Torture in the United Arab Emirates: The Tolerance Charade

A Report by Wejha Centre for Studies Produced in cooperation with the Gulf Centre for Human Rights (GCHR) with support from the European Union February 2021

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Table of Contents

I. Introduction 3 II. The Legal Framework 4 Federal Legislation and International Conventions 4 Legal Analysis 5

III. Background on the Practice of Torture and Ill-Treatment 8 Arab Spring and the Escalation of Torture 9 Detainees from the UAE 9 Detainees from Abroad 10 Torture in Recent Years (2017-2020) 11 Ahmed Mansoor 11 Artur Ligęska 13 Dr. Nasser Bin Ghaith 14 Alia Abdel-Noor 15 Amina Al-Abdouli 17 Maryam Al-Balushi 18 Sheikha Latifa Al Maktoum 20 Abdullah Al-Shamsi 21 Salem Musa Fayrouz Khamis 21 Tayseer Al-Najjar 22 Matthew Hedges 23 Other Detainees 24 The Spread of COVID-19 24 Torture Forms and Methods 25

IV. Investigations Post Torture 25 The Istanbul Protocol 25 Judicial Negligence and Impunity 26 Handling Torture Complaints 26 Complaints about Torture and the UAE Authorities’ Reactions 27

V. Recommendations 28

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I. Introduction

The United Arab Emirates (UAE) rulers present the country to the world as a sponsor of the future capable of making the impossible happen. A country that is heading off to space. An ambassador of tolerance. A country with the tallest structure in the world - Burj Khalifa.1 A country that promotes itself as a safe haven amid popular uprisings and conflicts in the Middle East. But the truth is that underneath these glamorous slogans and cutting edge concrete structures, a stifling reality prevails, in which the UAE has progressively eliminated any voices or ideas that could possibly develop into the least form of criticism, in order to prevent them from turning into civil movements that represent the people.

This is evident through a number of features, most importantly the limited political participation of Emirati citizens, who are in fact a minority in the country.2 Real political participation was replaced by an advisory council, half of whose members are appointed by the authorities, and the other half is elected (since 2006) by a limited group of citizens who were carefully hand-picked by the authorities.

In addition, the UAE has tightened its control over the media, and made sure to maintain a tight grip over permits for any media platforms.The authorities also enacted penal laws to combat terrorist acts3 and cybercrime4 that include provisions condemning any criticism of the ruling families and friendly countries, and any attempt to exercise freedom of assembly in a manner that could bring to the public space actors who do not share the views of the authorities.

These laws and amendments were preceded by waves of arrests of activists, academics, dissidents and clerics that began in April 2011 with the arrest of five activists who came to be known as the UAE 5, who were accused of publicly insulting the head of state and his vice president by comments that were posted on an online platform. These measures were followed by dissolving the Association of Jurists and the Teachers' Association.

After that, seven citizens had their nationality arbitrarily withdrawn. Then, the authorities carried out a series of arbitrary arrests that began in March 2012, followed by the forced disappearance of a group of people, alleged to be members of Al-Islah, a political association, and others affiliated with it. During the first trial hearing, which was first appearance of these detainees after months in secret prisons, they announced that they were subjected to torture, and that forced confessions have been extracted from them under duress and used as evidence of guilt. These allegations have not been investigated, nor have the perpetrators been prosecuted.5 While the UAE still has the top rank in the list of the world’s tallest buildings, it is ironically ranked 128th out of 162 countries in the 2019 Human Freedom Index – 24 spots down from where it stood in 2016 and 2017.6 This is based on information and facts that came to the attention of the European Parliament in 2018, including: ● Reports on a number of human rights violations committed in UAE prisons, and in particular Al- Razeen prison, including solitary confinement and electric shocks and other forms of torture. ● The intentional targeting of human rights defenders and political prisoners in the UAE prison system.

1 Skyscraper Center, http://www.skyscrapercenter.com/building/burj-khalifa/3 2 Freedom in the World 2016 - United Arab Emirates, Freedom House, 20 June 2016, https://www.refworld.org/docid/576be00511.html 3 Federal Law No. 1 of 2004, Decree on Combating Terrorism Offences. 4 Federal Decree-Law no. (5) of 2012, on Combating Cybercrimes. 5 There is no freedom here: Silencing Dissent in the UAE, Amnesty International, Document No. 25/0186/2014, November 2014, p. 7-8. 6 The Human Freedom Index 2019, A Global Measurement of Personal, Civil, and Economic Freedom, p 11, https://www.fraserinstitute.org/sites/default/files/human-freedom-index-2019-rev.pdf

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The European Parliament adopted a resolution in 2018 calling on the UAE authorities, inter alia: ● To prevent any further form of ill-treatment and to investigate torture allegations. ● To abide by its obligations and commitments under international human rights law, including the UN Convention against Torture; and to ratify the International Covenant on Political and Civil Rights and the Optional Protocol to the Convention Against Torture. ● To extend a standing invitation to visit the UAE to all Special Procedures of the UN Human Rights Council.7 In its second section, this report tackles the various aspects of torture in the UAE, including an overview of the legal framework, which encompasses the constitution, federal laws and international agreements, together with an analysis of these aspects and the manner in which the UAE authorities handled them. The third section contains a background on torture practices and cruel or inhuman treatment, followed by information on the situation in prisons, pertaining to current and former detainees and women detainees. Section four discusses the UAE's approach in addressing torture grievances, and failure to adquately investigate claims. The report concludes with a number of important recommendations. The report captures information from original sources when possible, and conceals the names of some persons to protect their safety and that of and their relatives. The report also references reports from a number of international human rights organisations, including Amnesty International, Human Rights Watch and the Gulf Centre for Human Rights (GCHR), as well as reliable media platforms that reported torture incidents. This report was written and researched by Wejha Centre for Studies in cooperation with the Gulf Centre for Human Rights (GCHR) through a project funded by the European Union to address torture and accountability in the Gulf region.

II. The Legal Framework

Federal Legislation and International Conventions

● The Constitution

“No person shall be subjected to torture or to degrading treatment,” and “Physical and moral abuse of an accused person is prohibited;” according to section III of the UAE constitution, titled “Freedoms, Rights and Public Duties”. Article 26 states that “Personal liberty is guaranteed to all citizens. No person may be arrested, searched, detained or imprisoned except in accordance with the provisions of law.” Article 28 states that “Penalty is personal. An accused shall be presumed innocent until proved guilty.”8

● The Federal Penal Code

The Federal Constitution supersedes all federal laws, including the Penal Code,9 which encompasses articles that condemned torture under Title II pertaining to crimes related to public office, Chapter II, on the abuse of office and of power, including:

7 European Parliament resolution on United Arab Emirates, notably the situation of human rights defender Ahmed Mansoor (2018/2862(RSP)), https://www.europarl.europa.eu/doceo/document/B-8-2018-0456_EN.html 8 Constitution of the United Arab Emirates, https://www.wipo.int/edocs/lexdocs/laws/en/ae/ae030en.pdf 9 The Federal Penal Code, http://www.undp-aciac.org/publications/ac/compendium/uae/criminalization-lawenforcement/criminal-87-ar.pdf

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o Article 242: “Shall be sentenced to term imprisonment, every public servant using, in person or through others, torture, force or threat with the accused, a witness or an expert in order to have him confess a crime, make a statement or give information concerning it to withhold any relevant matter.” o Article 245 “Shall be sentenced to detention for a minimum term of one year and/or to a minimum fine of ten thousands dirham, every public servant, or person in charge of a public service, using force on a person, basing himself in the power granted to him by virtue of his office, dishonoring or causing him bodily pain.” Under Title III, Chapter I, on crimes obstructing justice, article 259 states “shall be sentenced to detention for a term not exceeding one year and to a fine not in excess of five thousands Dirham, whoever uses torture, force or threat, or offered a grant or privilege of any kind or a promise of any such things in order to have someone else to keep silent about a matter or to give untrue statements or information before any judicial body.” ● International Conventions

In December 1984, the UN General Assembly adopted the Convention Against Torture10 and Other Cruel, Inhuman or Degrading Treatment. The UAE ratified the Convention 28 years later in 2012, per Federal Decree no. 73 of 2012, while it has not yet ratified the Optional Protocol to the Convention Against Torture.11

Legal Analysis

● Lack of Clarity in Definition

The UAE Constitution defines torture only as “Physical and moral abuse of an accused person.” Whereas the Penal Code considers that torture which is punishable by the law is torture used to have the accused confess a crime or withhold information, inflicted by a public servant abusing his office. Nevertheless, the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment defines torture as “any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.” This disparity between the two definitions demonstrates the inadequacy of the first definition and the absence of key elements, such as the accountability of the perpetrators and investigation mechanisms. For example, the Code does not consider as torture the violations occurring outside of this specific legal classification, which perpetuates impunity for the perpetrators, participants and instigators of torture, and guarantees their immunity from ever being held accountable for violating the victims’ dignity and their bodily and moral integrity.

