UAE mass trial raises concerns
Human Rights Watch (HRW) today accused the United Arab Emirates (UAE) authorities of conducting an unfair mass trial that raises serious due process concerns.
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According to the human rights group, the trial has seen many of the defendants held in prolonged solitary confinement, which can amount to torture.
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In December 2023, during the United Nations Climate Change Conference (COP28), Emirati authorities brought terrorism-related charges against at least 84 individuals allegedly linked to the Committee for Justice and Dignity, a group founded in 2010.
Those charged include prominent activists and dissidents already serving lengthy prison terms on abusive charges, including Ahmed Mansoor, a prominent human rights defender; Nasser bin Ghaith, an academic; Khalaf al-Romaithi, a businessman; and others convicted in the UAE94 case, which also targeted the Committee for Justice and Dignity.
In that case, in 2013, the UAE tried 94 activists, lawyers, students, academics, and other government critics. The trials resulted in prison sentences for more than 60 people, many of whom remain in prison.
Concerns about due process in the current case include restricted access to case materials and information for the defendants, limited legal assistance, judges directing witness testimony, violations of the double jeopardy principle, credible allegations of serious abuse and ill-treatment, and closed hearings.
In a statement on January 6 of this year, Emirati authorities accused the 84 defendants of “establishing and managing a secret terrorist organization in the UAE known as the ‘Committee for Justice and Dignity.’”
The charges appear to be based on the UAE’s 2014 counterterrorism law, which sets out punishments including life in prison and even death for establishing, organizing, or leading terrorist entities, the group said.
Human Rights Watch interviewed informed sources and representatives of the Emirates Detainees Advocacy Centre (EDAC) remotely between late March and April 2024.
HRW’s research found that many of the defendants have been held incommunicado and in solitary confinement for at least 10 months. Phone calls and family visits were banned for between 10 months and a year, except for brief phone calls in December 2023 informing family members of the new case and instructing them to hire lawyers.
The defendants have repeatedly described abusive detention conditions, including physical abuse, lack of access to necessary medical care and medication, constant loud music, and forced nudity, the group said.
HRW said that Emirati authorities should investigate the alleged abusive conditions. The authorities should hold accountable those responsible for any unlawful acts and provide the defendants with adequate medical care without delay.
The mass trial has been shrouded in secrecy, and Emirati authorities have prevented the defendants’ lawyers from having meaningful access to the case file and court documents.
HRW said that the UAE’s allies, including the United States and the United Kingdom, should send diplomatic representatives to attend upcoming trial sessions to monitor due process violations.
“No one knows who is on the list, no one knows who these 84 people are … even those who attended the trial don’t know,” one family member told Human Rights Watch.
By charging several individuals convicted in the UAE94 case, HRW said, there are concerns that the UAE authorities are violating the principle of double jeopardy, which prohibits trying people twice for the same offense after they have been finally convicted or acquitted.
The prosecution in the current case has not provided any new evidence, and the evidence presented in recent hearings is based entirely on the UAE94 trial, EDAC said.
“It’s the same case from 2013, there is no new evidence, and it’s the same accusations,” said a family member of one of the defendants.
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