OMN 001 / 0518 / OBS 062
Death while in custody
Oman
May 15, 2018
The Observatory for the Protection of
Human Rights Defenders, a partnership of the World Organisation Against Torture
(OMCT) and FIDH, requests your urgent intervention in the following situation
in Oman.
Brief description
of the information:
The Observatory has been informed by
reliable sources about the death while in custody of Mr. Hassan Al-Basham, a prominent online
activist and human rights defender in Oman, who regularly defended prisoners of
conscience in his numerous writings online.
According
to the information received, on April 28, 2018, Mr. Hassan Al-Basham passed
away after a sudden deterioration of his health due to the sharp drop
in his blood sugar level, while serving a
three-year sentence in Samail Central Prison, on charges of “using the internet
in what might be prejudicial to religious values” and of “insulting the Sultan”
(see background information).
Before
he died, Mr. Al-Basham would have been left for an undisclosed period of time
lying on the ground without receiving any medical attention.
The
Observatory condemns in the strongest terms Mr. Hassan Al-Basham’s death in
custody and urges the Omani authorities to immediately order an immediate,
thorough, impartial and transparent investigation for those responsible to be
held accountable.
Background information:
Mr.
Hassan Al-Basham was first arrested by the Internal Security Service (ISS) on
September 17, 2015 and appeared before the Special Division of the Omani Police
in Sohar. He was released on September 23, 2015, and then arrested again two
days later, on September 25, 2015.
On
October 18, 2015, Mr. Al-Basham was reportedly transferred to the Public
Prosecution’s Office in Sohar, which directed several charges against him. The
first hearing in the trial was held on October 30, 2015.
On
February 8, 2016, the Court of First Instance in Sohar sentenced Mr. Al-Basham
to three years in prison on charges of “using the internet in what might be
prejudicial to religious values.” He was also convicted of “insulting the
Sultan” and fined 500 Omani Rials (US$ 1,300).
On
June 13, 2016, the Court of Appeal in Sohar upheld the three-year prison
sentence against Mr. Al-Basham. The charge for “insulting the Sultan”, and its
subsequent fine, was overturned.
On
January 17, 2017, the High Court of Oman revoked the three-year prison sentence
against Al-Basham after examining his case. The ruling was based on his
deteriorating health, taking into account that the request for a medical
examination of the defendant was ignored during the trial, and was referred
back to the Court of Appeal.
However,
on November 19, 2017, the Court of Appeal in Sohar again upheld the initial
verdict of three-year imprisonment, to which the Court of First Instance in
Muscat had sentenced him. The Court of Appeal reportedly did not allow the
defence team to present its evidence and medical reports.
Please write to the authorities in Oman,
urging them to:
i.
Order an immediate, thorough, impartial and
transparent investigation into Mr. Hassan Al-Basham’s death in custody, in order to identify all those
responsible, bring them before an independent tribunal, and sanction them as
provided by the law;
ii. Guarantee in all circumstances the physical and psychological
integrity of all human rights defenders in Oman;
iii. Put an end to all acts of harassment, including at the
judicial level, against all human rights defenders in Oman, and ensure that
they are able to carry out their legitimate human rights activities without
hindrance or fear of reprisals;
iv. Conform with the United Nations Standard Minimum Rules
for the Treatment of Prisoners, which includes the obligation to provide
treatment during detention;
v. Conform with the provisions of the UN Declaration on Human Rights
Defenders, adopted by the General Assembly of the United Nations on December 9,
1998, in particular with Articles 6, 12.1 and 12.2;
vi. Ensure in all circumstances respect for human rights and fundamental
freedoms in accordance with international human rights standards and
international instruments ratified by Oman.
Addresses:
·
Mr. Abdulmalik bin Abdullah Al
Khalili, Minister of Justice of Oman, Email: info@moj.gov.om
·
Mr. Hamoud bin Faisal bin
Saeed Al Busaidi, Minister of Interior of Oman, Email: off@moi.gov.om
·
Hon. Sheikh Abdullah bin Shuwain Al-Hosni, Chairman of Oman Human Rights
Commission, Sultanate of Oman. Fax: 24218906
·
H.E. Mr. Abdulla Nasser Al Rahbi, Ambassador, Permanent Mission of
the Sultanate of Oman to the United Nations in Geneva, Switzerland. Fax: +41 22
758 96 66, Email: missionoman@bluewin.ch
Please also write to the
diplomatic mission or embassy of Oman located in your country.
***
Geneva-Paris, May 15, 2018
Kindly inform us of any action undertaken
quoting the code of this appeal in your reply.
The Observatory for the
Protection of Human Rights Defenders (the Observatory) was created in 1997 by
the World Organisation Against Torture (OMCT) and FIDH. The objective of this
programme is to prevent or remedy situations of repression against human rights
defenders. OMCT and FIDH are both members of ProtectDefenders.eu, the European Union Human Rights Defenders Mechanism implemented by
international civil society.
To contact the Observatory, call the
emergency line:
• E-mail: Appeals@fidh-omct.org
• Tel and fax OMCT + 41
(0) 22 809 49 39 / + 41 22 809 49 29
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