10 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Adopted and opened for signature, ratification and accession by General Assembly resolution 39/46 of 10 December 1984, entry into force 26 June 1987, in accordance with article 27 (1). 11 United Nations Treaty Collection, https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-9&chapter=4&lang=en

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● Inadequate Definition and Legislations

The inadequacy in the definition of torture is also evident by the absence of important details that would make available to victims of torture a mechanism that enables them to hold accountable the perpetrators of torture, irrespective of the power or status they possess. Such provisions are supposed to ensure due investigation in torture allegations, in a manner that would deter the holder of any office from abusing his power. Several essential components that outline the principles on the prohibition of torture and ill- treatment have been omitted by the legislators, including:

o An order from a superior officer or a public authority may not be invoked as a justification of torture, according to Article 2 of the Convention Against Torture. o The victim of an act of torture should obtain redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible. In the event of the death of the victim as a result of an act of torture, his dependants shall be entitled to compensation, in accordance with Article 14 of the Convention Against Torture. o Any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, according to Article 15 of the Convention Against Torture. o Statute of limitations is not applicable to torture crimes.

The absence of these principles indicates the absence of an important law that ought to be in place to protect victims of torture, whistle-blowers and witnesses, as well as offering all necessary guarantees and security measures, including their relocation.

In addition, imprisonment per the definition of the UAE Penal Code12 is “the incarceration of [a] convict in one of the penitentiaries legally allocated for this purpose, for life if the sentence is life imprisonment, or for the period specified in the sentence in case of a temporary imprisonment. Unless the law provides otherwise, the term of the temporary imprisonment may not be less than three years and not more than fifteen years;” whereas the Penal Code indicates that the penalty of committing an act of torture is detention for a term not exceeding one year, which could also be replaced by a fine. These penalties are not severe enough to deter the perpetrators, especially when taking into account the authority that perpetrators may have.

● Delayed Accession and Breach of Commitments

The UAE joined the Convention Against Torture on 19 July 2012 per Federal Decree no. 73 of 2012, 28 years after the adoption of the Convention in 1984, which is considered a belated accession. The ratification, however, changed nothing in the country’s laws on torture and addressing allegations of torture, and no new laws were enacted to ensure compliance with the Convention and honouring the country’s commitments in this regard.

Furthermore, the UAE has not joined the Optional Protocol to the Convention Against Torture, which authorises the Subcommittee on the Prevention of Torture to investigate torture allegations. Another reason is not to commit to establishing a national mechanism for the prevention of torture within one year from the date of admission, per the Protocol’s requirements.

12 The UAE Penal Code, Article 68, https://cdn.expatwoman.com/s3fs-public/UAE%20Penal%20Code.pdf

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In accordance with article 28 of the Convention Against Torture, which stipulate that a state may enter a reservation on article 20, the UAE entered a reservation on the said article, which outlines the competence of the Committee against Torture, with regard to the Committee, should it receive well-founded indications on practicing torture - shall invite the state party concerned to co-operate in the examination of the information, which may involve a confidential inquiry, and, in agreement with that state party, such an inquiry may include a visit to its territory.

Moreover, in accordance with article 30, paragraph 2 of the Convention, the UAE declared that it does not consider itself bound by paragraph 1 of this article, which stipulates that any dispute shall be referred to the International Court of Justice, if it could not be settled through negotiation or arbitration.

The UAE has also declared that the legal sanctions applicable in accordance with the national law, or the pain or suffering arising from, associated with or incidental to these legal sanctions, do not constitute “torture” as specified in article 1 of the Convention, not are they considered cruel, inhuman or degrading treatment or punishment mentioned in the Convention. This is an affirmation of what is already established by article 1 of the Convention, which clearly stipulated that the notion of torture does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.

In addition to not joining the Optional Protocol, the UAE has not joined a number of other UN conventions that guarantee rights pertaining broadly to human dignity and to the protection of prisoners in particular. Despite most countries in the world having joined the International Covenant on Civil and Political Rights, the UAE has not signed or ratified it, noting that Article 7 of the Covenant prohibits torture and cruel, inhuman or degrading treatment. The UAE also did not accept the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, the sixth principle of which states that “No person under any form of detention or imprisonment shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. No circumstance whatever may be invoked as a justification for torture or other cruel, inhuman or degrading treatment or punishment.”13

During the 2012 Universal Periodic Review, the UAE pledged before the Human Rights Council14 to establish a national human rights institution in accordance with the Paris Principles,15 but it has not honoured this commitment. To date, there is no human rights institution which operates independently and works to ensure the protection of human rights. No entity was established to monitor human rights violations, carry out inspection visits to detention centres where breaches and torture are likely to be committed, nor are there systems in place for receiving and investigating torture complaints, holding the perpetrators accountable and keeping track of victims’ complaints and the findings in their respective cases with the competent authorities.

National human rights institutions that work in accordance with the principles relating to the Status of National Institutions, known as The Paris Principles, usually play a crucial role in promoting and monitoring the effective implementation of international human rights standards at the national level, ensuring the treatment that protects the detainees' dignity and humanity, and preventing torture and ill- treatment.

13 Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment. Adopted by General Assembly resolution 43/173 of 9 December 1988. 14 UN Human Rights Council, Report of the Working Group on the Universal Periodic Review : United Arab Emirates, 21 March 2013, A/HRC/23/13, available at: https://www.refworld.org/docid/51b719c64.html 15 Principles relating to the Status of National Institutions (The Paris Principles). Adopted by General Assembly resolution 48/134 of 20 December 1993.

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III. Background on the Practice of Torture and Ill-Treatment

Since the 1990s, Amnesty International has documented allegations of torture by the UAE authorities. One of these cases dates back to 1995,16 in which Sarah Balabagan received 100 lashes after she was convicted of murdering her employer, whom she accused of raping her.

The judicial punishment by flogging violates article 5 of the Universal Declaration of Human Rights, which states that “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” Since then, others have been subjected to forced disappearance and torture, including Abdul-Mun'im Al-Ali, and Abdul Jalil Alwan in 1996;17 Salem Abdul Rahman Al-Baloushi in 2005, who was extradited to the UAE by Saudi Arabia,18 and four others, including Hameed Salem Al-Ghawwas Al- Zaabi, who was arrested in 2004 and remained in solitary confinement for 11 months, after which he was admitted to the psychiatric unit.19 There is also the case of Abdullah Sultan Al-Sbeihat Al-Alili, who was arbitrarily arrested, forcibly disappeared, sentenced following an unfair trial, then discharged in 2009. In court, Al-Alili stated that he had been tortured by a State Security Service officer using the following methods: ● Beatings with a thick one-inch in diameter plastic tube all over his body, especially the head and legs. ● Caning on the back and sensitive body parts. ● Sleep deprivation for long hours. ● Threats of sexual assault. ● The use of offensive words and insults against him. ● Threatening to summon his family to the detention centre. Despite these allegations, he was not examined by a forensic physician to document his injuries. In 2008, Naji Hamdan, an American citizen of Lebanese origin, was arrested in the UAE by the security services at an unknown location in a very cold room, where he was subjected to severe beating. The authorities interrogated him for 89 days, sometimes for 13 consecutive hours while he was tied to an electric chair. When he was not as responsive as expected with the interrogators, he was beaten on the head until he lost consciousness. He was also threatened that his wife would be raped if he did not confess to terrorist crimes. He was eventually forced to sign statements that condemned him of these crimes. He explained that the extent of torture and threats to which he was subjected would have led him to confess even a murder.20 The Federal Supreme Court sentenced him to 18 months in prison on terrorism-related charges, and he was released after serving his term.21

