Authorities unveil new charges on detained human rights activists, during global climate summit.
This statement was originally published on gc4hr.org on 13 December 2023.
The Gulf Centre for Human Rights (GCHR) urgently appeals to United Nations special procedures, UN Member States and the European Union to call on the United Arab Emirates (UAE) to drop new fabricated terrorism charges against 87 Emiratis, including over 60 activists belonging to the “UAE94” who are being held in prison past the end of their sentences, as well as GCHR’s Board member Ahmed Mansoor, and academic Dr. Nasser Bin Ghaith. If convicted of the new charges, they could face life imprisonment or the death penalty. The case is all the more shocking because the first hearing began while the UAE is hosting the COP28.
An Emirati source told GCHR that none of the accused are alleged to have committed any new crimes, but are being accused in connection with previous charges. The source said, “It’s a clear attempt by the authorities to keep them in prison.” The source explained further by saying, “Although there are charges of membership of a group, some of them faced these charges already, so this new charge is illegal. They can’t be brought to court on the same charges.” It also impacts exiles outside of the country according to reliable reports.
On 7 December 2023, the first hearing was held at the Abu Dhabi Federal Appeal Court in the case of 87 individuals charged with allegedly establishing a terrorist organisation, supporting and/or financing it, under the UAE’s anti-terrorism law.
Of the 87 defendants, 43 are charged with establishing the organisation and another 44 are charged with supporting and financing it. Mansoor, who was arrested on 20 March 2017 and sentenced to 10 years in prison in May 2018, and Dr. Bin Ghaith, who was sentenced on 29 March 2017 to ten years in prison, are among those accused of supporting this organisation.
At the first hearing, the authorities didn’t allow the defendants the right to appoint independent lawyers, but provided them with state attorneys, who had no files on the case, nor were they able to meet with the defendants, and were thus not able to defend them at the hearing on 07 December 2023. The next hearing will be on 14 December 2023.
The Federal Appeal Court is run by the State Security Apparatus, but the charges are preliminary, and should the defendants be convicted, their appeal could go to the highest court, the Federal Supreme Court.
The Federal Law No. 7 of 2014 on Combating Terrorism Offences imposes the death penalty or life imprisonment for establishing or heading a terrorist organisation and defines terrorism as “any act that spreads terror or harms the public or Heads of State or Government officials or seeks to destabilise the general order of society.”
Among the 87 people who have been falsely charged with terrorism are at least three exiled Emiratis who had previously been put on a terrorism list, including Hamad Al-Shamsi, Executive Director of the Emirates Detainees Advocacy Center (EDAC), and Ahmed Al-Shaibah Al-Nuaimi.
EDAC said it “is highly troubled by the UAE’s apparent fabrication of new charges to extend the sentences of those already released, reflecting the Emirati authorities’ ongoing suppression of dissent and civil society,” and noted that “UAE87 marks the second-largest political mass trial in the UAE’s history after the UAE94 case.”
Among those charged is the detained brother of Ahmed Al-Nuaimi, who spoke via video at COP28 and said on X, “Today, for the first time in 11 years, I delivered my speech in the #UAE. I spoke about the news that shocked the attendees, which is that #prisoners of conscience in the Emirates were subjected to a new trial after they completed their sentences. Imagine that you finish your sentence, which is 10 years, and instead of being released, you go to a new trial whose sentences may be the same as those you spent in prison. What mockery of human rights in this country?! And by what law do they rule? May God fight injustice and oppressors.”
In a joint appeal by GCHR, EDAC and 21 other NGOs issued in August 2023, we called for the release of all human rights defenders and activists, including over 60 who had completed their sentences, ahead of COP28 in the UAE.
The majority of the people being held beyond their completed sentences are part of the “UAE94”, a group of government critics who were arrested in 2012 after signing a reform petition, and sentenced to between seven and ten years in prison after a grossly unfair mass trial in 2013. They include human rights lawyers Dr. Mohammed Al-Roken and Dr. Mohammed Al-Mansoori.
While COP28 was being held in Dubai between 30 November and 12 December 2023, human rights groups including Amnesty International and Human Rights Watch, organised a protest on 9 December 2023 to call for freedom for detained Emirati human rights defenders, including Khaled Al-Nuaimi, Mansoor, Dr. Al-Roken, Dr. Al-Mansoori and Mohamed Al-Siddiq, a member of the UAE94. They were only allowed to protest after removing details of their cases.
On 11 December 2023, UN Special Rapporteur on the situation of human rights defenders (HRDs) Mary Lawlor said on X, “Appalled to hear of new terrorism charges against detained #UAE HRDs Mohamed Al-Roken, Salim Hamdoon al-Shahhi & Hadif Rashed al-Owais, whose sentences expired over a yr ago & are held in poor conditions with no family contact. The UAE cannot parade itself as a defender of rights.”
Despite repeated calls by human rights organisations and international mechanisms over the past years, the UAE authorities have not allowed international experts or independent monitors access to Ahmed Mansoor or other human rights defenders in prison, and members of the UAE94 have been denied contact with their families since April 2023. Such visits would, at least, provide independent verification of his true situation, and pending his release, could lead to improving his prison conditions.
Recommendations
Once again, GCHR calls on the international community, especially governments that have influence in the Emirates, such as the United States of America, United Kingdom, and the members of the European Union, in addition to all United Nations mechanisms to:
- intervene immediately with the UAE authorities to visit all detained human rights defenders, to ensure their health and physical safety; and
- call on the UAE authorities to drop the new charges against human rights defenders including members of the UAE94, Ahmed Mansoor and Dr. Nasser Bin Ghaith, and release them immediately and unconditionally.
Act now!
Please circulate widely the news about the new charges laid against prisoners of conscience, including those who are still in detention despite the expiration of their sentences, and tweet the appeal to the UN Special Procedures and governments with influence to request their intervention.
Contact Information:
- United Nations Special Rapporteurs: @UN_SPExperts
Mary Lawlor, UN Special Rapporteur on the situation of Human Rights Defenders @MaryLawlorhrds
Clement Voule, UN Special Rapporteur on Freedom of Assembly and Association @cvoule
Ben Saul, UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism @profbensaul
Irene Khan, UN Special Rapporteur on Freedom of Expression @Irenekhan
- European Parliament Subcommittee on Human Rights @EP_HumanRights
- US State Dept @StateDept
- UK Foreign, Commonwealth & Development Office @FCDOGovUK
- Please also contact your country’s Ministry of Foreign Affairs, or your country’s embassy or consulate in the UAE. Check out the list here and then find it on X.
