United Arab Emirates: Rights groups launch campaign to free all prisoners of conscience, including many held past end of sentences

07.03.23

This year is a pivotal year to help free prisoners in the United Arab Emirates (UAE), particularly those held past the end of their sentences, as the UAE’s human rights record is reviewed at the United Nations and the country hosts the UN Climate Change Conference (COP28). In order to keep the pressure on the UAE, on 01 March 2023, six human rights organisations, including the Gulf Centre for Human Rights (GCHR) and the Emirates Detainees Advocacy Centre (EDAC), launched the SANID Campaign, Stand up for UAE Detainees.

There are important advocacy opportunities this year. On 08 May 2023, the UAE will be reviewed at the United Nation’s Universal Periodic Review (UPR), for which GCHR, EDAC, CIVICUS and OMCT have made a joint submission. From 30 November to 12 December 2023, the UAE will host the COP28, and GCHR is working with partners to try to highlight human rights defenders imprisoned in the UAE, including its Board member Ahmed Mansoor.

The SANID Campaign, which has a launch event today online at 17h Geneva time, aims to shed light on cases of prisoners of conscience, and to protect civic space in UAE. The campaign includes a range of media and human rights activities, such as webinars, press interviews, and a petition calling on the UAE authorities to release all prisoners of conscience and to put an end to the ongoing violations they are subjected to, including the practise of holding prisoners of conscience past the end of their sentences. Follow: https://twitter.com/SanidUAE

The SANID Campaign calls on the international community, especially the countries participating in the COP28, and all UN bodies, in particular the UN special rapporteurs, to intervene immediately to stop the human rights violations in the country and to ensure that civic space is protected.

Using overly broad laws to continue detaining activists after serving their sentences

There are 56 prisoners being held past the end of their sentences, or who have been given additional sentences to keep them in prison. In particular, GCHR and partners are concerned that although they are peaceful prisoners of conscience who have committed no crime, the authorities have used Article 40 of Law No. 1 of 2014 on Combating Terrorism Offences, which includes a vague and broad definition of terrorism, to keep prisoners of conscience who have completed their sentences detained indefinitely. In its first paragraph, this article states the following: "A person has a terrorist risk if he adopts extremist or terrorist ideology so that they are fears that he will commit a terrorist crime." While this article states in its second paragraph that: “If a person appears to pose a terrorist threat, he/she shall be sent to Munasaha (counselling) Centres, by virtue of a judgment issued by the Court and upon request of the prosecution.”

Also, Article (9) of Law (28) of 2019 regarding the establishment of the National Counselling Centre gives the Public Prosecutor the power to subject any prisoners he/she wants to the counselling program.

The process of detaining them after completing their sentences is not transparent and lacks minimum standards of fairness and due process. The Federal Court of Appeal in Abu Dhabi, at the request of the State Security Prosecution, issues referral orders to counseling centers without conducting any hearings or setting a time limit for such detention. All this happens while Article (8) of the Law of the National Counseling Center affirmed that, “It is not permissible to keep the depositor inside the center after the expiry of the period specified in the deposit ruling unless another ruling is issued to continue his deposit.”

There is no doubt that it is not permissible under international law to apply the Law on Combating Terrorism Offences to them nor to hold them under the counselling programme, because it is known to all that they are not terrorists and do not hold deviant or extremist ideologies, and presented their best experiences and efforts to the nation with efficiency and sincerity, in addition to the fact that they practiced peaceful and legitimate activities in the field of human rights.

It is worth noting that the arrests and detentions of prisoners of conscience were mostly arbitrary, without any specific charges being brought, and without any judicial warrant for arrest, house searches and confiscation of electronic devices, in violation of the applicable Criminal Procedural Law in the UAE. These are illegal practices that have become systematic and established by members of the State Security Apparatus.

They are being held in the so-called “counselling centres”. Many of them are part of a group of prisoners of conscience known collectively as the UAE 94, who were arrested in 2012 and sentenced to seven to fifteen years in prison during a grossly unfair trial in 2013 for their pro-democracy activities.

