Health of UAE94 hunger strikers deteriorates and Cyber Law used to target human rights defenders
19/09/2013
The Gulf Centre for Human Rights (GCHR) expresses serious concern at the situation of 18 of the UAE 94 who are on hunger strike as their health is rapidly deteriorating. Six of them began the hunger strike on 31 July , two on 11 August and ten on 18 August 2013 in protest against alleged mistreatment by the Al-Razeen prison authorities.
Amongst them is prominent human rights defender and lawyer Dr. Mohammed Al-Mansoori who fainted on a number of occasions and was administered glucose in the prison clinic. He is reportedly refusing any medical intervention until the authorities answer the demands of the hunger strikers. Two other hunger strikers, Ali Al-Kindi and Ahmed Al-Qobaisi were hospitalised on 21 August as a result of the hunger strike they started on 31 July. Jumaa Al-Felasi, who began his hunger strike on 11 August, collapsed in prison injuring his head. He was taken by fellow prisoners to the jail clinic where his wound was bandaged and he was given glucose. However, he was not brought to hospital.
The 18 men are striking in protest hunger against alleged mistreatment by the Al-Razeen prison authorities. It is reported that Dr. Mohamed Al-Mansoori was beaten by prison guards and his shoulder was dislocated and this precipitated the protest. The ill treatment suffered by prisoners include beatings by prison guards, restrictions on family visits, having the air conditioning turned off in very hot weather, being barred from group prayer, having the windows of their cells painted black and shut completely, having their calls monitored and disconnected if they talk about certain subjects. Furthermore, their families are now being targeted as they have been refused permission to visit when they reach the prison having driven for between three to five hours in the sun and heat, despite the fact that they have written permission from the Prosecutor to enter and visit the detainees.
All those on hunger strike are serving between seven and ten-year prison sentences having being convicted in the much-criticised UAE 94 trial. (For further information please see GCHR appeal dated 28 August 213 following the trial https://www.gc4hr.org/news/view/477).
As part of a continued crackdown against human rights activists in the UAE, human rights defenders are being subjected to the Cyber Crimes Law being arbitrarily use against them.
Human rights defender Waleed Al-Shehhi is due to appear in court on 30 September 2013 to face charges under the Cyber Crimes Law. He is being charged under articles 24, 29 and 41 of the Cyber Crimes Law and 262 of the penal code which relates to insulting the judiciary for comments he made on Twitter. He could face up to 15 years’ imprisonment and a fine of up to 1 million dirhams (212,000 euros) under Article 29.
The on-line postings referred to proceedings against newly detained members of Al-Islah (The Reform and Social Guidance Association), stating that they had been held incommunicado for a week before being transferred to Al-Wathaba prison and expressing concern at the trial of the UAE94. According to information received, the postings referred to in the case trial contain no direct insult to either the judiciary or any state body. The human rights defender was arrested on 11 May 2013. He has appeared in court twice already, on 5 August where the charges, which he denies, were brought against him and again on 19 August when the hearing was adjourned to 9 September.
The Cyber Crime Law is also being applied arbitrarily in the case of 20 year old human rights activist Mohammed Al-Zumer who has also been charged with other unfounded offences, Khalifa Al-Nuaimi one of the UAE 94 (currently serving a ten year sentence) and Abdulrahman Omar Bajubair who is residing outside of the UAE. They have been accused of making videos defaming the crown prince of Abu Dhabi. Their first hearing was held on 16 September 2013.
Another case which has been transferred to the Court by the State Security Apparatus (SSA) is that of nine individuals from the Salfi group, all of whom were held in secret detention for months before they were transferred to public jails. It is reported that charges against one of them might include charges under the Cyber Crimes Law, for a tweet he posted criticising the SSA. They are due to appear before the court on 7 October 2013.
The Cyber Crime Law, adopted in late 2012, has been widely criticized for providing the authorities with a legal basis for limiting freedom of expression and information. The GCHR issued an appeal on 23 May 2013 on the misuse of the legislation (https://www.gc4hr.org/news/view/419).
The GCHR expresses concern that the Cyber Crimes Law is being used arbitrarily against human rights defenders in an attempt to punish and hinder their peaceful activities in the promotion and protection of human rights. It further expresses urgent and serious concern for the health of those on hunger strike, particularly in light of the imminent risk to the lives of Dr. Mohammed Al-Mansoori, Ali Al-Kindi, Ahmed Al-Qobaisi and Jumaa Alfelasi.
The GCHR urges the authorities in the UAE to:
1. Immediately and unconditionally release Dr. Mohammed Al-Mansoori, Ali Al-Kindi, Ahmed Al-Qobaisi and Jumaa Alfelasi and the remaining UAE94 as well as Waleed Al-Shehhi and Mohammed Al-Zumer and those detained on arbitrary charges relating to freedom of opinion and expression;
2. Immediately meet the demands of Dr. Mohammed Al-Mansoori, Ali Al-Kindi, Ahmed Al-Qobaisi and Jumaa Alfelasi and the other hunger strikers;
3. Guarantee the physical and psychological security and integrity of all the aforementioned human rights defenders while they remain in detention;
4. Guarantee in all circumstances that all human rights defenders in the UAE are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions including judicial harassment.
The GCHR respectfully reminds you that the United Nations Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, adopted by consensus by the UN General Assembly on 9 December 1998, recognises the legitimacy of the activities of human rights defenders, their right to freedom of association and to carry out their activities without fear of reprisals. We would particularly draw your attention to Article 6 (b and c): “Everyone has the right, individually and in association with others: (b) As provided for in human rights and other applicable international instruments, freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms; (c) To study, discuss, form and hold opinions on the observance, both in law and in practice, of all human rights and fundamental freedoms and, through these and other appropriate means, to draw public attention to those matters”, and to Article 12 (1 and 2): “(1) Everyone has the right, individually and in association with others, to participate in peaceful activities against violations of human rights and fundamental freedoms. (2) The State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration.”