16 UAE: Further Information on: Flogging: Sarah Balabagan, Amnesty International, 9 February 1996, Index number: MDE 25/003/1996, https://www.amnesty.org/en/documents/mde25/003/1996/en/ , https://www.amnesty.org/download/Documents/176000/mde250071995en.pdf 17 United Arab Emirates: further information on: fear of torture / fear of refoulement and new medical concern: Sheikh 'Abd al-Mun'im al-'Ali, 26 January 1996, https://www.amnesty.org/en/documents/mde25/001/1996/en/ 18 Further Information on UAE, Incommunicado detention/Fear of torture or ill-treatment, Amnesty International, 6-7 June 2005, https://www.amnesty.org/en/documents/mde25/001/2005/en/ , https://www.amnesty.org/download/Documents/88000/mde250012005en.pdf 19 Fear of torture or ill-treatment/ incommunicado detention/ health concern, Amnesty International, 23 August 2005 https://www.amnesty.org/download/Documents/88000/mde250042005en.pdf 20 Trade as a Cover up for Torture.. This is how Abu Dhabi Gets Away with some of its Crimes, Ultra, 1 February 2018, https://www.ultrasawt.com/%D8%A7%D9%84%D8%AA%D8%AC%D8%A7%D8%B1%D8%A9-%D8%BA%D8%B7%D8%A7%D8%A1- %D9%84%D9%84%D8%AA%D8%B9%D8%B0%D9%8A%D8%A8-%D9%87%D9%83%D8%B0%D8%A7- %D8%AA%D9%85%D8%B1%D8%B1-%D8%A3%D8%A8%D9%88%D8%B8%D8%A8%D9%8A-%D8%A8%D8%B9%D8%B6- %D8%AC%D8%B1%D8%A7%D8%A6%D9%85%D9%87%D8%A7/%D8%A7%D9%84%D8%AA%D8%B1%D8%A7- %D8%B5%D9%88%D8%AA/%D8%AD%D9%82%D9%88%D9%82- %D9%88%D8%AD%D8%B1%D9%8A%D8%A7%D8%AA/%D8%B3%D9%8A%D8%A7%D8%B3%D8%A9 21 UAE: Press Report on the Trial of Naji Hamdan, Alkarama, 13 October 2009, https://www.alkarama.org/en/node/22450

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In 2009, some foreign channels released reports about a video22 showing a very violent attack by a member of the ruling family, Sheikh Issa Al Nahyan, on an Afghan victim named Mohammad Shah Pour, who was being shot, and had sand put in his mouth, beaten up and salt was rubbed hard in his wounds. The UAE authorities were compelled to investigate the case and prosecute Sheikh Issa Al-Nahyan after the video become public, but he was acquitted by the Al-Ain court on the grounds that he was acting under the influence of drugs given to him by his aides who wanted to film him in a compromising position and then blackmail him. This incident illustrates the absence of a mechanism to ensure a fair trial in relation to allegations of torture, where the victim's voice is not heard.23 In 2014, British national David Haigh, the former managing director of Leeds United Football Club, travelled to Dubai to settle disputes with club owners who reside in Dubai. He was detained by a police officer, and remained in Dubai prison for 23 months, where he was subjected to electric shocks, rape and serious violations that led to him being hospitalised for seven months after his discharge to recover from the assault. He stated that “His case and those of others, including Briton Ahmed Zidan, who is still in custody in the UAE, have not been taken seriously because of trade priorities.”24

Arab Spring and the Escalation of Torture

Article 2 of the Convention against Torture states that “No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.” However, there have been numerous reports documented by human rights organisations covering the UAE concerning dissidents and human rights activists being arrested and tortured as the Arab Spring popular movements in other countries unfolded, including those accused in the “UAE 5” case, members of the “UAE 94” and other Arab and foreign individuals. In addition, detainees were subjected to violations that undermined their fundamental rights, and were able to secretly leak written messages that documented all forms of torture and humiliation which they experienced.25 Detainees from the UAE When the trial began of the 94 defendants, collectively known as the “UAE 94”, in 2013, a number of defendants stated that they had been tortured by denailing, severe beatings, prolonged suspension, pulling their beards and chest hair, and threatened with electric shocks, rape and murder. The judge responded by ordering medical examinations of the complainants, but this never took place.26

22 Torture tape central to lawsuit against UAE sheikh, https://www.youtube.com/watch?v=go1znJu3Kho 23 Member of United Arab Emirates ruling family implicated in 'torture' video, Amnesty International, 1 May 2009, https://www.amnesty.org/en/latest/news/2009/05/miembro-familia-dirigente-emiratos-arabes-unidos-implicado-video-tortura-2009050/ 24 Torture Complaint by A British Sports Official Against UAE officials, Arabi 21, 20 July 2017, https://arabi21.com/story/1021986/%D8%B4%D9%83%D9%88%D9%89-%D8%AA%D8%B9%D8%B0%D9%8A%D8%A8- %D9%84%D9%85%D8%B3%D8%A4%D9%88%D9%84-%D8%B1%D9%8A%D8%A7%D8%B6%D9%8A- %D8%A8%D8%B1%D9%8A%D8%B7%D8%A7%D9%86%D9%8A-%D8%B6%D8%AF- %D9%85%D8%B3%D8%A4%D9%88%D9%84%D9%8A%D9%86- %D8%A5%D9%85%D8%A7%D8%B1%D8%A7%D8%AA%D9%8A%D9%8A%D9%86 25 There is no freedom here: Silencing Dissent in the UAE, Amnesty International, Document No. 25/0186/2014, November 2014, p. 29. 26 Ibid. p. 27.

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The most prominent among those torture victims was detained economist Ahmed Ghaith Al-Suwaidi, who said that he had been tortured while in detention in order to force him to sign trumped up confessions stating that the Al-Islah Association was plotting a coup to overthrow the government. This accusation came to be the main element in the prosecution of the UAE 94, including well-known human rights lawyers Dr. Mohammed Al-Roken and Dr. Mohammed Al-Mansoori, former judge Dr. Ahmed Al-Zaabi, Saud Kleeb, Ahmed Rashid Al-Tabour27 and Mohammed Abdul Razzaq Al-Siddiq, whose daughter reported that he has been subjected to severe beatings.28 In the final hearing of the UAE 94 on 2 July 2013, the Federal Supreme Court of Abu Dhabi sentenced 56 people, including Mohammed Al-Roken and Mohammed Al-Mansoori, to 10 years in prison. Eight others were sentenced in absentia to fifteen years; and five defendants were sentenced to seven years. The court acquitted 25 defendants, including all 13 women among the accused.29 Of those convicted, 20 detainees in the case began a hunger strike on 31 July to protest the mistreatment they continued to be subjected to after the trial. Among those on hunger strike was Dr Mohammed Al-Mansoori, whose shoulder was dislocated in prison.30 In a report released in 2015, the Gulf Centre for Human Rights (GCHR) documented extensive torture and abuse experienced by 56 of the UAE 94 detainees in prisons.31 This report is based on research, including over 150 pages of documentation containing the statements of 56 detainees, obtained by GCHR from sources in the UAE. It covers incidents that took place in 2012-2014. The documents included a complaint “against the UAE Federal State Security for falsifying official documents and failing to investigate crimes of torture and depriving detainees from their legal rights granted to them by UAE law.”

Detainees from Abroad Torture was not limited to Emirati prisoners, but also included other from different countries. One case is Qatari physician Mahmoud Al-Jaidah, who was arrested in 2013 and claimed to have been tortured by beating on the face and feet, sleep deprivation, being exposed to bright light, having him drink an unknown liquid that he feared is a harmful substance. Furthermore, he was threatened with denailing and being suspended in an inverted position till he dies.32 Another case is that of Musab Abdel-Aziz, an Egyptian national who was arrested in 2014 and sentenced to three years in prison, then deported to Egypt in 2017. In a leaked letter, Abdel-Aziz stated that he had been subjected to brutal torture, and indicated that he suffered “permanent damage” to his ears as a result of torture, but did not provide further details.33 In addition, Libyan citizens Salim Al-Aradi, Mohamed Al- Aradi and Kamal Al-Darat, who were arrested in 2014, alleged having been tortured by beatings, waterboarding, exposing to extremely low temperatures, forcing them to remain standing for days in a row, and being threatened with rape. British citizens who were arrested in 2013 for possession of cannabis were tortured by electric shocks and beatings, and others were threatened with rape and were stripped naked.34

27 Ibid. p. 27 – 30. 28 Twitter account of Alaa Alsiddiq, https://twitter.com/alaa_q/status/1271364662399991808?s=20 29 United Arab Emirates: UAE 94 trial violates the basic rights to fair trial and due process, Gulf Centre for Human Rights, 27 August 2013, https://www.gc4hr.org/news/view/477 30 Ibid 31 Torture and Abuse in Prisons in the United Arab Emirates, Gulf Centre for Human Rights, 12 March 2015, https://www.gc4hr.org/report/view/33 32 Interview with Dr. Mahmoud Al-Jaidah, former detainee in UAE prisons, https://www.youtube.com/watch?v=JliYvF0hLFs&t=553s 33 UAE: Egyptian Detainee Alleges 'Brutal' Torture, Human Rights Watch, 20 February 2016, https://www.hrw.org/news/2016/02/21/uae- egyptian-detainee-alleges-brutal-torture 34 Torture of women in UAE prisons, International Centre for Justice and Human Rights, 26 June 2018, http://icjhr.org/ar/%d8%aa%d9%82%d8%b1%d9%8a%d8%b1-%d8%aa%d8%b9%d8%b0%d9%8a%d8%a8-

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Torture in Recent Years (2017-2020) The past three years since the beginning of 2017 witnessed reports and testimonies35 indicating that the UAE authorities continue to practice torture, as former and current detainees were subjected to various forms of torture and cruel, inhuman or degrading treatment in the country’s notorious prisons, including Al-Razeen prison, Al-Wathba prison and Al-Sadr prison. In addition, some prisons such as Al-Awair prison and Al-Barsha police detention centre are overcrowded and unsanitary, which makes observing social distancing and the recommended hygiene practices extremely difficult, against the backdrop of the COVID-19 pandemic. Moreover, the authorities do not provide information to the prisoners and their families about possible outbreaks or precautionary measures. This report outlines the cases of some detainees who have been subjected to torture and inhuman treatment in prison, and who managed to have their voices heard. These detainees personify courage, as the authorities attempt to suppress even expressions of pain, and threaten anyone who has been subjected to torture with further prosecution if they talk about their experience.