Counselling Centres

Many prisoners of conscience are held after their sentences have been served on the grounds that they allegedly pose a threat to state security and are in need of rehabilitation. Prisoners scheduled for release are transferred from Al-Razeen Prison to the Munasaha (Counselling) Centre, which despite its name signifying tolerance, is simply another building in the same prison which is isolated from the other wings.

12th Anniversary of the Reform Petition

The reform petition launched on 03 March 2011, which was signed by 133 men and women from across the Emirati intellectual, legal and political spectrum, was one of the main reasons for the trial of the UAE94.

The petition included two main demands:

Election of all members of the Federal National Council by all citizens, as is the practice in democratic countries around the world.
Amendment of the constitutional articles related to the Federal National Council in a way that guarantees it full legislative and oversight powers.

No tolerance for prisoners of conscience

The UAE has a Ministry for Tolerance but insists on keeping prisoners of conscience in prison although they have served their full sentence - while criminals were released after serving two-thirds of their sentences, benefiting from amnesty issued by the head of the state.

Also, prisoners of conscience are not having regular visits or calls. Reliable reports received by GCHR confirmed that some of them have not had visits from their families or calls for years, which is a violation to the UN Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules).

List of prisoners of conscience who continue to be held

GCHR and EDAC have compiled a list of names of prisoners of conscience who have completed their sentences but remain in prison as follows:

1. Abdullah Ibrahim Al-Helou

He was arrested on 22 April 2014, and on 13 June 2016, he was sentenced to three years in prison. His sentence expired on 22 April 2017.

2. Abdulwahed Hassan Al-Badi Al-Shehhi

He was arrested on 26 March 2013, and on 03 March 2014, he was sentenced to five years in prison. His sentence expired on 26 March 2018.

3. Khalifa Rabia

He was arrested on 23 July 2013, and on 10 March 2014, he was sentenced to five years in prison. His sentence expired on 23 July 2018.

4. Abdullah Abdulqader Al-Hajri

He was arrested on 16 July 2012. On 02 July 2013, he was sentenced to seven years in prison. His sentence expired on 16 July 2019. Member of the UAE94 group.

5. Mahmoud Hassan Al-Hosani

He was arrested on 16 July 2012. On 02 July 2013, he was sentenced to seven years in prison. His sentence expired on 16 July 2019. Member of the UAE94 group.

6. Imran Ali Al-Radwan Al-Harthy

He was arrested on 16 July 2012. On 02 July 2013, he was sentenced to seven years in prison. His sentence expired on 16 July 2019. Member of the UAE94 group. Authorities have also revoked Emirati citizenship from his wife, Asmaa Al-Siddiq.

7. Fahad Abdulqader Al-Hajri

He was arrested on 02 March 2013. On 02 July 2013, he was sentenced to seven years in prison. His sentence expired on 02 March 2020. Member of the UAE94 Group.

8. Ahmed Ghaith Al-Suwaidi

He was arrested on 26 March 2012. On 02 July 2013, he was sentenced to ten years in prison and placed on probation for another three years. His sentence expired on 26 March 2022. Member of the UAE94 Group.

9. Ahmed Youssef Al-Zaabi

10. Ibrahim Hassan Al-Marzooki

11. Dr. Shaheen Abdullah Al-Hosani
He was arrested on 26 March 2012. On 02 July 2013, he was sentenced to ten years in prison and placed on probation for another three years. His sentence expired on 26 March 2022. Member of the UAE94 Group.

12. Sheikh Mohammed Abdulrazzaq Al-Siddiq
He was arrested on 09 April 2012. On 02 July 013, he was sentenced to ten years in prison and placed on probation for another three years. His sentence expired on 09 April 2022. Member of the UAE94 Group.

13. Hassan Munif Al-Jabri
He was arrested on 09 April 2012. On 02 July 013, he was sentenced to ten years in prison and placed on probation for another three years. His sentence expired on 09 April 2022. Member of the UAE94 Group.

14. Hussain Munif Al-Jabri
He was arrested on 09 April 2012. On 02 July 013, he was sentenced to ten years in prison and placed on probation for another three years. His sentence expired on 09 April 2022. Member of the UAE94 Group.

