Bahrain: Weaponization of Financial Penalties to Re-Imprison Released Activists

The continued detention of Bahraini human rights defender Naji Fateel following his recent re-arrest raises serious concerns. Held in Jaw Prison over two years after receiving a royal pardon, Fateel faces imprisonment over outstanding financial obligations from an earlier case.

The lack of an arrest warrant, unclarified legal grounds, and his history of detention for human rights work demand urgent review to ensure full compliance with international due process and standards against arbitrary detention.

Background

On August 18, plain-clothes police officers raided Naji Fateel’s home in Bani Jamra around 5:45 a.m. while his family slept. Officers presented no warrant and gave no explanation before leading him away, deeply distressing his children and elderly mother. Once in a police vehicle, Fateel was told the detention stemmed from overdue payments linked to a prior conviction. On August 20, he was transferred from East Riffa Police Station to Jaw Prison, where he remains held.

The financial claim originates from the 2015 Jaw Prison protest case, in which Fateel and 56 co-defendants were jointly ordered to pay approximately $1.35 million for alleged damages. Fateel’s portion was set at roughly $23,700, payable in $996 monthly installments.

Prior to his arrest, Fateel was actively communicating with authorities to settle the debt, speaking with officials as late as August 16. On June 16, 2026, he and other affected individuals sent a letter to Crown Prince Salman bin Hamad Al Khalifa, the Ministers of Justice and Interior, and the enforcement judge, requesting clarification on whether the April 2024 royal pardon covered financial penalties and urging an end to re-arresting former prisoners over an inability to pay.

Fateel was first arrested in May 2013, eventually receiving combined sentences of 25 years and six months for his human rights activism. He served over 11 years in Jaw Prison before his release under the April 2024 royal pardon. In November 2022, the UN Working Group on Arbitrary Detention concluded his imprisonment was arbitrary, citing fair-trial violations and calling for his release, compensation, and an independent investigation into allegations of torture.

Institutional Position

The re-arrest of a person previously released under a royal pardon requires clear clarification of the legal basis and scope of any continuing financial obligation. Financial judgments may be subject to lawful enforcement, but enforcement measures resulting in renewed deprivation of liberty must comply with applicable due-process guarantees and cannot become a substitute for judicial scrutiny of a person’s ability to pay.

The circumstances surrounding Fateel’s arrest are particularly concerning given his documented history of detention related to human rights activity and the previous UN finding concerning his detention. Any measure that effectively extends punishment after release should be subject to independent judicial review and clear safeguards against arbitrary or discriminatory enforcement.

Applicable Legal Framework

Article 9 of the ICCPR protects against arbitrary arrest and detention and requires that deprivation of liberty be based on established law and subject to judicial safeguards. Article 14 guarantees a fair and public hearing before an independent and impartial tribunal, while Article 19 protects freedom of expression, including the communication of information concerning human rights.

Where detention is imposed or maintained because a person cannot satisfy a financial obligation, authorities must also ensure that enforcement does not operate in a discriminatory or arbitrary manner and that less restrictive lawful measures are considered where applicable.

Demands Aligned with International Human Rights Principles

The practice of using civil debts to return pardoned activists to prison violates international standards against arbitrary detention, non-discrimination, and due process. Depriving individuals of their liberty solely due to an inability to satisfy financial claims arising from past convictions constitutes an extended form of punishment. Full compliance with international human rights law, respect for judicial independence, and a complete cessation of measures targeting human rights defenders are essential to preventing further arbitrary arrests.

Women Journalists Without Chains
Geneva, Switzerland — September 20, 2026