03 Aug 12 | Campaigns, Middle East and North Africa, Statements
Index joins a group of international rights groups in calling on UK Foreign Minister William Hague and US Secretary of State Hillary Clinton to push for the prisoners’ release
Since March, Emirati authorities have arrested over 50 activists and human rights defenders in a widespread crackdown on dissent.
Dear Foreign Secretary,
We are writing to draw your attention to some disturbing human rights developments in the United Arab Emirates, where the authorities have launched a campaign of arrest, arbitrary detention and deportation to repress and intimidate peaceful political activists.
Since late March, the authorities there have arrested at least 50 Emirati civil society activists and human rights defenders. In recent weeks there has been a marked escalation in the crackdown on those advocating political reform in the UAE, with two prominent human rights lawyers, Mohammed al-Roken and Mohammed al-Mansoori, amongst those detained in a spate of arrests and detentions.
Although none of those arrested have been formally charged with any offence, there are strong indications that the detentions are being linked to issues of national security. A July 15 statement by the UAE’s official news agency said Attorney General Salem Sa’eed Kubaish had ordered the arrest and investigation of “a group of people for establishing and managing an organisation with the aim of committing crimes that harm state security”. The statement also accused this group of having connections with “foreign organisations and outside agendas” and promised to “expose the dimensions of the conspiracy”.
Al-Roken is a prominent human rights lawyer in the Emirates, and has provided legal assistance to al-Islah members detained without charge since March, including a group that authorities stripped of their citizenship. In 2011 he served as co-defence counsel for two of the five activists known as the “UAE 5 ,” who were imprisoned for seven months and tried in 2011 after allegedly posting statements on an internet forum critical of UAE government policy and leaders.
Al-Mansoori is the deputy chairman of al-Islah and a former president of the Jurists’ Association. The UAE authorities dismissed him from his position as a legal advisor to the government of Ras Al Khaimah in January 2010 after he gave a television interview in which he criticised restrictions on freedom of speech in the country. They have barred him from travelling since October 2007 and have refused to renew his passport since March 2008.
On 24 July the Abu Dhabi Court of First Instance sentenced a former judge and University of Sharjah law professor, Dr Ahmed Yousef al-Zaabi, to 12 months’ imprisonment for fraud and assuming another person’s identity. Al-Zaabi’s conviction was based on the fact that his passport still registered his profession as “judge” after his public support for political reform in the UAE had resulted in him being forced into retirement. The authorities’ targeting of lawyers has discouraged members of the Emirati legal profession from offering their services, thereby denying the detained men legal assistance.
On 16 June, the UAE deported Ahmed Abd al-Khaleq, an advocate for the rights of stateless residents known as Bidun. He had been held in detention without charge or explanation since 22 May and was informed that he would be indefinitely detained if he did not agree to leave the UAE. Abd al-Khaleq is one of the UAE 5. UAE authorities charged the UAE 5 in early June 2011 under articles 176 and 8 of the UAE Penal Code, which criminalise “public insults” of the country’s top officials. They were detained throughout a seven-month pre-trial and trial process. The Federal Supreme Court convicted them on 27 November and sentenced them to between two and three years in prison. Shortly afterward, Shaikh Khalifa bin Zayed Al Nahyan, the UAE president, commuted the sentences and they were released. However, the events of recent days have again revealed the lengths to which the UAE authorities are prepared to go to curb dissent.
In January of this year, you wrote that freedom was “still flowering” in the Arab Spring and described how protection against arbitrary punishment and freedom of expression were taking hold in the region. This is manifestly not the case in the UAE, where freedom of speech is being aggressively repressed by intimidation, arbitrary detention and deportation.
We urge you and the UK government to raise these issues at the highest levels with the UAE authorities, and to criticise publicly the repression of free speech and free association, the harassment of members of the legal profession, and to call for the immediate release of the detained activists.
Yours sincerely,
Rachid Mesli, Director, Legal Department, Alkarama Foundation
Mary Lawlor, Executive Director, Front Line
Khalid Ibrahim, Acting Director, Gulf Centre for Human Rights
David Mepham, Advocacy Director, Human Rights Watch
Kirsty Hughes, Chief Executive, Index on Censorship
Read more about the UAE 5 here
21 Mar 12 | Index Index, Middle East and North Africa, minipost
Authorities in the United Arab Emirates have removed two paintings inspired by the Arab spring from an art fair. The paintings, which were appearing as part of the regional art fair “Art Dubai”, unsettled the authorities and were ommitted. A painting titled After Washing by a Libyan-born artist — showing a woman holding underwear with word “Leave” written on it — was removed. Similarly, “You were my only love” by a Moroccan artist, which depicted an incident in Egypt in which a female protester was beaten up and stripped by members of the security forces, was also banned from the fair.
