Out on bail
08 Feb, 2007 
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Thanks to everyone for their unstinting support and friendship.
and BD500 poorer.
I went to the Public Prosecution office this morning and was there for 8am with plenty to spare. I was led through the corridors and levels of justice up to the 4th floor around 8.30am and sat in a waiting room to await my turn. I invested this time in reading Al-Wasat newspaper which covered this story very well indeed. The GDN and the Bahrain Tribune did too, so thanks go to all of them for their support.
Eventually, the Chief Public Prosecutor for Capital Mr. Wael Buallai invited me to his office to start the proceedings. This is the same gentleman who was given the overall responsibility of overseeing the recent elections in November of last year and I was honoured to meet him. He is a gentleman, very nice and with a charismatic personality. He not only explained to me the charges levied against me and suggested that I could be tried under the Penal Code and/or the Press & Publications Law 47/2002. He then gave me enough time to review the full charges folder before asking me if I needed a lawyer present.
Judging from the charges folder, I thought it would be in my favour to have a lawyer present. I called the lawyer I usually use – who I understand now has not handled a case such as this before – and was grateful for his prompt arrival. He was next door in the courts building.
Soon thereafter the questioning started. It is worth noting that in Bahrain’s law, lawyers present are not allowed to interrupt the public prosecutor during questioning, at all, object to a question nor advise their clients not to answer a particular one! They just sit there until the end of the session at which time they are given the chance to register any complaints and make any demands like asking the prosecutor for a copy of the file and to release the defendant on his own recognizance or on bail, rather than rot in jail over the weekend for instance.
Mr. Buallai is anything but not thorough, he has gone over every word and every sentence written in the original article as well as some of the comments. The whole article and comments were translated into Arabic in the claim’s folder, some of that translation I felt was not correct and he was good enough to register my complaint and record my own translation the article and comments in my words, which I obliged.
At the end of the 3 hours of questioning, he asked us to adjourn to the waiting room for him to deliberate. He did, and decided that this case should be regarded as a misdemeanor and set bail at BD500 (US$1,325).
My lawyer insisted on paying that on my behalf and we walked out.
That’s the end of the story currently. What comes next is that the file goes through to the general prosecutor’s office for them to decide whether to accept the case and go through with it to the courts, or refuse it and close the case. That all remains to be seen over the next few days. Unless of course, the plaintiff drops the defamation case against me, then although his case will be dropped, it is again up to the public prosecutor and in the interest of general public whether to go ahead with it or drop it.
What’s next though? What is Mahmood Al-Yousif going to do? Am I going to change the direction of the blog, will I concentrate on non-political articles, will I stop criticising public officials and government performance, will I go underground, should I have refused to post bail and get thrown into prison for a few days in order to be a martyr for the cause? What’s next?
Next is business as usual as far as I am concerned. One thing I would strongly urge Bahraini bloggers to do is go underground. It is not worth getting yourself known as that will only invite suits as I am experiencing now. They can never sue anonymous persons of course and they know it. But I am absolutely gob smacked that a newspaper owner like the right honourable gentleman here actually going ahead with this suit. It is as if he is inviting chaos to his own paper and journalists.
Regardless; what we need to do now, and particularly I, is find ways in which I can criticise, but also hide under the legal umbrella too in order to allay the chances of this happening again. Therefore, although (in this country particularly) it is much better to stay anonymous and not become legally responsible for your words, I cannot – personally – allow myself to do that. I have always been a known entity, and stand fully behind the words I publish here and elsewhere. Therefore, let me announce that I shall arrange for a workshop to be held as soon as possible and to be run by professional journalists to teach us how to criticise, but not get legally caught for our efforts.
I also firmly do not believe that in order for one to make a point, one must “sacrifice” and spend some time in jail. I believe in working within the system, and as such, I welcome fighting the case in court if it ever gets to that stage, in order to set a legal precedent which could be used as a benchmark for the future, rather than allow myself to be thrown in jail and create a fuss which does not create the required legal precedent, but might satisfy some egos.
Thank you again for your very valuable support.
Mahmood,
Always keeping you and your family in my thoughts. May freedom of speech and the free exchange of ideas take hold in the Arab world!
God Bless you.
mahmood do you get your 500BD back? you could use it to but the iphones. :tongue:
Glad to know the case is being dropped.
I certainly hope you keep at what you are doing Mahmood, but I respect any decision you take in the tone of this blog following these events.
My gratitude as well to your family who were wonderful to me when I was in Bahrain, I hope they are all coping well with this situation….
At the end of the day, its the newspaper and its owner that come out losers because of this whole fiasco, you have everything to gain from this situation… at least in terms of respect and honor for your position and stance…. Your wallet must be sad for its loss though…
Rest in Peace oh Ye wonderful 500B.D.
Congratulations!
وعودة محمودة يا محمود
As I was reading this I thought of a stanza I read once by Pablo Neruda:
——
When I was writing my love poems, which sprouted out from me
on all sides, and I was dying of depression,
nomadic, abandoned, gnawing on the alphabet,
they said to me: “What a great man you are, Theocritus!”
