86
10. United Arab Emirates (UAE) GENERAL, POLITICAL AND LEGAL OVERVIEW Despite demands for reform and democratic change, public freedoms in the UAE have witnessed major setbacks during the past three years. UAE State Security began cracking down on political activists following a petition signed by 133 people in 2011. This called for an elected Federal National Council, a body deemed equivalent to what is commonly termed a parliament. The crackdown included arbitrary arrests, unfair trials and the revocation of citizenship, as well as a fierce media campaign depicting activists as a threat to national security. Some of the arrests amounted to forced disappearances, with many detainees being held incommunicado and prohibited from seeing both their families and lawyers. Authorities have also refused to investigate claims of torture to extract false confessions from detainees, despite pledges to do so. Human rights abuses have not been limited to political activists. A number of foreigners have also been arrested or deported without reason. Recent
figures revealed that the revocation of visas and deportation of foreigners has become a main tool for oppression used by UAE security forces. However, it is difficult to discern any pattern in the rationale behind such deportations, as they have impacted individuals from various nationalities, sects and lines of work. Additionally, seven UAE citizens have also had their citizenships revoked in a glaring violation of International Law and Article 15 of the Universal Declaration of Human Rights. Arbitrary arrests in the UAE are often conducted on the basis of several articles in the UAE Penal Code, despite the inherent conflict between such articles and international human rights laws. The UAE has also ignored recommendations presented in the European Parliament Resolution of 26 October 2012, which calls for the respect of all human rights and fundamental freedoms, including the freedom of expression, freedom of assembly and a reform of the UAE Penal Code ensuring it complies with international human rights laws. Article 176 of the UAE Penal Code permits a sentence of up to five years in prison for publicly insulting the State President, UAE flag or national emblem, while Article 8 of the Penal Code extends the above punishment to include insults against the Vice-President and members of the Supreme Council of the Federation. Arbitrary arrests and unfair trials are the two most frequent human rights violations perpetrated against
87 UAE citizens or foreign nationals residing in the UAE in cases involving freedom of expression. The arrests constitute various violations of international law and its guarantees for fair trial. Violations include arrests without warrant, torture, prohibitions from seeing family and lawyers and withholding information from detainees regarding their charges, despite the fact that Article 99 and 100 of the Criminal Procedure Law as well as Article 19 and 14 of the International Covenant on Civil and Political Rights guarantees, amongst other things, the right of access to a lawyer and a prompt fair trial. In failing to provide proper protection to activists and their families, authorities have committed serious violations of both local and international laws. Authorities have neglected to investigate alleged crimes and claims of torture, allowing campaigns of incitement and threats to persist against political activists. The United Nations Declaration on Human Rights Defenders declares that countries should “take all necessary measures to ensure the protection of everyone against any violence, threats, retaliation, adverse discrimination, pressure or any other arbitrary action” as a result of their participation in human rights activity. On 21st of August 2014, the UAE issued a notorious anti-terrorism law stirring fears that it would be used to target political activists. The law
consists of 70 articles in five chapters. Eleven of the articles contain crimes that are punishable by death and are defined using ambiguous language that could encompass political activists. Article 1 defines a terrorist outcome as: “Stirring panic among a group of people, killing or causing grave physical harm, or material damage to property or environment, disrupting / undermining the social domestic or international security, antagonising the State, impacting the public authorities in the State or other states or international organisations as they go about exercising their duties or receiving from the State or other states or organisations a benefit or privilege of any kind.” According to the Cairo Institute for Human Rights Study: “The terms of this definition are extremely broad. For example, “antagonising the state” could apply to the UAE or any other state or international organisation. This wide term could encompass any sort of peaceful protest that “the State or other states or international organisations” could view as antagonistic. Similarly “stirring panic” is not confined to creating a fear of violence but could be read as making a narrow group in society panic; this could mean that the group demanding peaceful change could cause panic in those who might be adversely affected by the change sought. There needs to be greater clarity and narrow, more focused, definitions if this law is to be applied in a just way and serve its purpose as anti-terrorism legislation.”