Ahmed Mansoor Ahmed Mansoor, the country’s most prominent human rights defender, is an engineer, poet and father of four in his early 50s, and the recipient of the 2015 Martin Ennals Award for Human Rights Defenders.36 He studied in the UAE and at the University of Colorado, Department of Electrical Engineering, where he pursued his undergraduate and master's degrees, specialising in communications engineering. He is a member of the Human Rights Watch Middle East and North Africa Division advisory committee, and the GCHR Advisory Board Mansoor was first arrested in 2011 in the “UAE 5” case and was convicted of insulting and offending UAE officials via the UAE Dialogue Forum (Al-Hiwar), which he administered and used to post articles that were critical of the UAE authorities’ policies and prominent figures. The authorities considered these opinions “a conspiracy targeting state security”, and that they constituted “inciting others to break the law, boycott elections and demonstrate against the government”. He was sentenced to three years' imprisonment, of which he served eight months, and was released by an amnesty, but his passport was confiscated afterwards, and he was prevented from travelling. All Mansoor did was express his opinion, while the authorities considered that a crime against state security. After having been pardoned, Mansoor received a public death threat, and suffered two physical assaults, a suspicious theft of his car, and the mysterious disappearance of personal savings amounting to thousands of US dollars from his bank account. Despite all that, he continued his activism. Mansoor defended many detainees of opinion in the “UAE 94” case as well as others, including Osama Al-Najjar, the son of one of the detainees. He talked about the case of Dr. Nasser Bin Ghaith through various media outlets, most notably his personal account on Twitter.37 He worked to connect detainees in UAE prisons with human rights organisations that could shed light on their suffering.

%d8%a7%d9%84%d9%85%d8%b1%d8%a3%d8%a9-%d9%81%d9%8a-%d8%b3%d8%ac%d9%88%d9%86- %d8%a7%d9%84%d8%a7%d9%85%d8%a7%d8%b1%d8%a7%d8%aa/ 35 It is difficult to reveal the identities of the sources or give details about what they have been subjected to, given the risk to the detainee and people close to him should the source of information be identified by the authorities. 36 Ahmed Mansoor 2015 Laureate, Martin Ennals Award for Human Rights Defenders, https://www.martinennalsaward.org/hrd/ahmed- mansoor/ 37 Ahmed Mansoor Twitter account, https://twitter.com/Ahmed_Mansoor

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Mansoor was dubbed “the Million Dollar Dissident” by Citizen Lab, an organisation focusing on research, development, policy and communication technologies, at their intersection of information and human rights and global security, based in Toronto.38 This nickname is related to an attempted hack of his phone via text messages sent to his phone with a link to information about detainees in the UAE. His mobile would have been hacked if he clicked on the link, allowing control of the phone, remotely accessing the device's camera, in addition to tracking location. This spyware was developed by an Israeli cybertechnology firm, and the cost for Apple to fix the bug that allowed the hack was estimated at one million dollars. On the night of 20 March 2017, UAE security forces arrested Mansoor and held him for over a year. He was unable to contact a lawyer, and only limited family visits were allowed. After 14 months, in May 2018, Mansoor was sentenced following a closed trial to 10 years imprisonment for cybercrime and posting false information defaming the UAE and its foreign policy. He was also convicted of inciting sedition, anarchy, sectarianism and hatred via Facebook and Twitter.39 In addition to the prison sentence, he was fined 1 million UAE dirhams, as well as being subjected to three years’ probation after his release.40 On 31 December 2018, the Federal Supreme Court, the high-instance court in the country for cases pertaining to state security, upheld the previous ruling in Mansoor’s case, which eliminated all his chances of early release.41 Many human rights activists, including friends of Mansoor, consider the actions for which he stood trial as natural rights, but the authorities consider expressing one’s opinions a cybercrime which harms state security, and therefore warrants an excessive fine and a prolonged imprisonment sentence. Since his arrest almost four years ago, Mansoor has been held in solitary confinement, in a cell that measures 2 x 2 metres, within the isolation ward of Al-Sadr Prison in Abu Dhabi. Mansoor sleeps on the floor with no bed or mattress, and is deprived of any means to pass time during his long days. He has no books or television. He was not allowed to leave his cell or even go to the canteen except for a few family visits, and was only once allowed outside in the prison's exercise yard during the first two years of his imprisonment. Mansoor began a month-long hunger strike in March 201942 to protest his unjust conviction and detention conditions. In addition to the aforementioned, he was unable to access running water and was not allowed to leave his cell to shower. As a result, his physical and mental state deteriorated considerably, and rendered him too weak to walk unaided. His eyesight also deteriorated and he has high blood pressure. His overall health remains fragile, and, with the spread of the Covid-19 pandemic in Emirati prisons in 2020, he would be at high risk should he be infected.43

38 The Million Dollar Dissident, the Citizen Lab, 24 August 2016, https://citizenlab.ca/2016/08/million-dollar-dissident-iphone-zero-day-nso- group-uae/ 39 Open letter to the Emirati authorities to free human rights defender Ahmed Mansoor on his 50th Birthday, Gulf Centre for Human RIghts, 16 October 2019, https://www.gc4hr.org/news/view/2229 40 Emirati Ahmed Mansoor fails to overturn 10-year jail term for insulting UAE and its leaders, the National News, 31 December 2018, https://www.thenationalnews.com/uae/government/emirati-ahmed-mansoor-fails-to-overturn-10-year-jail-term-for-insulting-uae-and-its-leaders- 1.808045 41 Open letter to the Emirati authorities to free human rights defender Ahmed Mansoor on his 50th Birthday, Gulf Centre for Human RIghts, 16 October 2019, https://www.gc4hr.org/news/view/2229 42 United Arab Emirates: Ahmed Mansoor remains on hunger strike in poor conditions as eyesight deteriorate, Gulf Centre for Human Rights, 24 April 2019, https://www.gc4hr.org/news/view/2115 43 Release Leading Emirati Human Rights Defender Ahmed Mansoor, Convicted Two Years Ago, International Campaign for Freedom in the United Arab Emirates (ICFUAE), 29 May 2020, http://icfuae.org.uk/press-releases/release-leading-emirati-human-rights-defender-ahmed- mansoor-convicted-two-years-ago

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In May 2019, seven UN experts issued a statement44 urging the UAE authorities to provide Mansoor with medical treatment and improve the conditions of his detention. The statement also called on the authorities to ensure his retrial. The statement noted that “prolonged periods of solitary confinement may amount to torture,” and stated that the conditions of his detention “violate basic international human rights standards and risk taking an irrevocable toll on his health.” Following his first hunger strike, authorities allowed Mansoor to contact his ill mother, whom he had not seen since his arrest. He was also allowed to go outside in the sun. Mansoor ended his hunger strike, and was told that he will be getting a bed, but to this day he still has no bed or mattress. Therefore, he began a new strike on 7 September 2019 after being severely beaten, and not getting what he was promised. This strike caused him serious health problems45 as he only consumed juice and mineral water. In early 2020, family visits were cancelled due to COVID-19 restrictions.46 In October 2019, 140 government organisations appealed to the UAE authorities for the release of Ahmed Mansoor.47 The cruel and inhuman treatment that Ahmed Mansoor was subjected to in prison, as well as corporal torture, constitute violations of the Convention Against Torture ratified by the UAE, and warrant an investigation to ensure his safety.

