An international campaign said 30 prisoners of conscience will end their prison sentences in the UAE this year, warning of the dangers of keeping them in arbitrary detention without legal basis.
The International Campaign for Freedom in the UAE (ICFUAE) stated that approximately 30 prisoners of conscience are scheduled to complete their prison sentences by the end of the year.
The CFUAE warned that as detaining people after their release dates is common in the UAE, international pressure must be placed on the Abu Dhabi authorities to abide by international laws and release these detainees when their sentences end.
The campaign warned that 19 prisoners of conscience are held beyond their sentence, including Amina Abdouli and Maryam Al-Balushi, whose detention has been extended for three years because of their leaked recordings complaining about their difficult detention conditions.
International human rights law protects fundamental rights, including the right not to be arbitrarily deprived of liberty.
The United Nations Human Rights Committee, in its General Comment on Article 9 of the International Covenant on Civil and Political Rights, stated that “if under the most exceptional circumstances, a present, direct and imperative threat is invoked to justify the detention of persons considered to present such a threat, the burden of proof lies with the States parties to show that the individual poses such a threat and that alternative measures cannot address it, and that burden increases with the length of the detention.” “State parties also need to show that detention does not last longer than absolutely necessary, that the overall length of possible detention is limited, and that they fully respect the guarantees provided for by article 9 in all cases.”
The UN Committee emphasized that “State parties must show that detention lasts no longer than is necessary, that the total length of potential detention is limited, and that it fully respects the guarantees provided in Article 9 in all cases.”
A few days ago, the International Center for Justice and Human Rights said that the UAE authorities are using the so-called counselling centres to extend the detention of prisoners of conscience whose sentences are nearing completion.
In a statement, the centre stated that the UAE authorities had referred 13 prisoners of conscience to counselling centres with the imminent completion of their sentences in the following short period to cover up the arbitrary continuation of their imprisonment and not leave them after the expiry of their sentences.
It highlights that whoever the authorities decide to place in a counselling centre is kept in Al-Razeen prison without specifying a precise time limit and with no clear dialogue or counselling program.
The UAE authorities claim that what is meant by placing those convicted of terrorist offences or those deemed to be at risk of terrorism in counselling centres is to guide and reform them and ensure that psychological, social, and religious sessions are held for this purpose, including by psychiatrists, social workers, and preachers, and are subject to the supervision of committees formed by the Public Prosecution and security agencies.
On November 13, 2020, UN rapporteurs expressed concern about the lack of clarity stipulated in “Law 7” about the reasons for sending an individual to counselling centres, the length of time he will spend, and the available means of appeal, which raises concerns about the possibility of serious psychological harm, which may amount to torture and ill-treatment.
These detainees, who are human rights defenders, activists, bloggers, lawyers, and judges, were illegally arrested and hidden in secret detention places under torture and ill-treatment to extract incriminating confessions, tried without fair trial guarantees, and sentenced to prison by a final ruling by the State Security Department of the Federal Supreme Court.
They were sentenced under broad and inaccurate laws such as the Federal Law on Terrorist Crimes and the Federal Law on Information Technology Crimes, and they continued to be subjected to humiliation and ill-treatment in poorly maintained prisons such as Al-Razeen, Al-Wathba, and Al-Sadr prisons, and even their families were subjected to prolonged restrictions.
The Human Rights Center indicated that nine prisoners of conscience, including two female prisoners, were arbitrarily extended for years after the completion of their sentences in full, as the UAE authorities considered them among those in terrorist danger.
This is because Federal Law No. 7 of 2014 about terrorist crimes says that they must continue to be held in counselling centres at Al-Razeen Desert Prison.
Federal Law No. 7 of 2014 about terrorist crimes did not give people who were found guilty the right to appeal, file a judicial and administrative complaint, or talk to a lawyer before being sent to a counselling centre.
The decision to refer 13 prisoners of conscience to counselling centres is considered a dangerous measure and raises serious concern about the repressive approach adopted by the UAE authorities. It also reveals their intentional abuse.
This is a form of arbitrary detention and a violation of Article 9 of the Universal Declaration of Human Rights and other international standards that say “no one may be arbitrarily arrested, detained, or exiled.”