15. Dr. Ali Hussain Al-Hammadi
He was arrested on 09 April 2012. On 02 July 013, he was sentenced to ten years in prison and placed on probation for another three years. His sentence expired on 09 April 2022. Member of the UAE94 Group.

16. Dr. Sultan bin Kayed Al-Qasimi
He was arrested on 20 April 2012. On 02 July 2013, he was sentenced to ten years in prison and placed on probation for another three years. His sentence expired on 20 April 2022. Member of the UAE94 Group.

17. Salem Abdullah Al-Suwaidi
He was arrested on 30 April 2014. On 13 June 2016, he was sentenced to ten years in prison and placed on probation for another three years. His sentence expired on 30 April 2022. Member of the UAE94 Group.

18. Abdulrahman Ahmed Al-Hadidi
He was arrested on 15 July 2012. On 02 July 2013, he was sentenced to ten years in prison and placed on probation for another three years. His sentence expired on 15 July 2022. Member of the UAE94 Group.

19. Khalifa Hilal Al-Nuaimi
He was arrested on 16 July 2012. On 02 July 2013, he was sentenced to ten years in prison and placed on probation for another three years. His sentence expired on 16 July 12022. Member of the UAE94 Group.

20. Dr. Ibrahim Ismail Al-Yasi

He was arrested on 16 July 2012. On 02 July 2013, he was sentenced to ten years in prison and placed on probation for another three years. His sentence expired on 16 July 12022. Member of the UAE94 Group.

21. Dr. Mohammed Abdullah Al-Roken

He was arrested on 17 July 2012. On 02 July 2013, he was sentenced to ten years in prison and placed on probation for another three years. His sentence expired on 17 July 2022. Member of the UAE94 Group.

22. Salem Ali Suleiman Al-Shehhi
He was arrested on 17 July 2012. On 02 July 2013, he was sentenced to ten years in prison and placed on probation for another three years. His sentence expired on 17 July 12022. Member of the UAE94 Group.

23. Essa Muadh Al-Sari
He was arrested on 17 July 2012. On 02 July 2013, he was sentenced to ten years in prison and placed on probation for another three years. His sentence expired on 17 July 2022. Member of the UAE94 Group.

24. Dr. Essa bin Khalifa Al-Suwaidi
He was arrested on 19 July 2012. On 02 July 2013, he was sentenced to ten years in prison and placed on probation for another three years. His sentence expired on 19 July 2022. Member of the UAE94 Group.

25. Jumaa Saeed Al-Falasi
He was arrested on 19 July 2012. On 02 July 2013, he was sentenced to ten years in prison and placed on probation for another three years. His sentence expired on 19 July 2022. Member of the UAE94 Group.

26. Saif Mohammed Al-Attar
He was arrested on 20 July 2012. On 02 July 2013, he was sentenced to ten years in prison and placed on probation for another three years. His sentence expired on 20 July 2022. Member of the UAE94 Group.

27. Abdulsalam Mohammed Darwish Al-Marzooqi
He was arrested on 24 July 2012. On 02 July 2013, he was sentenced to ten years in prison and placed on probation for another three years. His sentence expired on 24 July 22022. Member of the UAE94 Group.

28. Dr. Saif Mohammed Al-Ajla
He was arrested on 24 July 2012. On 02 July 2013, he was sentenced to ten years in prison and placed on probation for another three years. His sentence expired on 24 July 22022. Member of the UAE94 Group.

29. Mosbeh Darwish Jumaa Al-Rumaithi
He was arrested on 24 July 2012. On 02 July 2013, he was sentenced to ten years in prison and placed on probation for another three years. His sentence expired on 24 July 22022. Member of the UAE94 Group.

30. Abdulrahim Mohammed Al-Zarooni
He was arrested on 25 July 2012. On 02 July 2013, he was sentenced to ten years in prison and placed on probation for another three years. His sentence expired on 25 July 2022. Member of the UAE94 Group.