Artur Ligęska Artur Ligęska is a Polish businessman arrested in April 2018 on drug charges, despite a complete lack of evidence. Ligęska claims that a dispute with a member of the ruling family in Abu Dhabi was the real reason for his arrest. Ligęska remained in pre-trial detention for five months at Dubai Central Prison. After that, he was sentenced to life in prison without parole, and served eight months in prison, before the Polish authorities were able to secure his release in May 2019. He returned to Poland and tried to rebuild his life. Although free now, Ligęska remains scarred by his traumatic experience, and sees a specialist to deal with post-traumatic stress disorder (PTSD), which he attributes to the brutality he was subjected to in prison, including having been raped by prison guards, for which he required surgery. An interview was released by Human Rights Watch in January 2020 in which he spoke about having met Ahmed Mansoor, and confirmed the allegations of torture and the inhuman conditions at Al-Sadr Prison. Ligęska and Mansoor have both been subjected to abuse, and Ligęska wants the authorities to open an investigation into these events, but is unwilling to risk a return to the UAE to do so.48

44 UAE: UN Experts Condemn Conditions of Detention for Jailed Activist Ahmed Mansoor, 7 May 2019, https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=24571&LangID=E#:~:text=GENEVA%20(07%20May%202019)%2 0%E2%80%93,solitary%20confinement%2C%20may%20constitute%20torture. 45 United Arab Emirates: Ahmed Mansoor remains at imminent risk following repeated hunger strikes in isolation cell, Gulf Centre for Human Rights, 16 December 2019, https://www.gc4hr.org/news/view/2281 46 United Arab Emirates: Ahmed Mansoor denied contact with his family, remains in prison in unsanitary conditions, Gulf Centre for Human Rights, 6 June 2020, https://www.gc4hr.org/news/view/2408 47 United Arab Emirates: Open letter to the Emirati authorities to free human rights defender Ahmed Mansoor on his 50th Birthday, Gulf Centre for Human Rights, 16 October 2019, https://www.gc4hr.org/news/view/2229 48 Artur and Ahmed: Prison Mates in UAE Hell, Human Rights Watch, 8 January 2020, https://www.hrw.org/news/2020/01/08/artur-and-ahmed- prison-mates-uae-hell

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Dr. Nasser Bin Ghaith Dr. Nasser Bin Ghaith is a prominent academic, economist and lecturer at the Sorbonne-Paris University in Abu Dhabi. Following his first arrest, together with Ahmed Mansoor in the 2011 UAE 5 case,49 he wrote a letter, which was subsequently leaked, in which he explained the legal flaws that violated his right to a fair trial. The letter demanded that the court put an end to the secret trial, and order the release of the detained activists on bail. Following the publication of the letter, Dr. Bin Ghaith complained that prison authorities had encouraged other inmates to harass him, and after getting into a fight with another prisoner, he was tied up and held in a solitary cell without air conditioning at 40°C. He was later released following an amnesty for the UAE 5.50 However, Dr. Bin Ghaith was arrested again in August 2015 and held incommunicado. The first court hearing was held in April 2016, and the trial was marred by many violations of his fundamental rights, including that the trial took place following nine months of solitary confinement, during which his whereabouts were unknown. Moreover, he informed the court that he had been tortured, beaten and deprived of sleep for up to one week; but instead of ordering an independent investigation into those allegations, the judge turned off the microphone Dr. Bin Ghaith was using and prevented him from speaking.51 Neither Dr. Bin Ghaith nor his family were informed of the reason for his arrest. He was not allowed to consult a lawyer, and was not made aware of the charges against him until the second hearing in May 2016. The charges against him violate his right to freedom of expression. Furthermore, the trial by the State Security Division of the Federal Supreme Court violated fair trial standards, since its orders are non- appealable.52 Among the charges against Dr. Bin Ghaith were committing a hostile act against a foreign country, in relation to him having criticised the mass killing of demonstrators in Rabaa Square in Egypt via his Twitter account. He also faced charges of disseminating information aimed at harming the UAE by claiming that he was tortured and treated unfairly during the previous judicial proceedings of the UAE 5 case in which he and five other men were convicted of publicly insulting UAE officials. Another charge was endangering state security and the country's interests because of tweets in which he, as reported by local media outlets, “made statements mocking The UAE government’s decision to allocate a plot of land for the construction of a Hindu temple.” The fourth and fifth charges revolved around his association with the Umma Party and Al-Islah Association, both classified by the UAE authorities as terrorist organisations. These latter charges were denied by Dr. Bin Ghaith’s family in a statement on Twitter. In March 2017, Dr. Bin Ghaith was sentenced to 10 years’ imprisonment, after he was convicted of several charges, including “insulting the UAE”, in relation to comments he had posted on Twitter about the treatment he was subjected to during his previous trial. He was also convicted of “communicating and collaborating with members of the banned Al-Islah Association”. During his trial, the UAE authorities restricted his access to his lawyer, which prevented adequate preparation of a defence.53 After the verdict was announced, Dr. Bin Ghaith wrote a letter in which he said “I feel really sad for having been unfairly tried by my own people in my country, which is proclaimed to be the land of tolerance and happiness.”

49 ‘UAE FIVE’ Pardoned by President, Amnesty International, 14 December 2011, https://www.amnesty.org/download/Documents/32000/mde250112011en.pdf 50 United Arab Emirates: Prominent Academic Arrested, Risks Torture: Dr Nasser Bin Ghaith, Amnesty International, 19 August 2015, https://www.amnesty.org/en/documents/mde25/2299/2015/en/ 51 United Arab Emirates: Stop Paying Lip Service to Human Rights and Release Dr Nasser Bin Ghaith, Amnesty International, 28 March 2017, https://www.amnesty.org/en/documents/mde25/5968/2017/en/ 52 The Static and the Dynamic 2017: The Gulf Region and Economic Reform in the Time of the Oil Crisis, Gulf Centre for Development Policies, https://gulfpolicies.org/index.php?option=com_content&view=article&id=2294&catid=9 53 UAE: Fears Grow for Health of Unjustly Imprisoned Academic, Amnesty International, 20 December 2018, https://www.amnesty.org/en/latest/news/2018/12/uae-fears-grow-for-health-of-unjustly-imprisoned-academic/

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He also announced that he would “begin an open-ended hunger strike,” and that he was forced to take this decision “as I have no choice but to fight the battle of empty intestines to restore my freedom, which my own people have regretfully taken away from me.”54 Dr. Bin Ghaith went on three hunger strikes starting in April 2017, the first of which lasted about two months. He began a second hunger strike on 25 February 2018 protesting his sentence. The third strike began in November 2018,55 during which Dr. Bin Ghaith only ate very small quantities of food, and his health deteriorated dramatically as a result. Dr. Bin Ghaith began this hunger strike to protest the ill- treatment of the detainees by prison authorities, including denying them access to medical care and regular family visits. Prior to his arrest, he suffered from high blood pressure and early stage fatty liver disease. According to reliable information, Dr. Bin Ghaith lost much of his eyesight, and became too weak to stand up and walk unaided as a result of his repeated hunger strikes.56 He put an end to the strike after he was warned that family visits would be forbidden, after news of his hunger strike reached world media and human rights organisations. Despite the detention condition which violate the Convention Against Torture, the inhuman treatment that Dr. Bin Ghaith faced in Al-Razeen prison, and his repeated hunger strikes, the authorities’ only response was to threaten him with beating, death and denial of health care.

Alia Abdel-Noor Alia Abdel-Noor, a 42-year-old Emirati national was arrested after she made donations to Syrian families in 2011, at the beginning of the Syrian revolution. On 28 July 2015, state security forces arrested her from her family's home in Ajman, and took her to a secret prison. She was held in a cold cell without windows, lighting or ventilation. She was not given a mattress or blanket for 15 days, remained blindfolded, deprived of sleep, prevented from praying, and was only allowed to use the toilet at specified times. She remained in solitary confinement for four months, and experienced the recurrence of breast cancer one month after her arrest. During this period, she was unable to contact her family. Although she was diagnosed with cancer, she was interrogated, handcuffed and blindfolded, in addition to being threatened with suspension by her feet, beatings and that her parents and sister would be harmed. In November 2015, she was forced to sign confessions which she was unable to read since she was blindfolded at the time. She was then transferred to Al-Wathba prison to spend 11 months in pre-trial detention. After being held in a small, crowded and filthy cell, her illness worsened, and she went on several hunger strikes in protest to these conditions.57 Abdel-Noor and her family were not informed of the reason for her arrest. She was unable to communicate with a lawyer or with family members except through restricted phone calls. On 5 September 2016, a year after her arrest, she was informed for the first time by the State Security Prosecutor of the charges against her; which included “financing terrorist groups, managing websites and disseminating news about Al-Qaeda and information harmful to the state.”58

54 Nasser Bin Ghaith Declares Hunger Strike in a Letter Sent from His Prison Cell, ICFUAE, 17 April 2017, http://icfuae.org.uk/news/nasser- bin-ghaith-declares-hunger-strike-letter-sent-his-prison-cell 55 United Arab Emirates: Health of Dr. Nasser Bin Ghaith Failing Following Prolonged Hunger Strike, Gulf Centre for Human Rights, 9 January 2019, https://www.gc4hr.org/news/view/2031 56 Hunger-striking Academic in Critical Condition, Amnesty International, 18 May 2020, https://www.amnesty.org.uk/resources/urgent-action- update-hunger-striking-academic-critical-condition 57 UAE: Cancer-Stricken Prisoner Ill-Treated, Human Rights Watch, 26 February 2019, https://www.hrw.org/news/2019/02/26/uae-cancer- stricken-prisoner-ill-treated 58 Ibid.

