Case Summary and Outcome

On May 30, 2016, Bahrain’s First High Court of Appeal more than doubled the prison sentence of Sheikh Ali Salman, from four years to 9 years. Sheikh Salman had been found guilty of “promoting forceful regime change and threatening to use unlawful means.”

Facts

Sheikh Ali Salman is a senior figure in a Bahraini Shi’ite opposition group called Al-Wefaq Islamic Society. In November 2014 he led a protest supportive of boycotting Bahrain’s parliamentary elections.

He was arrested in December 2014, after leading a protest rally against the parliamentary elections, which he and his organizations boycotted for the government’s failure to implement promised reforms. He was charged with:

1. Inciting a change of regime by non-peaceful means (Bahrain Penal Code (BPC), art. 160);
2. Inciting hatred of a segment of society against another (BPC, art. 172);
3. Inciting others to break the law (BPC, art. 173);
4. Insulting the Ministry of Interior (BPC, art. 216).

Prior to his arrest a complaint had been made to the General Directorate of Crime Detection and Forensics which eventually led to an investigation by the Public Prosecution regarding the nature of Salman’s statements.

Global FoE could not identify official legal and government records on the case and information on the case was derived from secondary sources. Global FoE notes that media outlets may not provide complete information about this case. Additional information regarding legal matters will be updated as an official source becomes available.

Decision Overview

One June 16, 2015, the Higher Criminal Court sentenced Ali Salman to four years imprisonment. He was found guilty of “publicly inciting hatred, an act which disturbed public peace, inciting non-compliance with the law and insulting public institutions.”

However, Salman was acquitted of all other charges levied against him, including the charge of inciting political change which is a crime that can enure a life-time prison sentence.

He appealed the decision on September 15, 2015, and also requested release on bail. The Prosecutor counter-appealed for a stricter sentence. The appellate refused to grant the bail and adjourned the case to October.

On May 30, 2016, Bahrain’s First High Court of Appeal more than doubled the prison sentence of Sheikh Ali Salman, from four years to 9 years. Sheikh Salman had been found guilty of “promoting forceful regime change and threatening to use unlawful means.” Article 160 of the penal code provides for sentences of up to 10 years for advocating the overthrow of the government’s political system by force. The Court of Appeal ruled that Salman “justified acts of violence and sabotage” and “repeatedly threatened to use military force, and publicly expressed that the military option was still open.”

Global FoE could not identify official legal and government records on the case and information on the case was derived from secondary sources. Global FoE notes that media outlets may not provide complete information about this case. Additional information regarding legal matters will be updated as an official source becomes available.

[1] Society Secretary General sentenced to four years, BNA, June 16, 2015, available at http://bna.bh/portal/en/news/673862.