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Amnesty International criticizes the mass trial of 84 Emirati human rights activists

Amnesty International criticizes the mass trial of 84 Emirati human rights activists

By Mounira Magdy

Published: February 5, 2024

Amnesty International considered that the mass trial to be held for 84 Emiratis, including prominent human rights defenders, on Wednesday flagrantly violates the defendants' rights to a fair trial and ignores basic legal principles by retrying some defendants for the same charges they were convicted of a decade ago.

The organization reported today, Monday, that at least 65 of the named defendants have been arbitrarily detained since earlier; among them, at least 62 defendants have been detained since their previous mass trial in 2012 and 2013, in the "UAE 94" case, where the authorities accuse the defendants of "forming a secret organization ... for the purpose of committing acts of violence and terrorism."

It said in a statement on its website that "multiple serious violations of the defendants' rights to a fair trial were committed, including, as it seemed, the authorities directing witness testimony, not disclosing key details such as the specific charges and which legal provisions were used to direct the charges, restrictions imposed on lawyers regarding allowing defendants and their families to access case-related documents, and preventing family members from attending hearings during the trial, which began on December 7."

Deputy Regional Director for the Middle East and North Africa at Amnesty International, Aya Majzoub, considered that "the UAE is mocking justice by trying dozens of defendants on unspecified charges under a referral order that has remained secret until now."

She explained that "a month ago, the UAE had not even acknowledged that the trial was ongoing, despite the first session of this politically motivated trial taking place during the COP28 conference period, in a blatant display of repression."

She added that "it is ironic that the UAE authorities are accusing dozens of defendants of the same acts for which they were previously convicted more than a decade ago. This is a flagrant violation of the fundamental legal principle that prohibits double jeopardy for the same crime."

The authorities announced this trial via the official news agency (WAM) on January 6, "that is, a month after the trial began," according to the organization.

At that time, the official agency reported that the UAE Attorney General, Hamad Saif Al Shamsi, ordered "the referral of 84 defendants, most of whom are members of the Muslim Brotherhood organization, classified as terrorist in the UAE, to the Abu Dhabi Federal Appeals Court (State Security Court) to try them for the crime of forming another secret organization for the purpose of committing acts of violence and terrorism on state territory."

The Attorney General stated that "the defendants concealed this crime and its evidence before they were arrested and tried in case No. (17) of 2013 State Security Punishment."

The agency explained that based on sufficient information and investigations, the Attorney General ordered an investigation into the facts of this crime with the appointment of a lawyer to attend with each defendant.

In contrast, the organization said: "Based on information from family members and the published WAM statement, it appears the charges are brought under the 2014 Anti-Terrorism Law, based on alleged membership in the Justice and Dignity Committee, a branch of the Reform Movement, considered the UAE version of the Muslim Brotherhood. According to the text of the referral order and the 2013 judgment, the committee "raised community awareness of their rights and published articles on those rights," and "communicated with international human rights organizations."

It added that the defendants were arrested in 2012 and 2013 before the issuance of the 2014 Anti-Terrorism Law, "and as such, these charges violate the fundamental legal principle of non-retroactive criminal penalties, as well as violate the fundamental legal principle of individual guilt, a violation inherent in mass trials."

Among the defendants are well-known Emirati human rights activists Mohammed Al Mansouri, Mohammed Al Roken, and Ahmed Mansour.

The organization quoted a family member of one of the defendants as saying they are banned from attending and that "no one has accessed the case file," adding that lawyers have strict orders not to cooperate with detainees and their families or give them complete and transparent information."

Majzoub said: "This trial appears to be a blatantly politically motivated attempt to intimidate people and force them into silence, ensuring that opponents remain in prison for as long as possible, so they cannot challenge the authorities or speak openly about the miserable human rights situation in the country."

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