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During the trial held on 18 January 2017, her confession statement was presented as evidence, together with a record of her browsing history. Due to insufficient evidence and the forced confessions, her lawyer called for the charges against her to be dropped. Nevertheless, she was sentenced to 10 years in prison, which was upheld by the Federal Supreme Court on 15 May 2017. Medical reports confirmed the deterioration of her health condition and documented extreme weight loss and severe malnutrition, after she was transferred in November 2016 to Mafraq Hospital in Abu Dhabi.59 The authorities also claimed that she refused chemotherapy although she needed it. Her family denied such claims, as she informed them that she had been forced again to sign a document in which she stated that she had refused treatment. On 10 January 2018, Abdel-Noor was transferred to Tawam Hospital for palliative care after her condition worsened. On 21 January, family members said that they were able to visit her at hospital, and that she was chained to the bed and heavily guarded. When they asked prison guards to remove the chains to give her some relief, they responded by saying that the chains would remain till her death. Physicians had explained to Abdel-Noor's family that her days were numbered, the family made appeals for her compassionate release by contacting the Ministry of Interior, the Public Prosecutor, and the crown prince. Compassionate release is permitted under Emirati law when a prisoner is at the final stage of a terminal illness. The request was nevertheless denied. Abdel-Noor died chained to a hospital bed on 4 May 2019, after the UAE authorities disregarded the repeated appeals made by UN human rights experts for her release so that she could spend her final days in dignity. The UN Human Rights Office called for a comprehensive and credible investigation into the circumstances of her death and into allegations of her having been subjected to torture and ill-treatment. The UN HR Office also demanded that all suspected perpetrators be held accountable.60 In addition, thirty UK Parliamentarians called on the UAE authorities to open an independent investigation into Abdel- Noor’s case to establish whether she was treated in line with internationally agreed standards and, if appropriate, to initiate the prosecution of those responsible for any human rights violations that may have occurred.61 One of the women inmates62 in Al-Wathba prison leaked a recorded voice message in which she spoke of the circumstances surrounding Abdel-Noor’s death and what she went through. She said “I will never forget how Alia, gaunt and weak, with chained hands and feet, walked heavily for long distances without a wheelchair. I will never forget the policewoman ordering tightening Alia’s handcuffs as much as possible... I will never forget Alia appearing at court when she could barely stand or talk.”63

59 Alya Abdulnoor dies in detention at UAE hospital after being denied adequate medical treatment since 2015 arrest, MENA Rights Group, 10 May 2019, https://menarights.org/en/caseprofile/alya-abdulnoor-arbitrarily-detained-uae-hospital-and-denied-adequate-medical-treatment 60 UN Human Rights Office Calls on UAE to Investigate the Circumstances of Alia Abdel Nour's Death, 7 May 2019, https://news.un.org/ar/story/2019/05/1032511 61 Alia Abdel-Noor Case: UK Parliamentarians Call on UAE to Investigate her Death in Prison, BBC News, 29 July 2019, https://www.bbc.com/arabic/middleeast-49152693 62 Testimony of Amina Al-Abdouli, We Record Twitter account, https://twitter.com/WeRecordAR/status/1257286218355806209?s=20 63 This is How Emirati Detainee Alia Abdel Noor was Tortured Before She Died, Arabi 21, 4 May 2020, https://arabi21.com/story/1267526/%D9%87%D9%83%D8%B0%D8%A7-%D8%AA%D9%85- %D8%AA%D8%B9%D8%B0%D9%8A%D8%A8-%D8%A7%D9%84%D9%85%D8%B9%D8%AA%D9%82%D9%84%D8%A9- %D8%A7%D9%84%D8%A5%D9%85%D8%A7%D8%B1%D8%A7%D8%AA%D9%8A%D8%A9- %D8%B9%D9%84%D9%8A%D8%A7%D8%A1-%D8%B9%D8%A8%D8%AF-%D8%A7%D9%84%D9%86%D9%88%D8%B1- %D9%82%D8%A8%D9%84-%D9%88%D9%81%D8%A7%D8%AA%D9%87%D8%A7

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The day after Abdel-Noor's death, the UAE authorities released a statement64 which said that she died of breast cancer, which she had been suffering from since 2008. The spokesperson for the Public Prosecutor's office, Ahmed Abdullah al-Hammadi, the head of the Public Prosecutor's office, stated that the information currently being circulated on suspicious, malicious and anti-state accounts is incorrect information, and that Abdel-Noor received all the health care necessary to her condition which the country provides to all its nationals and residents. To date, no thorough inquiry was opened into the circumstances of her case and what she has been subjected to.

Amina Al-Abdouli Amina Mohammed Ahmed Saeed Al-Abdouli65 is a 37-year-old Emirati teacher and mother of five. On 19 November 2015, she was arrested from her home, then she was held at an undisclosed location, where she was subjected to torture and ill-treatment, including removing her clothing, beating and blindfolding her, in addition to sleep deprivation. Moreover, her sister Moza and her brother Musab were also arrested, and on 29 November 2015, her brother Waleed was arrested for speaking out against the detention of his siblings.66 Al-Abdouli remained in custody at a secret prison for seven and a half months, where she was held incommunicado in a small cell with no windows. During interrogations she was subjected to beating and insults, in addition to threats against her family. On 9 February 2016, under threat of further beatings, Al- Abdouli signed documents without knowledge of their contents. She was not allowed to communicate with a lawyer either.67 Al-Abdouli's health deteriorated to the point of losing sight in her left eye due to repeated beating during the first three months of her detention. While she was in custody at a secret detention facility, she went on several hunger strikes to protest ill-treatment. Her trial began on 27 June 2016. On 30 June 2016, she was transferred to the notorious Al-Wathba prison. The forced confessions she had made under duress were used as evidence. She was then informed of the charges against her, in accordance with the Cybercrime Act, including “inciting hatred against the State and disturbing public order, undermining the reputation of state institutions, and spreading false information that jeopardises the state’s relations with its allies”. These accusations relate to comments which she allegedly made on Twitter concerning her father’s death in Syria in 2013. On 31 October 2016, she was sentenced to five years in prison, and fined 500,000 dirhams. The verdict was final and cannot be appealed.68 Since her transfer to Al-Wathba prison, Al-Abdouli has been subjected to poor conditions and degrading treatment by other inmates, and the prison administration has not investigated these incidents, nor did it ensure her safety in custody. On 12 February 2019, UN representatives made an urgent appeal to the UAE authorities concerning the arrest and detention conditions of Al-Abdouli.69

64 The Federal Prosecutor's Office: Alia Abdel-Noor Died of Cancer while Receiving Treatment at Hospital, Albayan, 5 May 2019, https://www.albayan.ae/across-the-uae/news-and-reports/2019-05-05-1.3552865 65 UAE: Activist Amina Al-Abdouli Scheduled to Be Released in Coming Days, Emirates Centre for Human Rights, 11 November 2020, http://echr.org.uk/en/news/uae-activist-amina-al-abdouli-scheduled-be-released-coming-days 66 Amina Al-Abdouli, Detained by Emirati Authorities since 2015, MENA Rights Group, 15 May 2020, https://menarights.org/en/caseprofile/amina-al-abdouli-detained-emirati-authorities-2015 67 UAE: Activist Amina Al-Abdouli Scheduled to Be Released in Coming Days, Emirates Centre for Human Rights, 11 November 2020, http://echr.org.uk/en/news/uae-activist-amina-al-abdouli-scheduled-be-released-coming-days 68 Amina Al-Abdouli, Detained by Emirati Authorities since 2015, MENA Rights Group, 15 May 2020, https://menarights.org/en/caseprofile/amina-al-abdouli-detained-emirati-authorities-2015 69 Letter to the UAE authorities by the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health; the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism; and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment. 12 February 2019, https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=24341

