On the anniversary of the “UAE 94” trial, ICFUAE calls for the immediate release of all UAE prisoners of conscience

On the anniversary of the “UAE 94” trial, ICFUAE calls for the immediate release of all UAE prisoners of conscience

Tomorrow marks the eighth anniversary of the 2013 mass “UAE 94” trial which saw the conviction of dozens of government critics and reform activists in the United Arab Emirates (UAE).  Eight years on from the grossly unfair trial, which has been condemned internationally, only two prisoners have been released, raising concerns about the lengths to which the UAE is willing to go to suppress political activism and freedom of speech. 

The grossly unfair high-profile “UAE 94” trial was a result of the 2011 petition, which saw 133 academics openly advocate for democratic reform in the UAE. The petition called for elections, an independent judiciary and more legislative powers for the Federal National Council. Despite peaceful advocacy, of the 133 well-known Emiratis who signed the petition, including former government officials, journalists, lawyers, judges and student activists, 94 were subjected to harsh measures from the authorities including enforced disappearances and torture in secret detention facilities with limited access to the outside world. 

The trial began on March 4th 2013 and concluded on July 2nd of the same year. Relying heavily on evidence acquired through forced confessions, the court convicted sixty-nine of the ninety-four accused; five defendants were given seven years in prison, fifty-six defendants were sentenced to ten years, and eight defendants (tried in absentia) to fifteen years, with the remaining twenty-five being acquitted. The group was tried in the Federal Supreme Court to ensure that they could not appeal to a higher court. Moreover, despite the defendants highlighting to the court the visible signs of torture they had been subjected to during the pre-trial detention, the presiding judge failed to order an independent investigation into these allegations. Furthermore, as recently highlighted by the UN, access to legal counsel during the “UAE 94” trial also was severely curtailed. Not all the defendants had an opportunity to see a lawyer before the trial, and none of the defendants or their lawyers received documents in good time so as to prepare an effective defence. The International Commission of Jurists conclusively found the proceedings had fallen “well below international fair trial standards”.

Since the “UAE 94” trial, freedom of expression in the UAE has been further restricted through the development of a sophisticated police state endowed with highly specialist surveillance equipment obtained from Western allies, including the United Kingdom. Ambiguous legislation such as the 2012 Cybercrime Law and 2014 Anti-Terrorism law have also proven to be a powerful legislative tool in cracking down on dissent.

Since the arrests of these activists, numerous international organisations have spoken out condemning the detention, torture and unfair trial which the 94 activists have been subjected to. The UNHRC Working Group on Arbitrary Detention has criticised the trial for its use of arbitrary detention, signalling that these detentions were motivated by “the exercise of their rights to freedom of opinion and expression and to freedom of assembly and association.” Equally the EU Parliament and most recently the UN Special Rapporteur for the Situation of Human Rights Defenders, Mary Lawlor, have called for the immediate release of these wrongly convicted political prisoners. Mary Lawlor, focusing on five detainees, has highlighted the poor treatment of these political prisoners. She observes Mohamed al-Mansoori, Hassan Mohammed al-Hammad, Hadif Rashed Abdullah al-Owais, Ali Saeed al-Kindi and Salim Hamdoon al-Shahhi have been placed in solitary confinement for long periods of time without air conditioning despite temperatures rising above 40C and thus calls for their immediate release. These men, who form part of the “UAE 94”, have been living in unbearable conditions for eight gruelling years in Abu Dhabi’s notorious Al-Razeen prison; a high security facility known to hold the majority of UAE’s circa 200 political prisoners. 

Crucially, another prominent lawyer sentenced at the conclusion  of the “UAE 94” trial was Dr Mohammed Al-Roken. Al-Roken, much like the majority of the sixty-nine activists,  has been detained for almost nine years for his courageous work as a human rights lawyer. He too has also been subjected to gross accounts of torture including solitary confinement, enforced disappearance and exposure to constant illumination.

Eight years on from the grossly unfair mass trial, ICFUAE calls on the UAE authorities to respect basic civil and political rights, including freedom of expression, association and peaceful assembly, and to release all political prisoners who were convicted during the “UAE 94” trial. Beyond this, we urge the UAE authorities to release bloggers and online-activists who shared sympathy with political detainees, end oppression and persecution of political detainees’ families. We also call for independent and impartial investigations into prisoners’ allegations of torture, and that those found responsible be held to account. 

 

ICFUAE statement: 

On tomorrow’s eight-year anniversary since the sixty-nine unjust convictions of the grossly unfair mass “UAE 94” trial, ICFUAE urges the UAE authorities to unconditionally release these prisoners of conscience without further delay. 

Dr Mohammed Al-Roken, human rights activist and lawyer, is set to be released next year on 17th July 2022. ICFUAE urges the UAE authorities to guarantee the unconditional release of Al-Roken on this scheduled day and refrain from an indefinite detention; the incarceration of an arrested individual for an unspecified amount of time without trial. Currently there are nine prisoners of conscience held beyond their sentence in the UAE with no knowledge of their release date. ICFUAE urges the Emirati government to refrain from using this method allowing Al-Roken to be released on the terms of his sentence. 

Al-Roken’s peaceful advocacy of human rights, democracy and the implementation of the rule of law should not have warranted his arrest, conviction and ten-year sentence. His discriminatory sentence and unfair trial reflects the UAE’s increasingly authoritative control over political and social dissidents. 

The Emirati government needs to recognise its constitutional responsibility to uphold and respect human rights. To demonstrate its true commitment to human rights and fundamental freedoms, the UAE authorities should not only guarantee the unconditional release of its prisoners of conscience but equally refrain from extending sentences indefinitely. 

 

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