88
HUMAN RIGHTS VIOLATIONS The right to freedom, fair trial and treatment •
Arbitrary arrests and forced disappearance
Many of those arrested by UAE security forces during the past few years have been held for extended periods of time without knowing the reason for their detainment and in locations unknown to all. Such arbitrary arrests and forced disappearances have become rampant. A number of letters smuggled from prison speak about incidents of torture and brutal questioning techniques at undeclared detention centers. During court hearings other detainees revealed that they have been tortured at secret State Security Detention Centres. According to International Law, forced disappearance occurs when authorities detain an individual then deny holding him in custody or refuse to reveal where he is being held. According to the 1992 Declaration on the Protection of All Persons from Enforced Disappearance: “Enforced disappearances occur when persons are arrested, detained or abducted against their will or otherwise deprived of their liberty by officials of different branches or levels of Government, or by organised groups or private individuals acting on behalf of, or with the support, direct or indirect, consent or acquiescence of the Government, followed by a refusal
to disclose the fate or whereabouts of the persons concerned or a refusal to acknowledge the deprivation of their liberty, which places such persons outside the protection of the law.” Article 10 of the International Covenant on Civil and Political Rights and Article 20 of the Arab Charter for Human Rights stipulate that all persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person. The Inter-American Court for Human Rights described isolation for extended periods and holding detainees incommunicado as a crime against humanity. The European Court of Human Rights also condemned forced disappearances and the suffering they inflict on both the detainees and their families. Cases included the following: 1. On 13th November 2014, seven security officers raided the home of the Egyptian national Abdulrahim Mohammed Yusuf Nouraddin, the brother-in-law of Sayyed Ahmed who was arrested earlier in the month. Officers searched Nouraddin’s house without a warrant, before taking him away. His family was not informed of his arrest. 2. On 26th November, UAE security services arrested the Yemini national Abdulmalik Abduwahab al-Husami, an academic at Al Ain University. AlHusami was taken from his home without reason and his whereabouts
89 remains unknown. 3. On 3rd March, State Security Court sentenced the Qatari national Dr Mahmoud Al-Jaidah to seven years for supporting the al-Islah group, an organisation banned in the UAE. The court also sentenced Abduwahid AlBadi and Saeed Al-Braimi in July 2014 to five years for their membership with al-Islah. Before their sentence, Al-Badi and al-Braimi were taken to a secret location where they were tortured. 4. On 2nd February, the UAE security forces arrested the political activist and Islamic preacher Sheikh Saud Kleib and sentenced him to three years on accusations related to freedom of thought and expression under the defamed law of cyber-related crimes. The detained political activist was held incommunicado for six months. 5. On 26th February, Abdul-Rahman al-Jaidah was arrested without a warrant at the airport on his way from Thailand to Qatar, where he worked as a director at Qatar Petroleum. He was not allowed to contact his family until 8th March to inform them of his safety. 6. On 5th May, security forces abducted Sheikh Sultan bin Kayed alQassimi, leader of the al-Islah society and Sheikh Haad Ruqeit, in addition to seven other nationals who later had their citizenship revoked. State security court sentenced al-Qassimi to 10 years imprisonment on 2nd July. 7. On 16th May, authorities arrested
German author Jörg Albrecht for allegedly spying during a visit to the Abu Dhabi International Book Fair after having taken photos outside his hotel. He was held by the police for three days and released on bail. He later gave an interview to a German television channel during which he spoke about being tortured and abused in a prison in Abu Dhabi. Among the buildings he photographed were the embassies of Iran and Iraq. In a petition signed by more than 7,000 writers and artists, the signatories revealed: “Jörg Albrecht was imprisoned by the Abu Dhabi secret police for three days. During this time, he was refused access to a lawyer. He was unable to inform anyone of his situation for over 30 hours. During this period, other Swiss and German writers on the same exchange programme with the Abu Dhabi book fair, Jörg Albrecht’s editor Thorsten Ahrend, and the German embassy in Abu Dhabi tried in vain to gain information on his whereabouts.” 8. On 27th June, UAE authorities arrested the Qatari nationals 30-year old Yusuf Abdulsamad Abdulghani al-Mulla and 33-year old Hamad Ali Mohammed al-Hamadi. Eye witnesses told the Qatari authorities that UAE officials had detained them at the UAE al-Ghuwaifat bordert. It is not known why the men were arrested, since each of them had previously visited the UAE many times without incident. Since their arrest, the men have not contacted their families and the
90 families have been unable to contact them.
Abu Dhabi where they have been kept at an unknown location.
9. On 29th August, UAE authorities arrested more than 30 Libyans including two businessmen and an employee at the Al-Jazeera news channel. According to Middle East Eye: “a source close to two of the men arrested identified them as Salem Elaradi and Mohamed Elaradi. They told Middle East Eye that the two men were both businessmen who had been residing in the UAE for more than 10 years and that their arrest was “obviously to do with political grudges,” although they both held “no political positions.”
14. On 1st May, UAE security forces arrested Ahmed Mohammed Abdulrahman al-Molla without a warrant and took him to a secret location where he remains until this day.