I am not Theocritus: I took life
and I faced her and kissed her,
and then went through the tunnels of the mines
to see how other men live.
And when I came out, my hands stained with garbage and sadness,
I held my hands up and showed them to the generals,
and said: “I am not a part of this crime.”
They started to cough, showed disgust, left off saying hello,
gave up calling me Theocritus, and ended up by insulting me
and assigning the entire police force to arrest me
because I didn’t continue to be occupied exclusively with metaphysical subjects.
But I had brought joy over to my side.
——
Keep a chin up!
You know more then any one else that I don’t agree with half of what you write but I will be standing and shouting to defend your wrights even if I don’t believe in your ideology.
Wait a minute, i dont get this.. arent u Mahmood more famous now and more people are on your side and not the Minister? isnt what the Minister did shameful now?? do u think he will get further respect around his circles of people? I think what that Minister did was bury himself into this stupid cry-baby image and people would make fun of.. and YOU Mahmood now have the upper hand!
Mahmood dont let this deter u.. fine u had to pay 500BD, others I hope come forth and do such blogs like yours and they may have to fork up 500 too.. but hey it’s a tiny price to pay for now and i am quite sure such stupid rules will either be less used in time and may be totally changed for the better.
You’re at the forefront Mahmood, please stay where you and continue what u do!!
You have my respect.
It is true that there are ways of writing things that make the message clear without saying exactly what you mean. For instance, the British magazine “Private Eye” never says somebody was drunk; they use the expression “tired and emotional”.
But really, politicians have to realise that being insulted is part of the job. They are paid by the citizens to do their job, not to be popular or universally admired.
You are BD 500 poor, but now more rich with all of your friends.
Thanks all, once again, I am truly indebted to you for your support.
If you believe in democracy and shout for it, why did you delete my comments?!! Is it because I wrote that what you did was wrong and you should not talk about anyone ever (official or normal person) if no substantial proof is available under your hand? Or is it because I mentioned that I am with the government that anyone (one I say anyone, I mean ANYONE) who across his limits and start talking and swearing at others, should be jailed.
Can you answer Mahmood , I am sure you cannot.
Jumping to conclusions again?
I didn’t delete any comment at all, could it be that the spam blocker took them?
And I am not particularly perturbed by your accusations or for the fact that you allegedly work for the government (of course we just don’t know, as you choose to hide behind an anonymous name. Would you ever “come out” and face the music yourself I wonder? Or are you comfortable throwing stones while behind a wall? Cowardly behavior don’t you think?)
Bahrain, much to your chagrin, is supposed to be the land of encoded laws and establishments, is it not?
So if you do have a problem with me – and it is rather evident that you do, and I have no idea how I stepped on your tail – go to court!
See you there. Until then, I shall resolutely ignore you specifically for the anonymous ignoramus you are.
Now bugger off.
nope, nothing in the spam queue by you unfortunately, although I’m quite sure that reading about penis enlarging tablets is actually much more interesting that your literate retorts.
Congratulations Mahmood, you’ve handled it very well :biggrin:
Highlander:
You’ve left your comments here, go ahead and click on the following link
http://mahmood.tv/2007/02/07/interrogated/
mahmood,
i live in philadelhpia pennsylvania, where our Declaration of Independance was penned. maybe because of that i can truly appreciate your struggle and willingness to follow through.
“When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. — Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government”.
i add this for those of you readers who have never read the Document, which has become the template and standard for all free thinking peoples.
fight the good fight,
cheers
Highlander,
What has got you all rattled? Are you afraid that your cosy little world where you don’t have to do very much, apart from turn up, to earn a salary is about to be slightly jeopardised? If you honestly think that Bahrain has a good, free, open society, then you are seriously delusioned. It was not too many years ago that you could have called it a benevolent dictatorship. Benevolent being relative as to who you were.
It really sounds like someone is getting very petty and insecure. If you can’t critisise the government when they are not doing their job properly how are you ever going to effect change? If you see fraud, waste and abuse, it’s the job of every citizen to point it out. It’s also the job of the government to sort it out and to cut back on such practices. If a minister gets upset by someone calling him a twerp, or slightly stronger then, I believe, he doesn’t have the cojones for office, and should be replaced by someone who can do the job effectively.
It really sounds like ‘Oh mummy, the boys are calling me names’. How pathetic is that!
Dear Mr. Mahmood-
How inconsiderate of you. I’ve never seen such a little crybaby in my whole life! It’s the people like you that ruin the fun for the few rich, elite upperclass who want to have complete control of a people. I mean, they just want you to shut up a little bit so they can continue to dictate your lives and force Islam uppon you with as little resistance as possible. Is that so much to ask?
I suggest you stop oppressing the upper class, it is just distasteful.
-William
The fact that this problem was addressed in a court of law, rather than by private vengence, and the fact that you were able to have a lawyer are all positive and bode well for the future of Bahrain. From your update, it appears that an amicable resolution has been reached. Law courts and lawyers do tend to encourage settlements.. Once the rule of law is in place, improving the law is very likely to follow. That has centainly been the history of freedom of speech in the US.
