Human Rights Lawyer in Jail – Dr. Mohammed al-Roken
On 10 December is Human Rights Day. The date was chosen to honour the Universal Declaration of Human Rights which was adopted and proclaimed by the United Nations General Assembly on 10 December 1948. Human Rights Day was established in 1950. The United Nations and many human rights organisations mark this day with conferences, meetings, cultural events and exhibitions dealing with human rights issues. Also Amnesty International “Write for Rights” campaign is in December around Human Rights Day.
On the occasion of Human Rights Day, I want to highlight the fate of three men whose profession and passion are the defence of human rights. All three are human rights lawyers and all three are currently in prison for their work: Dr. Mohammed al-Roken (UAE), Waleed Abulkhair (Saudi Arabia) and Abdolfattah Soltani (Iran).
1. Dr. Mohammed al-Roken
Date of birth: 26 November 1962
Country: Dubai, United Arab Emirates (UAE)
Profession: Academic, former professor of constitutional law, former president of UAE Jurists Association, member of many further legal associations and human rights lawyer. Dr. Al-Roken holds an PhD in Constitutional Law from the University of Warwick, Coventry, UK.
Arrest: 17 July 2012, only hours after his son and his son-in law were arrested.
Trial: The trial against Dr. Al-Roken began in March 2013. It was a mass trial against 94 people, therefore it is also know as UAE94. The group of defendants included human rights lawyers, academics, judges, teachers and students. Many belonged to the Reform and Social Guidance Association (Al-Islah) which had called for more democracy in UAE.
There were altogether 14 hearings which took place on various dates between 4 March and 2 July 2013. 86 defendants pleaded non guilty and 8 were tried in absentia.
The trial and the pretrial detention were unfair and affected by several human rights violations, including
- Rights on arrest: Most detainees were not informed about the reason for their arrest and did not have prompt access to a lawyer.
- Right to liberty: All defendants were held in solidary confinement at secret places and were denied contact with their family and their lawyers. The family of the defendants were not informed and sometimes did not know their whereabouts for months.
- Prohibition against torture: Many defendants said that they were tortured to get them to confess “their crimes” and some said that signatures on confessions were forged
- Right to fair trial: The hearings were not held in public. Several defendants did not have access to defence lawyers. There were only seven defence lawyers in the case and they did not get the evidence in time to prepare appropriately. Dr. Al-Roken handed in a paper on 26 March in which he requested the defendants to be allowed to access the case papers. This application was declined. The defendants did not have the right to call and examine witnesses.
- Right to appeal: All defendants were denied the right to appeal the judgement.
Charges: Founding and administrating an institution aimed at overthrowing the government pursuant to Art. 180 Federal Penal Code (UAE)
Sentence: The highest court of the United Arab Emirates sentenced Dr. Al-Roken on 2 July 2013 to a 10 year prison sentence. 55 other defendants were also sentenced to 10 years in prison, 5 others were sentenced to 7 years in prison and the 8 who were tried in absentia were sentenced to 15 years in prison. 25 accused were acquitted.
Background: Dr. Mohammed Al-Roken has acted as a human rights lawyer for individuals but also for organisations like Amnesty International for around two decades. For years he was targeted for his human rights activities. Since 2006 he was arrested and detained several times, his passport was confiscated and he was placed on travel ban. In March 2011 113 UAE citizens signed a petition which asked the government for more democracy in line with the constitutional provisions. The signatories included Dr. Al-Roken and also Ahmed Mansoor, a prominent human rights activist. In April 2011 Ahmed Mansoor and four other persons were arrested. Dr. Al-Roken served as one of the defence lawyers in this trial (UAE 5) and was also defence lawyer in other important trials.
Current situation: Dr. Al-Roken is in Abu Dhabi’s al-Rezin prison. Amnesty International reports an incident in November 2015 when the prison authorities installed loud speakers in each block and played extremely loud propaganda music for hours. Dr. Al-Roken had a panic attack, high blood pressure and an ear infection. Amnesty International says that his health has now improved. He and other prisoners are still subject to insults and degrading treatment and his family members are harassed.
Further information: Amnesty International issued on 23 September 2016 an appeal with further information about Dr. Al-Roken and other UAE activists who were tried in the UAE 94 trial. Please read and share this appealand take action for them. More information about the UAE 94 trial and details about the human rights violations can be found in a report by FIDH, Gulf Centre for Human Rights and other organisations and a report by International Commission of Jurists.