10. On 10th January, security forces abducted Mrs Aisha Al-Za’abi, wife of human rights activist Dr Mohammed Bin Saqir Al-Za’abi. She was released five days later without being charged. 11. On 14th March, UAE citizen Jamal Al-Hamadi resurfaced for the first time at a State Security Centre after being abducted in April 2013. Authorities had previously denied any knowledge of his whereabouts and claimed he had travelled to Turkey. 12. On 5 March, security forces released Jamal al-Hosani. Al-Hosani was arrested on 4th November 2013 by state security forces and taken to an unknown location without charge. th
13. On 8th April, security forces arrested Abdullah al-Hilo and Badr al-Bahri in Abu Dhabi for unknown reasons. The two men were taken to
15. On 7th May, state security services arrested Dr Abdullah Abdul Mo’men al-Tamimi, a Yemeni lecturer working at Ajman University. Officers took him to an unknown location and detained him without charge. He was unaware of his alleged offences. 16. On 16th June, UAE activists revealed that state security services released the Imam of a Dubai mosque who disappeared in March 2013. He was not charged. 17. On 13th December, news on social media confirmed the disappearance of the Kuwaiti Khalif al-Ajami in the UAE. According to activists, al-Ajami had travelled to the UAE 60 days prior to his arrest in Abu Dhabi. •
Torture
Article 26 of the UAE constitution prohibits torture. In 2012 the UAE ratified the UN Convention Against Torture and other Cruel, Inhuman, or Degrading Treatment or Punishment. Article 2 of the Convention stipulates that “no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability
91 or any other public emergency, may be invoked as a justification of torture.” Article 12 of the convention stipulates “each state shall ensure that its competent authorities proceed to a prompt and impartial investigation, wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction.” Detainees held in the UAE told courts that they were being systematically tortured, prompting courts to request medical reports. However, in the majority of cases such reports failed to surface and proceedings halted. The families of 14 Egyptians detained in the UAE released a statement on 30th January 2014. It complained of the list of abuses their relatives were being subjected to in UAE prisons. According to Human Rights Watch: “In handwritten letters handed to a defence lawyer in September 2013 after they had been moved out of secret detention and into al-Wathba Prison in Abu Dhabi, seven of the Egyptian detainees described the torture and ill-treatment to which they had been subjected by the State Security in secret detention. They said they had been beaten on their heads and all over their bodies with a wooden stick; forced to sit in an electric chair and subjected to electric shock to different parts of their bodies; continuously slapped and punched in the face; hung from different
parts of their bodies with metal chains and cuffs; forced to hold stress positions for long periods; and subjected to extreme temperatures. The letters also said they had been interrogated while blindfolded with their hands and feet bound and while tied to a chair; held in solitary confinement for prolonged periods in undisclosed locations; and subjected to humiliating treatment including being forced to kneel on the ground while being beaten with a stick on their backs and buttocks.” Other cases include the following: 1. On 2nd February, the UAE State Security Court sentenced political activist and Islamic preacher Saud Kleib to three years for cyber-related crimes. The court ignored claims by Kleib that he was made to disappear forcefully for six months. Kleib had complained to the judge during the first hearing in December 2012 about being brutally tortured by investigators. 2. On 23rd January, prison officials at al-Razeen Prison placed Tariq al-Qattan on the cold floor of a dirty cell while handcuffed, despite his deteriorating health condition and his urgent need for knee surgery. 3. On 11th February, the families of six detainees held at al-Razeen Prison reported that their relatives had been held in solitary confinement without food or drink. The six detainees were Ali al-Khaja, Fahd al-Hajiri, Abdullah alHajiri, Dr Hadif al-Oweis, Abdulrahman al-Hadidi and Dr Saif al-Ajala. According
92 to the families, when the detainees were brought breakfast in the morning, they refused to eat it because they were fasting. Prison officers responded by assaulting the prisoners, dislocating one detainee’s shoulder and injuring the hand of another. The families added that the detainees were taken out of solitary confinement after the evening prayer. During the evening meal, 30 Nepalese soldiers came in and took the prisoners to solitary confinement without explanation. 4. On 17th March, security forces arrested the activist Osama al-Najjar, the son of the political detainee Hussein alNajjar, because of his political activities and his support for his father. Osama was held in a secret location for three months during which he was tortured, according to a medical source at the prison. Authorities allegedly fabricated charges against him and sentenced him to three years imprisonment. He was also ordered to pay a 500,000-dirham fine on 25th November. 5. On 22nd May, the Moroccan comedian Mohammed al-Fanni accused UAE authorities of torturing him for eight days in April earlier that year. As a result, al-Fanni claimed he had lost his ability to walk properly. He described how he was tied up for hours before being taken to a prison in the heart of the desert where he remained for four days.