28 Nov 11 | Uncategorized
The jailing of five human rights activists by a United Arab Emirates court Sunday will leave a nasty stain on the state’s elaborate upcoming 40th independence celebrations — unless the country’s ruler reverses the verdicts, annuls the charges and releases the five before the big day on December 2.
A state security court in Abu Dhabi jailed the activists on November 27 for doing no more than adding their voices online to calls seeking greater political openness in the UAE.
No appeal is permitted and a court observer representing a coalition of free speech groups including Index on Censorship found the case to be “riddled with legal and procedural flaws right from the beginning,” to the advantage of the prosecution.
Index on Censorship is urging the UAE authorities to show its commitment to international legal standards, by releasing these men without delay and appointing an independent review of why and how they came to be prosecuted and punitively sentenced on transparently politicised charges.
The five, all members of a now banned pro-reform online forum, Al-Hewar al-Emirati, were arrested in April after signing an online petition demanding political reforms, including a parliament selected by open elections.
The verdict comes days before the Emirate stages a major celebration to mark the UAE’s national day on December 2, after 30 days of exhibitions, light shows and cultural events.
Nasser bin Gaith, a trade and economics expert who has lectured at the Abu Dhabi college of Paris’ Sorbonne University and online rights activists Fahad Salim Dalk, Hassan Ali Al-Khamis and Ahmed Abdul Khaleq were all sentenced to two years each.
Ahmed Mansoor, a human rights activist and blogger was jailed for three years.
Index and the members of the coalition believe the aim is to strangle at birth any ‘Arab Spring’ type reformism or change. “Clearly, the government of United Arab Emirates has been trying to stifle any kind of criticism and pro-reform movement amidst Arab Spring in the region,” said Nabeel Rajab, the director of the Gulf Centre for Human Rights, speaking before the verdict.
Ahmed Mansoor had signed a March 2011 online petition with 132 other Emiratis, calling for direct elections to the advisory body, the Federal National Council, and for it to be turned from an advisory agency into a body with real legislative powers.
Before his arrest, Nasser bin Gaith, had written positively on his blog about the Arab Spring and its impact on economies in the Arab world, pointing out that it can bring bigger transparency, end corruption and bring back Arab professionals to their home countries.
Supported by the IFEX network of free expression groups, the coalition of rights groups called in civil liberties lawyer Jennie Pasquarella of the American Civil Liberties Union (ACLU) to monitor the trial process in September and October 2011 and attend the October 2 hearing. Coalition representatives also attended subsequent trial sessions on October 9 and 23.
Pasquarella found that “flagrant due process flaws” essentially denied the five men the right to a fair trial. The defendants have not been able to see all the documents setting out the charges against them and have not — despite repeated requests — had full access to all the evidence against them. They have also not been allowed to hold confidential meetings with their lawyers.
The first four sessions of the trial were held in secret, contravening international standards, with only UAE State Security agents allowed to attend and take notes on the trial. Pasquarella also found that there was no legal basis for the case against the men, saying that the vague laws under which the five were charged do not comply with international and UAE constitutional requirements that allow for freedom of opinion and other expression.
She also criticised the decision to prosecute the case under State Security procedures, which deprives the men of basic due process rights such as the right to appeal.
The government’s aim, she reported before the verdicts, was “to further distort the public’s understanding of this case and to create public confusion about the actual conduct at issue in this case – not state security threats, but rather allegedly insulting statements.”
The seven groups in the coalition are: Al Karama (Dignity), Amnesty International, the Arabic Network for Human Rights Information (ANHRI), Frontline Defenders, the Gulf Centre for Human Rights, Human Rights Watch and Index on Censorship.
Some observers have speculated that the activists could receive a presidential pardon as to mark the anniversary. The same day as the five dissidents were jailed, 554 minor criminals were freed, their fines and debts settled by the state as an anniversary gesture.
However the defendants have previously rejected the idea of a pardon and want the charges dropped and the case permanently thrown out.
Rohan Jayasekera is deputy CEO of Index on Censorship