31. Saeed Nasser Al-Wahidi
He was arrested on 25 July 2012. On 02 July 2013, he was sentenced to ten years in prison and placed on probation for another three years. His sentence expired on 25 July 2022. Member of the UAE94 Group.

32. Ali Abdullah Al-Manei
He was arrested on 25 July 2012. On 02 July 2013, he was sentenced to ten years in prison and placed on probation for another three years. His sentence expired on 25 July 2022. Member of the UAE94 Group.

33. Tariq Hassan Al-Qattan Al-Harmoudi
He was arrested on 25 July 2012. On 02 July 2013, he was sentenced to ten years in prison and placed on probation for another three years. His sentence expired on 25 July 2022. Member of the UAE94 Group.

34. Ahmed Saqr Al-Suwaidi
He was arrested on 30 July 2012. On 02 July 2013, he was sentenced to ten years in prison and placed on probation for another three years. His sentence expired on 30 July 2022. Member of the UAE94 Group.

35. Ahmed Saif Al-Matari
He was arrested on 30 July 2012. On 02 July 2013, he was sentenced to ten years in prison and placed on probation for another three years. His sentence expired on 30 July 2022. Member of the UAE94 Group.

36. Khaled Mohammed Al-Yamahi
He was arrested on 30 July 2012. On 02 July 2013, he was sentenced to ten years in prison and placed on probation for another three years. His sentence expired on 30 July 2022. Member of the UAE94 Group.

37. Najeeb Ahmed Al-Amiri
He was arrested on 30 July 2012. On 02 July 2013, he was sentenced to ten years in prison and placed on probation for another three years. His sentence expired on 30 July 2022. Member of the UAE94 Group.

38. Fouad Mohammed Al-Hammadi
He was arrested on 31 July 2012. On 02 July 2013, he was sentenced to ten years in prison and placed on probation for another three years. His sentence expired on 31 July 2022. Member of the UAE94 Group.

39. Ahmed Rashid Al-Tabour Al-Nuaimi
He was arrested on 18 May 2012. On 02 July 2013, he was sentenced to ten years in prison and placed on probation for another three years. His sentence expired on 18 August 2022, after he completed another three-month prison sentence against him. Member of the Emirates Group 94.

40. Ali Salem Al-Zaabi
He was arrested on 20 August 2012. On 02 July 2013, he was sentenced to ten years in prison and placed on probation for another three years. His sentence expired on 20 August 2022. Member of the Emirates Group 94.

41. Abdulaziz Ali Al-Muhairi
He was arrested on 27 August 2012. On 02 July 2013, he was sentenced to ten years in prison and placed on probation for another three years. His sentence expired on 27 August 2022. Member of the Emirates Group 94.

42. Abdullah Nassib Al-Jabri
He was arrested on 27 August 2012. On 02 July 2013, he was sentenced to ten years in prison and placed on probation for another three years. His sentence expired on 27 August 2022. Member of the Emirates Group 94.

43. Rashid Khalfan bin Sabt Al Ali
He was arrested on 28 August 2012. On 02 July 2013, he was sentenced to ten years in prison and placed on probation for another three years. His sentence expired on 28 August 2022. Member of the Emirates Group 94.

44. Ali Abdullah Al-Khaja

He was arrested on 28 August 2012. On 02 July 2013, he was sentenced to ten years in prison and placed on probation for another three years. His sentence expired on 28 August 2022. Member of the UAE94 Group.

45. Dr. Hadef Rashid Al-Owais

He was arrested on 11 September 2012. On 02 July 2013, he was sentenced to ten years in prison and placed on probation for another three years. His sentence expired on 11 September 2022. Member of the UAE94 Group.

46. Mohammed Saeed Mohammed Al-Abdouli

He was arrested on 11 October 2012. On 02 July 2013, he was sentenced to ten years in prison and placed on probation for another three years. His sentence expired on 11 October 2022. Member of the UAE94 Group.

47. Abdulrahim Abdullah Naqi Al-Bastaki

He was arrested on 12 October 2012. On 02 July 2013, he was sentenced to ten years in prison and placed on probation for another three years. His sentence expired on 12 October 2022. Member of the UAE94 Group.

