UAE’s Judge Muhammad Hamad Abd al-Qadir violates legal standards and ignores credible claims of torture

Union Supreme Court Judge Muhammad Abd al-Qadir dismissed credible torture claims by members of the 2013 UAE 94 trial. The trial involved 94 disparate individuals being charged with lengthy prison sentences, after they advocated for democratic reform in the wake of the Arab Spring. However, a loose association with the political group al-Islah enabled state authorities to brand the activists as a security threat, leading to their being charged with attempting to overthrow the UAE government.

Members of the UAE 94 included award-winning lawyer and human rights activist Mohammed al-Roken, and public servant and father of six Abdulsalam Darwish al-Marzooqi, both of whom remain imprisoned in the UAE.

After being seized, the group were detained en masse, forcibly disappeared, and - on the orders of Judge al-Qadir - held incommunicado for prolonged periods.

During their detainment and before they had been charged with any crimes, Abd al-Qadir ordered that many of the accused were subjected to extended pre-trial detention, despite knowing that they were being held in an unofficial detention centre. In taking such actions, the judge disregarded both international due processes and UAE law.

In many cases - including those of al-Roken and al-Marzooqi, Judge Al-Qadir also extended the pre-trial detention period without the presence of either the detainees or their lawyers, thus violating the UAE Criminal Procedure Law which affords defendants the right to be present in such proceedings. In al-Marzooqi’s case, the judge extended the pre-trial detention five times before any charge was made.

Abd al-Qadir also outright ignored statements of ongoing torture and abuse made by detainees. Although such claims were strongly supported by visible signs of bodily harm and ill-treatment, the Judge chose not to make any investigations, nor seek any protective actions. Abdullah Alaoudh, Gulf Director at DAWN states that "Abd al-Qadir seems to have chosen his position and salary over his conscience" by punishing detainees, instead of security forces.