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Al-Abdouli and another prisoner, Maryam Al-Balushi, tried to make their voices heard about what they suffered in prison.70 As a result, they faced three additional charges on 30 July 2019, including “leaking false information” that “negatively affects the reputation of the UAE and Al-Wathba prison”, in addition to “causing problems between countries”. The two women were not able to contact a lawyer. In March 2020, UN human rights experts urged the UAE authorities to investigate the “detention conditions that amount to torture or cruel, inhuman or degrading treatment or punishment,” and called on the government to “urgently undertake a prompt and impartial investigation in response to the alleged acts of torture and ill-treatment of Ms Al-Abdouli, Ms Al-Balushi and Ms Abdul-Nour.”71 Al-Abdouli was not released, although her term in prison ended in November 2020. This was in connection with the new case against her, an approach which the UAE authorities have already used against other prisoners of conscience who remain in arbitrary detention despite the end of their sentences.72

Maryam Al-Balushi Maryam Al-Balushi,73 an Emirati national from Kalba city in the Emirate of Sharjah, was arrested on 19 November 2015 by state security officers without an arrest warrant. She was 19 at the time and a student at the Higher College of Technology. Al-Balushi was subjected to forced disappearance for five months. She was only able to contact her family after being held in a secret prison for three months. Al-Balushi was beaten on the head and eyes by a female guard named Um Hamid together with two male guards. Prison authorities placed a surveillance camera on the door of the restroom Al-Balushi used, and she was threatened with rape, which led her to make a forced confession.74 In February 2016, she was charged with “financing terrorism” by the State Security Prosecution in accordance with the Cybercrime Act, without the presence of a lawyer. On 12 April 2016, she was transferred to Al-Wathba prison. Two voice messages75 76 were leaked from prison, in which Al-Balushi stated that she suffered from pain in her eyes, and that she was not able to see normally. She further added that she had signed statements extracted from her under torture, after the prosecutor misled her into believing that her sentence would not exceed six months and that her case was simple. On 24 October 2016, Al-Balushi’s trial began before the Criminal Chamber of the Federal Court of Appeal in Abu Dhabi, during which her forced confessions were considered valid evidence. On 22 February 2017, she was sentenced to five years in prison, and despite her attempt to appeal the verdict, the Federal Supreme Court upheld the sentence on 5 June 2017.

70 Women in Abu Dhabi Prisons Tell The Story of Torture and Rape Threats, https://www.youtube.com/watch?v=bBKP3RSNKVM&feature=youtu.be 71 United Arab Emirates: UN human rights experts call for urgent reforms of degrading conditions of detention, 17 March 2020, https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25726 72 UAE: Activist Amina Al-Abdouli Scheduled to Be Released in Coming Days, Emirates Centre for Human Rights, 11 November 2020, http://echr.org.uk/en/news/uae-activist-amina-al-abdouli-scheduled-be-released-coming-days 73 Maryam Al Balushi, Detained by Emirati Authorities since 2015, MENA Rights Group, 4 November 2020, https://menarights.org/en/caseprofile/maryam-al-balushi-detained-emirati-authorities-2015 74 United Arab Emirates: a Series of Violations, Starting with Enforced Disappearance and Ending with Likely Death, We Record, September 2019, http://werecord.org/wp-content/uploads/2019/09/Emirates-.pdf 75 1st Voice Recording, https://www.youtube.com/watch?v=WThTwBVMG3A&t=1s 76 2nd Voice Recording, https://www.youtube.com/watch?v=r1l6l8dI0_c&t=2s

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At the appeal stage, the judge dismissed the claims and inquiries of the defense attorney, and during the last two hearings she was not allowed to communicate with her legal counsel. She was convicted of financing a terrorist organisation, after providing financial aid to a distressed Syrian family, amounting to 2,300 dirhams77 (nearly USD $600), in 2014. The judge dismissed her claims of torture and forced disappearances, and defended the security apparatus.78 Bill Law, a political analyst and specialist in Gulf affairs wrote an article79 concerning the case of Al- Balushi presents Al-Balushi's account of a conversation that took place while she was being interrogated. At one point she said, “During the investigation, I told the investigator that sooner or later I will be released and I will complain to human rights organisations and Mohammed Bin Zayed about you.” Yet Al-Balushi said that the investigator's response was to laugh and tell her “it was Mohammed Bin Zayed himself that allowed (me) to beat you.”80 Al-Balushi faced retaliatory actions for her attempts to defend her case and exonerate herself of the charges against her through making her voice heard by the outside world, together with fellow detainee Amina Al-Abdouli. As previously mentioned, she was accused of a number of new charges as punishment. In September 2019, the annual report of the Office of the United Nations High Commissioner for Human Rights stated that it had received reports that detention conditions of Al-Balushi had worsened after the United Nations received information about her situation.81 At the beginning of 2020, Maryam Al-Balushi and Amina Al-Abdouli were held in solitary confinement for several days on a weekly basis for refusing to provide recorded confessions that would incriminate them. This led both to go on hunger strike in February 2020. In March 2020, Al-Balushi attempted suicide by cutting her wrist, and was taken to Al- Wathba prison clinic to have her wound treated.82 In addition to concerns over the safety of Al-Abdouli and Al-Balushi and their physical and mental health, Al-Balushi’s suicide attempt demonstrates the magnitude of suffering and the harsh detention conditions, according to two UN experts.83 As was the case with Al-Abdouli, Maryam Al-Balushi was not released, despite her sentence having ended in November 2020.84

77 Maryam Suleiman Al-Balushi, Another Victim of torture in Al-Wathba Prison, International Centre for Justice and Human Rights, http://icjhr.org/ 78 United Arab Emirates: a Series of Violations, Starting with Enforced Disappearance and Ending with Likely Death, We Record, September 2019, http://werecord.org/wp-content/uploads/2019/09/Emirates-.pdf 79 An Extraordinary Tale of Courage from a Woman in Jail in the UAE, Middle East Monitor, 17 November 2018, https://www.middleeastmonitor.com/20181117-an-extraordinary-tale-of-courage-from-a-woman-in-jail-in-the-uae/ 80 1st Voice Recording, https://www.youtube.com/watch?v=WThTwBVMG3A&t=1s 81 UAE: Woman Prisoner Reportedly Attempts Suicide, Human Rights Watch, 13 March 2020, https://www.hrw.org/news/2020/03/13/uae- woman-prisoner-reportedly-attempts-suicide 82 Maryam Al Balushi, Detained by Emirati Authorities since 2015, MENA Rights Group, 4 November 2020, https://menarights.org/en/caseprofile/maryam-al-balushi-detained-emirati-authorities-2015 83 UN Human Rights Experts Call For Urgent Reforms of Degrading Conditions of Detention in the UAE, 17 March 2020, https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25726 84 UAE: Activist Mariam Al-Balushi to be Released After Five Years in Detention, Emirates Centre for Human Rights, 12 November 2020, https://www.echr.org.uk/en/news/uae-activist-mariam-al-balushi-be-released-after-five-years-detention

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Sheikha Latifa Al Maktoum Runaway princess Sheikha Latifa Al Maktoum has a movie-like story. Sheikha Latifa, aged 35, is the daughter of Sheikh Mohammed Bin Rashid Al Maktoum, ruler of Dubai, and her mother is his Algerian wife, Houria Ahmed Lamash. On 11 March 2018, Sheikha Latifa appeared in a 39-minute YouTube video in which she said, “If you are watching this it means that I am dead or in a very, very bad situation.” She explained that she had previously tried to flee the UAE in 2001, but was arrested and imprisoned for three years, during which she was tortured and told that her father had ordered she be beaten to death.85 After that, a number of Western newspapers and media outlets published the story of her second escape attempt on 24 February 2018 with the help of her friends Tina Jauhiainen and Hervé Jaubert who skippered the yacht Nostromo during the escape. Sheikha Latifa had left with her friend Jauhiainen to Muscat, then boarded the yacht. They spent several days at sea until the Nostromo approached the coast of Goa State on 4 March, then the Indian Coast Guard forcibly broke into the yacht and beat up the crew so violently that some of them fell unconscious. Sheikha Latifa was then arrested, then the UAE forces took over the yacht which was docked in Fujairah.86 Several foreign newspapers and media outlets reported her story along with the video she recorded, and provided images of her passport and identity card as well. The BBC produced a documentary about her story,87 and numerous interviews were conducted with those who aided in her escape, who were later released. A #FreeLatifa campaign was launched to follow up on her case legally and ensure media coverage. Moreover, stories circulated about Sheikha Latifa’s sister, Shamsa, who had previously tried to flee the country in 2000 and is still imprisoned in the UAE. The United Nations88 and human rights organisations such as Amnesty International89 and Human Rights Watch90 have called for Sheikha Latifa's release and inquired about her status. The first response from a government source in Dubai was made to the Guardian on 18 April 2018. This statement said that she had “been brought back,” and that she was “with her family,” “in an excellent condition.”91 On 24 December 2018, the BBC92 published, based on information from the UAE Foreign Ministry, a picture of Mary Robinson, the former High Commissioner for Human Rights and former President of the Republic of Ireland, with Sheikha Latifa. Robinson said that Sheikha Latifa was “receiving the care and support she needed.” Robinson had met Sheikha Latifa on 15 December, at the invitation of Princess Haya, one of the wives of Sheikh Mohammed, Latifa’s father, to help with a “family dilemma.”

