AhlulBayt News Agency

source : al Wefaq
Wednesday

10 June 2015

4:10:27 AM
694694

The reasons that the Bahraini court not sufficient to rule the case against Sheikh Ali Salman

Numerous measures taken by the court looking into the lawsuit against Sheikh Ali Salman, Secretrary General of Al Wefaq National Islamic Society, revealed a politically-motivated and malicious trial.

Numerous measures taken by the court looking into the lawsuit against Sheikh Ali Salman, Secretrary General of Al Wefaq National Islamic Society, revealed that we are witnessing a politically-motivated and malicious trial. In fact, Salman’s defense team delivered a letter to the Supreme Judicial Council where it concluded, based on a number of measures taken by the court, that this court is not sufficient to take a decision in the case:

  1.     The hearing sessions were held behind closed doors in a clear infringement to the law and constitution which ensure public trial. The court made a pre-defined list of names who were allowed to attend the sessions. This list did not include Sheikh’s Ali Salman’s family members and senior members in Al Wefaq and other opposition parties. Even journalists were pre-defined by name. Further, the court refused to hand a copy of the Public Prosecution’s defense plead whilst some newspapers received it.

  2.     The members of Salman’s defense team were searched in violation to the established procedures in courts in attempt to harass the lawyers who complained from this measure several times.

  3.     The lawsuit is based on de-contextualized parts from speeches delivered by Sheikh Ali Salman in such a way to totally change the meaning of his statements. And although the defense team repeatedly requested to play the video films that recorded these particular speeches to hear the statements in their original context, the court refused this, blatantly blocking out justice and truth. The defense team’s request was made during the first hearing session in effort to reveal the fragility of the case and to support its request to release Sheikh Ali Salman.

  4.     The court refused – without presenting an acceptable reason- the defense team’s request to hear the testimonies of the general security chief and the Interior Minister who spoke directly about the case stating that the measures against Salman were taken for political reasons represented in his society’s decision to boycott the elections in November 2014.

  5.     The defense team complained that the hearings’ minute-records were not written to match the minutes of the hearing sessions in attempt to effect the legal position of Sheikh Ali Salman in some cases. The court ordered to attach requests to rectify the minute-record without making any corrections to the record itself. Moreover, the court refused to hand the defense team a copy of the minute-record for the last hearing session that was held on 20th May 2015.

  6.     The court refused to direct most of the lawyers’ questions to the only prosecution witness. Further, the court prevented the defense team from reading out the statements of the prosecution witness included in the interrogation record which was also fabricated and weak. It also prevented the lawyers from confronting the witness with the videos of Salman’s speeches, thereof, failing to meet the essential base for fair trial by preventing evidence from being seen.

  7.     The defense team said its evidence includes the video films of its client’s speeches, which are the subject of accusation and which refute the charges against him. However, the court refused this request, preventing the truth.

  8.     What happened on the 20th of May 2015 was shocking, as the defense team described it. First the court refused to see the defense team’s evidence and refused to hear oral argument by Sheikh Ali Salman and his lawyers and, ended the session and reserved the case for the 16th of June 2015 without giving the defense team an opportunity to present their plead or notes and documents.


The aforementioned facts are enough to make the due process in Sheikh Ali Salman’s trial facade as in the case of hearing the testimony of the prosecution witness where most questions were prevented from being directed to him. Thus, the trial failed to meet essential standards of a fair trial by preventing Salman’s right to legal defense, taking measures against the principle of innocence and evidence and other principles.

The defense team stated that is has been unable to do its job in the case given the course of events in the previous hearings. The lawyers also expressed that they were shocked by the bench’s behavior which they have not seen since they were recruited in their jobs as the court refused to even receive the team’s written defense plead.



Numerous measures taken by the court looking into the lawsuit against Sheikh Ali Salman, Secretrary General of Al Wefaq National Islamic Society, revealed that we are witnessing a politically-motivated and malicious trial. In fact, Salman’s defense team delivered a letter to the Supreme Judicial Council where it concluded, based on a number of measures taken by the court, that this court is not sufficient to take a decision in the case:

