On 12 December 2012, the Court of Appeal in Muscat, presided over by three judges, upheld the sentences handed down to human rights defenders in Oman. Some of those whose cases were heard by the Court are in detention while others face risk of imprisonment over the coming days following the Court’s decision. The Gulf Centre for Human Rights (GCHR) calls on the authorities to immediately release these peaceful activists and halt the on-going judicial harassment human rights defenders in Oman.

In one of the hearings, the Court upheld sentences ranging from six months to a year’s detention imposed on 9 and 16 July 2012. The sentences, which related to charges of  lèse-majesté, cyber-crime and breach of the law of information, were upheld against the following human rights defenders: Ali Al-Mikbali, Hamad Al-Kharousi, Mahmoud Al-Rawahi (already sentenced for other charges of  “ illegal assembly” and “disturbing public order”), Mohammed Al-Habsi, Abdullah Al-Siyabi, Abdullah Al-Araimi, Rachid Al-Badi, Nabhan Al-Hanshi, Mohammed Al-Badi and Mona Hardan. The Court allowed the sentences against the latter two human rights activists to start following the completion of their exams.

In another ruling, the Court of Appeal upheld a six-month sentence for a misdemeanor against human rights activist Hammoud Hamdan Al-Rashdi. However, the judge suspended the sentence.

In a further ruling, the Court of Appeal upheld the sentences of one-year in prison and a fine of 200 Rials (520US$) imposed on 8 August 2012 on 11 human rights defenders on charges including illegal assembly, disturbing public order, lèse-majesté and violating the cyber-crime law. The 11 were: Saeed Al-Hashmi, Basema Al-Rajehi, Basma Al-Kiyumi, Mukhtar Al-Hinaei, Nasser Al-Gailani, Mohamed Al-Fazari, Mahmoud Al-Rawahi, Khalid Al-Nawfali, Bader Al-Jabri, Mohammad Al-Jamoudi and Abdullah Al-Gailani.  

Also on 5 December 2012, the Court of Appeal upheld the sentences of a suspended one year in prison from which a 20 days to be served and a fine of 1000 Rials (2600US$) imposed on 26 August 2012 on human rights activist Maymona Rashid Al-Badi  on alleged charges of gathering, violating information technology law, and insulting the Sultan.

The GCHR has received information that Saeed Al-Hashmi, Nasser Al-Gailani, Basema Al-Rajehi, Basma Al-Kiyumi, Khalid Al-Nawfali and Maimouna Rachid Al-Badi have commenced their prison sentences. While others will be expected to surrender themselves to the authorities to begin their sentences in the coming days. Some of the human rights activists are reportedly being held in Sumayil high-security prison where they have been since 15 December2012. The decisions of the Court of Appeal can be appealed to the Court of Cassation.

These latest judgements come in the context of on-going judicial harassment of human rights defenders in Oman. GCHR has issued five previous appeals concerning this tactic of intimidation being used against the human rights defenders in the country on the basis of their human rights work. For further information see http://ww.gc4hr.org/news/index/country/6.

The cases of other activists are to be heard on 12 January 2013 and it is feared that they will be faced with similar sentences.

The GCHR believes that the on-going judicial harassment of the above named human rights defenders and the upholding of their sentences are directly linked to their peaceful and legitimate human rights work and the exercise of their right to freedom of opinion and expression.

The GCHR calls on the Sultan of Oman to immediately release these activists and for the United Nations to intervene in order to secure their immediate release.

The GCHR urges the Sultan and authorities in Oman to:

1. Immediately and unconditionally release the above named human rights defenders who are in detention;
2. Immediately and unconditionally drop all charges against the above named human rights defenders;
3. Guarantee in all circumstances 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 restrictions including 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”.