A/HRC/25/60/Add.2
observers who had intended to observe the trial on 4 March 2013 were reportedly prevented
from entering the UAE and other trial observers who had completed procedural requests
were allegedly denied access to the trial on 11 March 2013. Furthermore, there have been
allegations of torture, or other forms of cruel, inhuman or degrading treatment or
punishment, as far back as the defendants’ court appearance in 2012. Medical examinations
have been ordered by the judge, but it is reported that no investigation has taken place with
regard to these allegations. In its reply, the Government of the United Arab Emirates stated
that the case of the 94 detainees, which includes the 69 individuals in this communication,
is one single case and has been decided by the Federal Supreme Court on 2 July 2013. The
Government claimed that the communication sets out a version of events related to this case
that is far removed from the truth and unfounded in many respects, and categorically denied
the allegations in the strongest terms. The Government stated that the 69 individuals were
not part of a peaceful association calling for political debate, but were members of an
organization aligned with the Muslim Brotherhood. The Government further stated that the
charges against the individuals are compatible with international human rights principles,
which restrict freedoms of expression and association when such activities threaten national
security, public safety or public order. The Government stated that arrest warrants were
issued for all the accused and that charges were immediately communicated to them.
Additionally the Government stated that the accused were entitled to telephone contact with
their families three times per week and allowed regular family visits. The Government
claimed that the trial was executed in accordance with due process guarantees and that a
special chamber was set up by the court to accommodate 500 observers. The Government
denies allegations of abuse of the individuals mentioned in this communication, and that the
conditions of the accused were reportedly satisfactory and observed by the Emirates Human
Rights Association. Additionally, the Government explained that no evidence of any
mistreatment could be found and that these allegations have been addressed by the Court
and found to be without merit.
161. The Special Rapporteur regrets that the Government did not provide sufficient
documentation of the investigation into the allegations of torture and ill-treatment in
connection to this case, including the alleged incommunicado detention of Mr. Ahmed
Ghaith al-Suweidi. The Government’s reply does not explain the Court’s findings nor the
measures taken to impartially and independently investigate the allegations of torture and
ill-treatment. He urges the Government to take persistent, determined and effective
measures to have all allegations of torture or other cruel, inhuman or degrading treatment or
punishment investigated promptly, effectively and impartially by an independent,
competent domestic authority, as well as whenever there is reasonable ground to believe
that such an act has been committed; to hold persons who encourage, order, tolerate or
perpetrate such acts responsible, to have them brought to justice and punished in a manner
commensurate with the gravity of the offence, including the officials in charge of the place
of detention where the prohibited act is found to have been committed according to
paragraph 7b of the Human Rights Council Resolution 16/23.
(d)
UA 07/11/2013 Case no. ARE 5/2013 State reply: None to date Alleged torture, illtreatment, and deteriorating health conditions of several detainees belonging to the
UAE 94 group and their legal counsel.
162. The Special Rapporteur regrets that the Government of the United Arab Emirates
has not responded to this communication, thereby failing to cooperate with the mandate
issued by the Human Rights Council. The communication referred to the alleged torture of
detainees belonging to the “UAE 94” group, whose members were the subject of a previous
urgent appeal on 5 August 2013. The communication specifically referred to Mr. Waleed al
Shehhi, a member of the UAE 94 legal team during their 2013 trial; UAE 94 members Dr.
Mohammed al-Mansoori, Mr. Ali al-Kindi, Mr. Ahmed al-Qobaisi and Mr. Jumaa al-Felasi,
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