48. Ahmed Hassan Mohammed Al-Rostamani

He was arrested on 01 March 2012. On 02 July 2013, he was sentenced to ten years in prison and placed on probation for another three years. His sentence expired on 01 March 2023. Member of the UAE94 Group.

49. Salem Mousa Farhan Al-Halyan

He was arrested on 02 March 2012. On 02 July 2013, he was sentenced to ten years in prison and placed on probation for another three years. His sentence expired on 02 March 2023. Member of the UAE94 Group.

50. Ahmed Haji Sakhir Al-Qubaisi

51. Ahmed Kneid Al-Muhairi

52. Ismail Abdullah Al-Hosani

He was arrested on 02 March 2012. On 02 July 2013, he was sentenced to ten years in prison and placed on probation for another three years. His sentence expired on 01 March 2023. Member of the UAE94 Group.

53. Khaled Fadhl Ahmed Jassim

54. Ali Muhammad bin Hajar Al-Shehhi
He was arrested on 01 March 2012. On 02 July 2013, he was sentenced to ten years in prison and placed on probation for another three years. His sentence expired on 01 March 2023. Member of the UAE94 Group.

Additional sentences handed down to women prisoners of conscience

Two women, who are listed below, are prisoners of conscience who have completed their original sentences, and in order to keep them in prison in reprisal for speaking out about their terrible conditions, a new fabricated charge was brought against them in an unfair trial:

1. Amina Al-Abdouli

She was arrested on 19 November 2015, and on 31 October 2016, she was sentenced to five years in prison. Her sentence expired on 19 November 2020. New false charges were brought against her.

2. Maryam Al-Balushi
She was arrested on 19 November 2015, and on 22 February 2017, she was sentenced to five years in prison. Her sentence expired on 19 November 2020. New false charges were brought against her.

On 28 April 2021, the Federal Court of Appeal issued a three-year prison sentence for Al-Abdouli and Al-Balushi in case no. 61 of 2021, on the charge of allegedly “publishing false information disturbing public order”.

Emirati Ambassador appointed Chair of UN Counter-Terrorism Committee

Meanwhile, the UAE continues to succeed in placing Emiratis in high-ranking international positions. Lana Zaki Nusseibeh was appointed Chair of the UN Security Council Counter-Terrorism Committee on 30 January 2023. She has been the UAE Ambassador and Permanent Representative to the UN since September 2013.

The UAE government, using devious diplomacy and economic benefits to its allies, seeks to gain influence at the centre of international decision-making. This was already demonstrated in its success in electing Major General Ahmed Nasser Al-Raisi as president of the INTERPO, who is facing trial in France on charges of participating in the torture of prominent human rights defender Ahmed Mansoor, who is serving an unjust 10-year prison sentence, is another example that reflects this endeavour.

The election of Nusseibeh to head a committee concerned with combating terrorism is hypocritical, given that the UAE itself commits gross violations of human rights on a daily basis and accuses those who express themselves freely of “terrorism”, throwing them in prisons, and conducting trials that lack the minimum international standards of justice and legal procedures, in addition to keeping them in prisons after completing their sentences.

Recommendations

GCHR calls on the international community, especially governments that have influence in the Emirates, such as the United States of America, Great Britain, Canada and the members of the European Union, in addition to all United Nations mechanisms including the concerned special rapporteurs, to intervene immediately to seek an end to these grave violations and to visit all detainees listed in this appeal, to ensure their health and physical safety, and obtain their immediate and unconditional release.

GCHR calls on the authorities in the UAE to:

Release all prisoners of conscience who are detained in violation of their rights to freedom of expression, including Ahmed Mansoor and members of the UAE94;
Close so-called counselling prison wings or centres in the UAE and release all detainees who are being held past the end of their sentences, in flagrant violation of their civil and human rights and without legal basis;
Repeal the text of Article 40 of the Anti-Terrorism Law No. 7 of 2014, which allows people to be detained without charge or court rulings and for indefinite periods; and
Protect public freedoms in the country, including freedom of expression.