    The hearing sessions were held behind closed doors in a clear infringement to the law and constitution which ensure public trial. The court made a pre-defined list of names who were allowed to attend the sessions. This list did not include Sheikh’s Ali Salman’s family members and senior members in Al Wefaq and other opposition parties. Even journalists were pre-defined by name. Further, the court refused to hand a copy of the Public Prosecution’s defense plead whilst some newspapers received it.
    The members of Salman’s defense team were searched in violation to the established procedures in courts in attempt to harass the lawyers who complained from this measure several times.
    The lawsuit is based on de-contextualized parts from speeches delivered by Sheikh Ali Salman in such a way to totally change the meaning of his statements. And although the defense team repeatedly requested to play the video films that recorded these particular speeches to hear the statements in their original context, the court refused this, blatantly blocking out justice and truth. The defense team’s request was made during the first hearing session in effort to reveal the fragility of the case and to support its request to release Sheikh Ali Salman.
    The court refused – without presenting an acceptable reason- the defense team’s request to hear the testimonies of the general security chief and the Interior Minister who spoke directly about the case stating that the measures against Salman were taken for political reasons represented in his society’s decision to boycott the elections in November 2014.
    The defense team complained that the hearings’ minute-records were not written to match the minutes of the hearing sessions in attempt to effect the legal position of Sheikh Ali Salman in some cases. The court ordered to attach requests to rectify the minute-record without making any corrections to the record itself. Moreover, the court refused to hand the defense team a copy of the minute-record for the last hearing session that was held on 20th May 2015.
    The court refused to direct most of the lawyers’ questions to the only prosecution witness. Further, the court prevented the defense team from reading out the statements of the prosecution witness included in the interrogation record which was also fabricated and weak. It also prevented the lawyers from confronting the witness with the videos of Salman’s speeches, thereof, failing to meet the essential base for fair trial by preventing evidence from being seen.
    The defense team said its evidence includes the video films of its client’s speeches, which are the subject of accusation and which refute the charges against him. However, the court refused this request, preventing the truth.
    What happened on the 20th of May 2015 was shocking, as the defense team described it. First the court refused to see the defense team’s evidence and refused to hear oral argument by Sheikh Ali Salman and his lawyers and, ended the session and reserved the case for the 16th of June 2015 without giving the defense team an opportunity to present their plead or notes and documents.

The aforementioned facts are enough to make the due process in Sheikh Ali Salman’s trial facade as in the case of hearing the testimony of the prosecution witness where most questions were prevented from being directed to him. Thus, the trial failed to meet essential standards of a fair trial by preventing Salman’s right to legal defense, taking measures against the principle of innocence and evidence and other principles.

The defense team stated that is has been unable to do its job in the case given the course of events in the previous hearings. The lawyers also expressed that they were shocked by the bench’s behavior which they have not seen since they were recruited in their jobs as the court refused to even receive the team’s written defense plead.



Numerous measures taken by the court looking into the lawsuit against Sheikh Ali Salman, Secretrary General of Al Wefaq National Islamic Society, revealed that we are witnessing a politically-motivated and malicious trial. In fact, Salman’s defense team delivered a letter to the Supreme Judicial Council where it concluded, based on a number of measures taken by the court, that this court is not sufficient to take a decision in the case:

    The hearing sessions were held behind closed doors in a clear infringement to the law and constitution which ensure public trial. The court made a pre-defined list of names who were allowed to attend the sessions. This list did not include Sheikh’s Ali Salman’s family members and senior members in Al Wefaq and other opposition parties. Even journalists were pre-defined by name. Further, the court refused to hand a copy of the Public Prosecution’s defense plead whilst some newspapers received it.
    The members of Salman’s defense team were searched in violation to the established procedures in courts in attempt to harass the lawyers who complained from this measure several times.
    The lawsuit is based on de-contextualized parts from speeches delivered by Sheikh Ali Salman in such a way to totally change the meaning of his statements. And although the defense team repeatedly requested to play the video films that recorded these particular speeches to hear the statements in their original context, the court refused this, blatantly blocking out justice and truth. The defense team’s request was made during the first hearing session in effort to reveal the fragility of the case and to support its request to release Sheikh Ali Salman.
    The court refused – without presenting an acceptable reason- the defense team’s request to hear the testimonies of the general security chief and the Interior Minister who spoke directly about the case stating that the measures against Salman were taken for political reasons represented in his society’s decision to boycott the elections in November 2014.
    The defense team complained that the hearings’ minute-records were not written to match the minutes of the hearing sessions in attempt to effect the legal position of Sheikh Ali Salman in some cases. The court ordered to attach requests to rectify the minute-record without making any corrections to the record itself. Moreover, the court refused to hand the defense team a copy of the minute-record for the last hearing session that was held on 20th May 2015.
    The court refused to direct most of the lawyers’ questions to the only prosecution witness. Further, the court prevented the defense team from reading out the statements of the prosecution witness included in the interrogation record which was also fabricated and weak. It also prevented the lawyers from confronting the witness with the videos of Salman’s speeches, thereof, failing to meet the essential base for fair trial by preventing evidence from being seen.
    The defense team said its evidence includes the video films of its client’s speeches, which are the subject of accusation and which refute the charges against him. However, the court refused this request, preventing the truth.
    What happened on the 20th of May 2015 was shocking, as the defense team described it. First the court refused to see the defense team’s evidence and refused to hear oral argument by Sheikh Ali Salman and his lawyers and, ended the session and reserved the case for the 16th of June 2015 without giving the defense team an opportunity to present their plead or notes and documents.

The aforementioned facts are enough to make the due process in Sheikh Ali Salman’s trial facade as in the case of hearing the testimony of the prosecution witness where most questions were prevented from being directed to him. Thus, the trial failed to meet essential standards of a fair trial by preventing Salman’s right to legal defense, taking measures against the principle of innocence and evidence and other principles.

The defense team stated that is has been unable to do its job in the case given the course of events in the previous hearings. The lawyers also expressed that they were shocked by the bench’s behavior which they have not seen since they were recruited in their jobs as the court refused to even receive the team’s written defense plead.