Keep blogging. If you are nervous about political comment at the moment, we always like to hear about your garden and other events. The advent of the Internet is likely to improve freedom of speech in a worldwide, unprecedented fashion. Maybe have a few lawyers at your workshop who can more fully acquaint you with the ins and outs of your laws as they relate to journalism and other writing.
Since the wheels of justice seem to be spinning here at the mo, whatever happened to justice for the victims of the dhow murder?
Or is that too uncomfortable to be brought into the public domanin these days?
Looks like libel cases brought by ministers against citizens certainly are rather important judging by the speed it went through:
The Dhow Disaster case is proceeding apace too, but whether the libel case is more important than 58 lives? Well, I personally was made to feel that it is so, but I am sure others would disagree.
(marks out of 10 please! :cwy: )
Well as I opened the inside page of the newspaper this morning, guess whose lovely puss was staring back at me in a half page piece. Yep, you guessed it; it seems our Mahmood really is famous now. Good thing he likes to garden and dig in the dirt cause that will keep him humble.
Way to go, Mahmood. Hang in there.
which paper was that M? can you give me a link?
i dont know which paper “M” read, but Gulf News wrote about you today.
http://www.gulfnews.com/region/Bahrain/10103044.html
Mahmood,
It was just our local paper here in Maine, The Morning Sentinel; I did look at their online version, but it’s not there. Anyway it was an AP story about bloggers effect on the political and social dialogue in countries around the world especially in the ME and mentions Wael Abbas in Egypt as well. Written by Anna Johnson, AP writer, and the picture is of you with your apple on your lap at home in what looks like a library. Story mentions the Den being blocked etc. Probably could find it on an AP site. Sorry, best I could do.
Thanks M, I picked that one up.
Mahmood
I just want to express my sympathy for your tingue – it must be so chewed up and bleeding since you are having to bite it so much
oops, I meant “tongue” not “tingue”
I guess HE was bothered by this part of the post in question. Was he?
The operative passges, to my mind are three: “imbecilic grin”; “allegedly pursued relentlessly … for monies owed”; and “allegedly implicated in various corrupt schemes”.
First the good news and starting with the “grin” thing. Whether a law court would hold that it is an offence as per the Penal Code of Bahrain is really uncertain. Most fair-minded people, including many criminal judges in Bahraini law courts, would dismiss the charge on such a basis. The contrary is also possible, unfortunately.
On to the re-statement of purported ‘allegations’. The bad news is that Article No. 95 of the Criminal Code strips D from asserting that “it was just a re-statement of stories and rumours, that were already in circulation“.
Now, the good news is that all is a ‘misdemeanour’ and this categorization was confirmed to be so by Capt. Wael Buallai. As per Article No. 14 of the Penal Code, the Prosection always has to prove ‘intention’ even vis-avis a misdemeanour unless the law clearly states otherwise. To be short, Mahmood has already raised the defence of there being no intention – keep it that way. This defence wins on ‘balance’ basis. It can, be dfeated, however, but only if Prosecution can prove ‘beyond reasonable doubt’ that there was outlawed intention behind the action. So, conviction is hard to attain in this case, I would guess.
Finally, as to whether HE drops the complaint, in an amicble arragement, I would press charges only if it were most likely that doing so would lead to conviction – if I were prosecting this case. Since this outcome is most unlikely, I would tend to conclude by saying that the whole job (of calling and filing and investigating) was intended merely as a simmering and deterrent to the maximum extent possible. Unfortunately, it is most likely to go with complete impunity.
Good luck to all.
Your blog is your personal space and open to some public. It is your right to speak the truth, the blatant one at best. Hoever it seems that over the past year or so as you have felt and tested the boundaries, you have chaieved many breakthtoughs and pioneerd teh way for other prospectors, so to say. :w00t: :w00t:
It is a crying shame that you cannot speak you mind without treading on toes. In this part of the world, it is difficult to look at people without insulting them or getting their enitre family to be insulted also. :angry:
I firmly believe that even though you irked some persons, it was out of a sincere desire to see a positive change, politically, socially, culturally and spiritually. The so called affected party could have takn the hint and proved you wrong, but instead they chose the war path like the US leaders and deceided to bring the whole admin into play. :blink: :angry: :sick: Yes it sickens me to think that you cannot talk about the truth and live to expect positive change. Encouraged by you, I wanted to start my own blog, I was not able to for lack of time…and not this further seems to discourage me. No not that I am interested in tackling bold subjects like you, but just the thought that my ideas or talk can tick someone off especially when they need awakening.
Perhaps the strategy would be like to adress pressing issues like Oscar Wilde did or like Jonathan Swift. Perhaps disguised sardonic humor or sattire is called for. What ever it is Mahmood, we stand by you and I firmly believe that such action on the part of the affected was uncalled for….I will pray and keep hope that this case is dismissed. Stand firm and pround to be a good human that you have always been and leader among your people. May Allah bless you and your family abundantly and keep you safe and healthy.
good luck