Worldwide Condemnation of Severe Sentences for UAE Prisoners of Conscience

The issuance of severe and arbitrary sentences against prisoners of conscience in the UAE has triggered widespread international condemnation, highlighting the oppressive nature of the regime in Abu Dhabi.

Professor Ben Saul, the United Nations Special Representative for Human Rights and Counterterrorism, denounced the UAE for exploiting counterterrorism measures to prosecute citizens who peacefully advocated for political reform during the Arab Spring.

Recently, the Federal Court of Appeal in Abu Dhabi handed down sentences ranging from 15 years to life imprisonment in what has been described by Human Rights Watch as the second-largest unfair trial of its kind.

Following the rulings, a coalition of human rights organizations criticized the verdicts, which affected at least 44 of the 84 detainees in the mass trial. The organizations contended that the trial failed to meet the fair trial standards outlined in international charters and agreements.

The coalition argued that since the charges were based solely on the defendants’ peaceful exercise of their human rights, the UAE authorities should immediately overturn these convictions and release all those convicted. Joy Shea, a UAE researcher at Human Rights Watch, stated, “These excessively long sentences are a travesty of justice and further undermine the emerging civil society in the UAE.”

The organizations confirmed that the UAE has subjected many of its most dedicated human rights defenders and civil society members to a deeply flawed and shameful trial, characterized by numerous due process violations and allegations of torture. The coalition emphasized that the convictions of at least 44 defendants in this mass trial were based on a fundamentally unjust legal process.

On July 10, 2024, the Federal Court of Appeal in Abu Dhabi issued sentences ranging from 15 years to life imprisonment in the second-largest unfair mass trial in the UAE.

In December 2023, during the United Nations Climate Change Conference (COP28), Emirati authorities charged at least 84 defendants in retaliation for forming an independent advocacy group in 2010, with many already serving prison sentences for the same charges.

The mass trial in question was severely flawed, marked by significant violations of due process and fair trial standards. Defendants faced restricted access to case materials and information, inadequate legal assistance, judicial interference with witness testimony, breaches of the principle against double jeopardy, credible allegations of mistreatment, and an overall lack of transparency.

“These excessively long sentences make a mockery of justice and represent another nail in the coffin of the emerging civil society in the UAE,” stated Joy Shea, UAE researcher at Human Rights Watch. “The UAE has subjected dozens of its most dedicated human rights defenders and civil society members to a shameful, unfair trial rife with due process violations and allegations of torture.”

Human rights organizations have called for the UAE authorities to immediately overturn these convictions and release all defendants, as the charges are based solely on the peaceful exercise of their human rights. According to the UAE Detainees’ Advocacy Centre, which supports imprisoned human rights defenders in the UAE, of the 44 convicted defendants, four received 15-year prison sentences, while the remaining 40 were sentenced to life imprisonment.

Among those sentenced to life imprisonment are academic Nasser bin Ghaith, Abdul Salam Darwish Al Marzouqi, and Sultan bin Kayed Al Qasimi. At least one defendant was acquitted. Many of the sentences remain undisclosed, as the authorities have not yet published official details about the convictions and sentences.

In a statement issued on January 6, Emirati authorities accused the 84 defendants of forming and managing a secret terrorist organization known as the “Justice and Dignity Committee.” These charges appear to be based on the UAE’s 2014 counter-terrorism law, which allows for penalties of up to life imprisonment and even death for those involved in such activities.

According to the UAE Detainee Advocacy Center, at least 60 of the defendants had previously been convicted in 2013 for their involvement with the Justice and Dignity Committee, including Al Marzouqi and Al Qasimi. This situation raises concerns about the violation of the principle of double jeopardy, which prohibits individuals from being tried twice for the same crime after a final ruling has been issued.

The UAE Detainees Advocacy Center noted that the public prosecutor did not present any new evidence, and that the evidence cited in the hearings was entirely based on the “UAE 94” trial. A relative of one of the accused told Human Rights Watch, “It is the same case as in 2013. There is no new evidence and it is the same allegations.”

In addition to those involved in the UAE 94 case, notable figures such as Ahmed Mansoor, a board member of the Gulf Center for Human Rights and an advisor to the Middle East and North Africa Division at Human Rights Watch, and academic Dr. Nasser bin Ghaith were also tried in what has been termed the new “Emirates 84” case.

Ahmed Mansoor was arrested by UAE security forces during a late-night raid on his home on March 20, 2017. In May 2018, the State Security Chamber of the Abu Dhabi Court of Appeal sentenced Mansoor to 10 years in prison on charges solely related to his human rights activities. This sentence was upheld by the Federal Supreme Court, the court of last resort, on December 31, 2018.

SSimilarly, in 2017, the Abu Dhabi Court of Appeal sentenced Dr. Nasser bin Ghaith, a prominent Emirati academic, to 10 years in prison for his peaceful criticism of the Egyptian and Emirati authorities.

“Regrettably, these rulings were entirely anticipated,” remarked Mohammed Al Zaabi, director of the UAE Detainee Advocacy Centre. “From the outset, it was evident that this trial was merely a facade intended to extend the detention of prisoners of conscience beyond their sentences. This trial breaches the principle against double jeopardy and contravenes fundamental legal norms.”

Relatives of the defendants also expressed concern about the bias of the presiding judge. During the December 21 hearing, a relative of one of the defendants said that the judge “taught the witness what to say.”

Relatives of the defendants and the UAE Detainee Advocacy Center said that the judge interrupted and intervened during the testimony by correcting the witness and dictating his statements to him. The UAE Detainee Advocacy Center said a police officer handed the witness a paper, which the witness then used to answer the remaining questions.

The trial was shrouded in secrecy, with UAE authorities restricting the defendants’ lawyers from freely accessing case files and court documents. Lawyers did not receive physical or electronic copies of the documents and could only view them on a screen in a secure room under the watch of security personnel. They were prohibited from photographing documents and could only take handwritten notes.

A statement from the UAE’s official Emirates News Agency (WAM) on January 6 described the case as “public,” but access to the hearings was heavily restricted, even for family members, and basic details, including the names of the accused, were kept confidential.

Many defendants were held in solitary confinement and isolated from communication for about a year. During this period, phone calls and family visits were banned for 10 months to a year, with only brief phone calls in December 2023 to inform families of the new case and request legal representation.

During the trial, defendants consistently reported severe mistreatment, including physical assaults, inadequate medical care, persistent loud music, and forced nudity. Despite these allegations, UAE authorities did not investigate the reported abuse or hold those responsible accountable for their actions.

According to the United Nations Standard Minimum Rules for the Treatment of Prisoners, also known as the Nelson Mandela Rules, “solitary confinement should only be used in exceptional cases as a last resort, for the shortest possible time, and must be subject to independent review and authorization by a competent authority.”

The UN Special Rapporteur on Torture has emphasized that indefinite or prolonged solitary confinement exceeding 15 days should be strictly prohibited, citing scientific evidence that even brief periods of social isolation can cause severe and lasting psychological damage.

Khaled Ibrahim, Executive Director of the Gulf Center for Human Rights, remarked, “It is a grave injustice that many activists and human rights defenders remain imprisoned for decades, missing the opportunity to see their children grow up, solely for advocating a better future for Emiratis. The authorities must release them immediately if they intend to maintain their credibility with the international community.”