ICJHR calls for Abdouli siblings' immediate release
The State Security Chamber of the Federal Supreme Court has issued its verdict on the Alabdouli siblings on Monday, October 31, 2016. Mr. Mos’ab Mohammed Alabdouli, a husband and father of two, was sentenced to seven years in prison and the confiscation all of his electronic devices. His sister and mother of five, Ms. Amina Alabdouli, was condemned to a five-year prison sentence and a 500,000 dirham fine (US$ 136,000) in addition to a confiscation of her electronic devices. The judgement was based on the Federal Law No. 7 of 2014 on Combating Terrorist Offences.
We recall that the State Security Apparatus arrested Amina and Mos’ab Alabdouli on November 2015 and transferred them, while blindfolded, to an unknown detention place where they were prevented from their right to counsel and family visits, which increased the risk of being subjected to torture and ill-treatment.
On March 2016, the United Arab Emirates (UAE) authorities released previously arrested, Mr. Walid Alabdouli after four months of enforced disappearance with no trial or charges and freed their sister, Ms. Moza Alabdouli, who was acquitted of all charges, which were deemed by the court as malicious and lacking of evidence.
Furthermore, the Working Group on Enforced or Involuntary Disappearances has pledged to look after the case of Amina and Mos’ab Alabdouli regarding their enforced disappearance and their transferring to an unknown detention place, as well as their deprivation from all the guarantees following a complaint issued by the International Centre for Justice and HumanRights (ICJHR).
The ICJHR would like to emphasize that the State Security Chamber of the Federal Supreme Court is an exceptional judiciary, in which the verdicts are final and cannot be appealed, in addition to the fact that the judges are subordinate to the executive authority regarding their careers and disciplining.
Furthermore, the ICJHR has examined Amina and Mos’ab Alabdouli’s deprivation of all fair trial guarantees including especially the right to counsel, the presumption of innocence, the exclusion of confessions extracted under torture and other humiliating or degrading treatment of dignity and the right to the double hearing principle.
The ICJHR also affirms that the Federal Law No. 7 of 2014 on Combating Terrorist Offences has violated their human rights and rule of law guarantees. Moreover, the text of the law deviates from the principle of legality of offenses and sanctions and infringes the provisions of the UAE’s constitution and other international related covenants.
The International Centre for Justice and Human Rights therefore calls on the UAE officials to:
1. Immediately and unconditionally release Mos’ab and Amina Alabdouli,following the release of their brother Walid Alabdouli without charges or the trial and acquittal of their sister Moza Alabdouli of all charges. Two cases that were considered by the judge as insufficient and lacking of evidence.
2. Open a quick and serious investigation by an independent body into the arbitrary arrest of Amina, Walid, Mos’ab and Moza Alabdouli and into their exposure to torture and enforced disappearance. Condemn all person responsible for their sufferings and enable the Alabdouli siblings to their right to reparation and rehabilitation.
3. Provide all fair trial guarantees for the detainees, including the right to have a counsel, the presumption of innocence, the exclusion of confessions extracted under torture and other ill-treatment and the right to the double hearing principle.
4. Put an end to the arbitrary arrest of people, refrain from putting them in secret detention locations and stop preventing them from communicating with their lawyers and family, in clear violation of international Human Rights Principles that guarantee liberty and security of persons.