The right to freedoms of the press and expression The UAE Penal Code empowers authorities to crack down on press freedoms, prohibits political parties and bans any criticisms of the ruling family. In 2014, it also allowed authorities to ban UAE nationals from travelling and human rights workers from entering the country. Several newspapers and websites were also blocked. On 12th November 2012, the President of the UAE, Sheikh Khalifa bin Zayed Al Nahyan, issued the Federal Legal Decree No. 5/2012 on combating cybercrimes. The vaguely worded provisions of the decree closed off the last remaining forum for free speech in the country by empowering authorities to prosecute and jail individuals who use Internet forums for expressing political views or to organise demonstrations. Articles include: 1. Article 28: Imprisonment and a fine of up to one million dirhams (US $272,000) for anyone who uses information technology“with the intent of inciting to actions, or publishing or disseminating any information, news, caricatures, or other images liable to endanger state security and its higher interests or infringe on the public order.” 2. Article 29: Imprisonment and a fine of up to one million dirhams (US $272,000) for anyone using information technology “with the intent of deriding
93 or harming the reputation, stature, or status of the state, any of its institutions, its president or vice president, the rulers of the Emirates, their crown princes or their deputies, the state flag, national safety, its motto, its national anthem, or its symbols.” 3. Article 38: Imprisonment for anyone using information technology “who provides to any organisations, institutions, agencies, or any other entities incorrect, inaccurate, or misleading information liable to harm state interests or damage its reputation, stature, or status.” This, in essence, prohibits citizens from providing information to independent journalists and human rights organisations. Article 19 of the International Covenant on Civil and Political Rights stipulates that “everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.” Although the UAE has not ratified the Covenant, it is still binding because it is part of International Customary Law. Furthermore, International Law prohibits placing arbitrary restrictions on any media content including online content, except in clear cases of slander or defamation. The Arab Charter for Human Rights, ratified by the UAE, stipulates that “everyone has a guaranteed right to
freedom of belief, thought and opinion and that no restrictions shall be placed on the rights and freedoms recognised in the present Charter except where such is provided by law and deemed necessary to protect the national security and economy, public order, health or morals or the rights and freedoms of others.” It also provides for all citizens to have the right to freedom of peaceful assembly and association and stipulates that no restrictions shall be placed on the exercise of this right unless so required by the exigencies of national security, public safety or the need to protect the rights and freedoms of others. Cases of restriction in the freedom of press and expression include the following: 1. On 22nd January 2014, UAE authorities prevented Human Rights Watch (HRW) from holding a press conference to launch its annual report from Dubai. 2. On 24th January, authorities refused to allow the executive director of HRW’s Middle East and North Africa Division, Sarah Leah Whitson, from entering the country. 3. On 24th February, state security forces prevented the wife of the Emirati detainee, Fouad al-Hamadi, from travelling abroad without giving her any reason. 4. A source from Passport Control at Sharjah airport revealed that Mrs Hadia Mohammed Abdulaziz was not
94 allowed to leave the country. 5. On 15th February, authorities expelled eight Kuwaiti students from Sharjah University over their attempts to establish a students’ union at the university. The Union of Kuwaiti Students later announced it was closing its branch in the UAE after a number of Kuwaiti students were expelled from Emirati universities. 6. On 1st April, the Englishspeaking newspaper, The National, terminated the employment of the Ugandan Journalist, Yasin Kakande, for writing an autobiographical novel (The Ambitious Struggle: An African Journalist’s Journey of Hope and Identity in a Land of Migrants) describing the conditions of migrant workers and media censorship in the UAE. Kakande was later deported. 7. On 20th May, the UAE refused to print an international edition of the New York Times because of a report by Ariel Kaminer and Sean O’Driscoll about New York University’s building of an Abu Dhabi campus using some 6,000 migrant workers. Migrant workers, according to the report, were arrested, beaten and deported after launching a strike to protest their low wages. 8. On 20th May, the UAE announced it was imposing a lifetime ban on British lawyer, Victoria Meads, prohibiting her from entering the country. This followed her efforts to obtain information about an EU resolution critical of the UAE.
9. On 3rd August, the CEO of the Cordoba Foundation, Dr Anas Altikriti, accused Saudi Arabia and the UAE of being behind a decision issued by HSBC bank to close his accounts and those of his family members over his support for Gaza and his opposition to the coup in Egypt.