UAE: Human rights observers blocked from entering country worsens fair trial concerns in the 'UAE94' case
Abu Dhabi - Ninety-four peaceful activists are due to be brought before the Federal Supreme Court in Abu Dhabi tomorrow morning, Monday 4 March 2013, on state security offences. Limited access to lawyers, withholding of evidence and details on the charges by the State Prosecution, no right to appeal the court's decision, detentions in undisclosed locations... Before the trial even began, flagrant flaws in the 'UAE94' case have been reported, recalling the irregularities which marred the case of the 'UAE5' in 2011. The refusal to allow Ms Noemie Crottaz, from the Alkarama Foundation and Mr Ahmed Nashmi Al Dhufeiri, Amnesty International lawyer, to enter the country in order to observe the trial aggravates our concerns about the fairness of this trial.
The 94 defendants will be not granted the right to appeal, as decisions issued by the Federal State Supreme Court are final.
The 94 defendants include two prominent human rights lawyers, Dr Mohamed Al Roken, who received the 2012 Alkarama Award for human rights defenders, and Dr Mohammed Al Mansoori. Other detainees include peaceful activists as well as 13 women. Twenty of the 94 were presented by the authorities as 'absconders' (ie not in detention); however, 8 of them have been arrested over the past 3 days by the state security services.
At least 64 of the 94 detainees, who were arrested between March 2012 and December 2012, have been held since their arrest in an unknown location. Families of the victims report that from last autumn, they have been granted 30 minute-visits at the State Security Prosecutor's office in Abu Dhabi every time their loved one's detention order was renewed. At least 6 of the detainees, including Dr Al Roken' son and son-in-law, allege to have been subjected to torture in detention.
As strict conditions were imposed on families to attend the opening hearing (two relatives for each male defendant, one for each female), other requests to attend the trial have not yet been granted and it is unclear whether or not the hearing will be public. According to Emirati criminal procedure law, the trial should be open to the public.
The refusal to allow entry to two representatives from Alkarama and Amnesty International in the last 24 hours raises concerns for the other organisations which have sent human rights observers to the UAE to attend the trial. Yesterday evening, Noémie Crottaz was blocked at immigration upon arrival at Abu Dhabi International Airport. Ms Crottaz, who was part of the delegation who observed the 'UAE5' trial in 2011, was told by an officer from the immigration service that she had been denied entry into the country without any further explanation or details.
Earlier today, the representative sent by Amnesty International, Mr Ahmed Al Dhufeiri was denied access to the country in similar circumstances. There does not appear to be any way to obtain this decision in writing, or to formally protest against the measure, and it is unclear whether this refusal is permanent or simply temporary during the period of the trial. A source indicated that this is a common practise, used by the Emirati security services, to prevent the entry of persona non grata.
Human rights violations against the defendants, lack of respect of fair trial guarantees as well as blocking of entry of two human rights observers aggravates our concerns that the 94 victims will be subjected to an unfair trial.