The UAE lack of transparency regarding Mr. Obaid Yousef al-Zaabi arbitrary of transparency
The International Centre for Justice and Human Rights (ICJHR) has been informed that theUnited Arab Emirates (UAE) authorities have responded on June 20, 2016, to the letter sent by the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and the Special Rapporteur on the situation of human rights defenders (letter no. AL ARE 1/2016, published on September 9, 2016, in the Communications report of Special Procedures, A/HRC/33/32) inquiring about the arbitrary detention of Mr. Obaid Yousef al-Zaabi at the Sheikh Khalifa Medical City Hospital, in Abu Dhabi, despite his acquittal on June 23, 2014.
The UAE government justified in the above mentioned letter holding Mr. al-Zaabi in a psychiatric center for his personal safety due to medical reasons, as he was allegedly diagnosed with a bipolar mental disorder and allowed to family visits.
The ICJHR would like to show the shortcomings in the arguments and justifications of the United Arab Emirates response:
- The UAE government arrested Mr.Obaid al-Zaabi on December 12, 2013, and transferred him later in the prisoner ward of Sheikh Khalifa Medical City Hospital, in Abu Dhabi, as he was suffering from Rheumatoid arthritis that caused him difficulty in walking and severe body aches, and made him take large doses of different drugs. It is relevant to note that the Sheikh Khalifa Medical City Hospital is not a psychiatric hospital as claimed by the officials.
- Mr. Obaid al-Zaabi still remains detained despite his acquittal on June 23, 2014. As there is no legal ground for his current detention, his situation falls under the definition of an arbitrary deprivation of liberty, in clear violation of Principle 4 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment
- Mr. Obaid al-Zaabi can receive family visits only with the permission of the State Security Apparatus that allowed him to see his relatives once in three months. In fact, in the past year, he only received between four to six visits that lasted approximatively half an hour.
- The UAE authorities banned the mother of Mr. Obaid al-Zaabi from seeing and visiting her son. Mr. al-Zaabi was not aware of his mother’s death until the sixth day of her passing on September 8, 2016 since the authorities did not inform him. He therefore was not allowed to attend his mother's funeral and mourn her loss.
- Mr. Obaid al-Zaabi was abused, mistreated and prohibited from using any crutch to help him walk, and forced to use only a wheelchair which impacted his health and impaired his walking.
- The UAE officials have given an ambiguous and contradictory response to the Special Rapporteurs’ inquiry on Mr. Obaid al-Zaabi medical status when confirming, on one hand, the improvement of his health status and insisting, on the other hand, on keeping him in the hospital without due process.
- The Emirati government has prohibited Mr. Obaid al-Zaabi from making any judicial appeal against his arbitrary detention in a psychiatric hospital and deprived him from his right to counsel. which is guaranteed under the Principle 11 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment: “
The International Centre for Justice and Human Rights therefore urges the United Arab Emirates authorities to:
- Immediately and unconditionally release Mr. Obaid al-Zaabi from his cell in the psychiatric hospital and grant him his full right of reparation and rehabilitation.
- Conduct a serious, fair and transparent investigation into the rights’ violations of Mr. Obaid al-Zaabi which affected his personal safety, freedom and dignity as well as hold accountable all those involved in these violations and bring them before an independent and impartial judiciary.
- Give accurate information on the situation of Al- Zaabi and the reasons for his arbitrary detentionto the Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression and the Special Rapporteur on the Situation of Human Rights Defenders
