human rights were kidnapped while returning from the oil fields following the strike of oil workers in May 2012.

On 23 February 2013, the security forces dragged human rights defender and blogger Ammar Al-Ma’amari from Muscat airport to an unknown destination. Blogger Ammar Al-Ma’amari is known for his prominent role in the fight against corruption during the events of the Omani spring and his outspoken advocacy of the prisoners of conscience.

According to the latest reports received by the Gulf Centre for Human Rights (GCHR), Khalfan Al-Badwawi and Hatem Al-Maliki have been released on 19 March 2013 and the authorities decided to refer their cases to the public prosecutor’s office.

On 20 February 2013, the GCHR together with another 20 human rights organizations expressed their full and complete solidarity with all Omani human rights defenders who are in detention, especially those undertaking hunger strikes. The full statement is available at the following link:  

https://www.gc4hr.org/news/view/346

For further information about the case please see our most recent appeals:

https://www.gc4hr.org/news/index/country/6

The GCHR believes that there is an on-going trend in Oman towards using the most politically oriented judiciary to create false politically-motivated cases against human rights defenders and activists.

Once more the GCHR calls on Sultan Qaboos and the Omani government to: 

1. Immediately and unconditionally release all human rights defenders who were detained as a result of their legitimate exercise of their rights to freedom of expression and assembly; and drop all charges related to the exercise of these rights;

2. Take all necessary measures to ensure the physical and psychological integrity and security of all detainees;

3. Ensure the ability of human rights defenders, activists, and journalists in Oman to carry out their legitimate work freely and without fear of reprisal or judicial harassment.

The GCHR 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, recognizes 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 (c) “Everyone has the right, individually and in association with others: (c) To study, discuss, form and hold opinions on the observance, both in law and in practice, of all human rights and fundamental freedoms and, through these and other appropriate means, to draw public attention to those matters” and to Article 12.2, which provides that “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”.