Sun. May 12th, 2024
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In a joint effort, the Emirates Detainees Advocacy Center (EDAC), the Gulf Centre for Human Rights (GCHR), Amnesty International, and Human Rights Watch urgently appeal to United Nations special procedures, UN Member States, and the European Union to intervene and request the United Arab Emirates (UAE) to drop unjust terrorism charges against 84 Emiratis. The individuals facing charges include those previously tried in the 2012-2013 case, such as GCHR’s Board member Ahmed Mansoor and academic Dr. Nasser Bin Ghaith, who are now arbitrarily detained beyond their sentences, along with others in exile.

This case is particularly troubling as the first hearing commenced while the UAE hosted the 28th Conference of Parties (COP28) of the United Nations Framework Convention on Climate Change (UNFCCC).

The accused have not committed new crimes but are facing trial on charges related to membership in a group for which they have already been tried. Authorities have charged 43 individuals with establishing a “terrorist organization” and at least 41 with supporting and funding a “terrorist organization,” carrying sentences of up to life imprisonment or the death penalty.

The trial was officially announced by the state news agency on 6 January 2024, a month after the first hearing, accusing the defendants of concealing evidence related to the “establishment of another clandestine organization for the purpose of committing acts of violence and terrorism” on state territory.

During the trial proceedings, families faced obstacles, such as defective sound systems and denied IDs, preventing them from fully participating. Defense lawyers were unable to meet with their defendants before the trial, hindering proper defense preparation.

On 7 February 2024, the prosecution refuted claims of prior trials during the latest hearing. Families were allowed to observe the court proceedings, and the detainees were shackled throughout the lengthy session. The detainees requested a postponement for the next session on 8 February due to the exhausting length of the hearing.

Of the 84 defendants, 43 are charged with establishing a terrorist organization, and 41 are charged with supporting and financing it, including Ahmed Mansoor and Dr. Nasser Bin Ghaith. If convicted, their appeal could reach the Federal Supreme Court.

The charges are likely based on Federal Law No. 7 of 2014 on Combating Terrorist Offences, which imposes severe penalties for establishing or heading a terrorist organization. The vague and broad definition of terrorism in this law raises concerns.

Three exiled Emiratis, including Hamad Al-Shamsi and Ahmed Al-Shaibah Al-Nuaimi, are among those falsely charged. In January 2024, 17 UN Experts expressed grave concerns about potential death penalties or lengthy prison sentences.

Despite previous calls for access by human rights organizations, international experts, or independent monitors have been denied access to detainees, including Ahmed Mansoor. Incommunicado detention and allegations of ill-treatment highlight the urgent need for independent verification and improvement of prison conditions.

Recommendations:

EDAC, GCHR, Amnesty International, and Human Rights Watch urgently call on the international community, especially close allies like the USA, UK, and EU members, as well as United Nations mechanisms, to:

1. Request the UAE authorities to allow visits to all detained human rights defenders, ensuring independent verification of their prison conditions and protection from torture or ill-treatment. Pending release, treat them in line with UN Standard Minimum Rules for the Treatment of Prisoners; and

2. Call on the UAE authorities to drop charges against the 84 men and release them immediately and unconditionally.


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