85 Latifa Al Maktoum: Escape from Dubai, Hervé Jaubert, https://www.youtube.com/watch?v=UN7OEFyNUkQ 86 Mystery of the Runaway Princess, Paul Thompson, the Daily Mail, 9 March 2018, https://www.dailymail.co.uk/news/article- 5478493/Runaway-Princess-mystery-ruler-Dubai-daughter-flees-country.html 87 Escape from Dubai: The Mystery of the Missing Princess, BBC, https://www.bbc.co.uk/programmes/b0bshk6s 88 UN Group Demands Answers From India and the UAE Over Sheikha Latifa, #FreeLatifa, 12 May 2018, https://freelatifa.com/pressure- mounts-on-uae-and-india-as-un-working-group-demands-answers-on-sheikha-latifas-disappearance/ 89 United Arab Emirates: Six Months after Her Capture at Sea, Sheikha Latifa Al Maktoum Still Held Incommunicado, Amnesty International, 4 September 2018, https://www.amnesty.org/en/documents/mde25/8977/2018/en/ 90 UAE: Reveal Status of Dubai Ruler's Daughter, Human Rights Watch, 5 May 2018, https://www.hrw.org/news/2018/05/05/uae-reveal-status- dubai-rulers-daughter 91 Runaway 32-year-old princess ‘brought back’ to Dubai, The Guardian, 18 April 2018, https://www.theguardian.com/sport/2018/apr/18/runaway-32-year-old-princess-brought-back-to-dubai 92 Sheikha Latifa: Images of 'Missing' Dubai Princess Released, BBC News, 24 December 2018, https://www.bbc.com/news/world-middle-east- 46674420

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Following the visit, Robinson faced a lot of criticism, and was labelled “a willing pawn.” Human rights activists said that she let herself be deceived by Sheikha Latifa's family, and that she was not competent to assess Sheikha Latifa's mental health. Furthermore, anything that Sheikha Latifa said cannot be accepted as a true statement since she is still imprisoned by the same people who she attempted to escape from. In addition, her abduction calls for an international investigation considering the involvement of international parties, and the harm inflicted on several witnesses during the assault.93 In March 2020, two years after Sheikha Latifa's abduction, a United Kingdom Family Court ruling, issued by Judge Sir Andrew MacFarlane, stated that Sheikh Mohammed Bin Rashid had planned for the abduction of both his daughters and deprived them of their liberty. The first daughter being Princess Shamsa, who was kidnapped as a teenager in Cambridge. The second is Princess Latifa, who was abducted from a yacht in the Indian Ocean and forcibly returned to Dubai after attempting to escape in 2018. Her allegations of being subjected to physical abuse and torture were deemed credible94 by the judge, who had jurisdiction over the case since the older sibling lived in the UK.

Abdullah Al-Shamsi Abdullah Al-Shamsi is an Omani national who was a 19-year-old high school student at the time of his arrest in the UAE in August 2018. He was held by state security in solitary confinement where he was subjected to torture. Al-Shamsi had already been suffering from depression, kidney cancer, diabetes and high blood pressure. He is now 21 years old, and his condition has deteriorated leading to a breakdown in his mental health. He was sentenced to life imprisonment in May 2020,95 after a reportedly unfair trial.96 The United Nations Working Group on Arbitrary Detention submitted a report on Al-Shamsi's case, which concluded that his detention was arbitrary.97 During interrogation in the first three months following his arrest, Al-Shamsi was tortured by state security agents through beatings, electric shocks, denailing and other methods. He was unable to contact a lawyer throughout his pre-trial detention, and the interrogators forced him while he was blindfolded to sign a confession which was used as evidence in court. His family members saw signs of torture on his body in February 2019 and March 2020.98

Salem Musa Fayrouz Khamis Salem Khamis is a UAE national who was sentenced to seven years in prison for collaborating with a foreign country. The sentence came after he admitted to providing a foreign country with confidential information about national security as well as state facilities and relations; through communicating with personnel of a foreign state consulate while attending to some paperwork for his Iranian wife in 2008.

93 Mary Robinson Labelled a Willing Pawn for the UAE After Visiting the ‘Imprisoned’ Daughter of Dubai's Ruler, Al-Quds Al-Arabi, 29 December 2018, https://www.alquds.co.uk/%D9%87%D9%84-%D9%83%D8%A7%D9%86%D8%AA- %D9%85%D8%A7%D8%B1%D9%8A-%D8%B1%D9%88%D8%A8%D9%86%D8%B3%D9%88%D9%86- %D8%A8%D9%8A%D8%AF%D9%82-%D8%B4%D8%B7%D8%B1%D9%86%D8%AC-%D9%84%D9%84%D8%B9%D8%A7%D8%A6/ 94 The Quest to Free Dubai’s Kidnapped Princess Continues, #FreeLatifa, 13 October 2020, https://freelatifa.com/home_latest_news/the-quest- to-free-dubai-skidnapped-princess-continues/ 95 Omani Citizen Sentenced to Life in Prison on Charges of Spying for Qatar, BBC News, 7 May 2020, https://www.bbc.com/arabic/trending- 52580999 96 UAE: Omani Sentenced to Life in Tainted Trial, Human Rights Watch, 9 July 2020, https://www.hrw.org/news/2020/07/09/uae-omani- sentenced-life-tainted-trial 97 United Nations Human Rights Council, Opinions adopted by the Working Group on Arbitrary Detention at its eighty-seventh session, 27 April - 1 May 2020, A/HRC/WGAD/2020 98 UAE: Life Sentence Against Omani Detainee Abdullah Al-Shamsi Withheld, Emirates Centre for Human Rights, 11 August 2020, http://www.echr.org.uk/ar/akhr-alakhbar/alamarat-tayyd-hkm-almwbd-bhq-almtql-almany-bd-allh-alshamsy

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Khamis offered information about the armed forces in exchange for financial rewards, since he was at the time retired from the military.99 According to Gulf Online, sources in the UAE indicated that Salem’s term was supposed to end in early 2020, but died in 2018 while in custody in Abu Dhabi under torture and ill-treatment. Furthermore, another member of the military was arrested in the same case, and no information about him is available.100

Tayseer Al-Najjar Tayseer Al-Najjar is a Jordanian journalist who was prevented from travelling to Jordan to visit his family on 3 December 2015 at Dubai Airport. He was detained by the police on 13 December 2015 for two months, and the location of his detention was unknown, before he was transferred to Al-Wathba prison in Abu Dhabi in March 2016.101 Al-Najjar was convicted under the Cybercrime Act in March 2017 by the Federal Supreme Court, and sentenced to three years in prison and a fine of 500,000 dirhams (USD $136,000) on charges of insulting the state’s symbols. The charges were based on a Facebook post in which he criticised the UAE for its stance on the aggression against Gaza in 2014.102 He completed his term on 13 December 2018, but was unable to pay the exorbitant fine, so he remained imprisoned for an additional term, in accordance with the UAE laws.103 Tayseer Al-Najjar's family104 organised a campaign to collect the fine amount and secure his release after he had spent more than three years in prison. He was released on 12 February 2019 and returned to Jordan. Al-Najjar described his years of imprisonment in the UAE by saying, “Injustice is one word of language and a reality of life which I endured in pain, with patience and acceptance of God’s will. The actions and words of injustice that have been inflicted on me will be judged by God. As one wise man says, injustice anywhere is a threat to justice everywhere. Believing in God is the only force that covers the stairs of pain with flowers and jasmine.”105 Al-Najjar never made a media appearance after that.

99 Emirati Sentenced to 7 Years in Prison on Charges of Spying for a Foreign Country, Emirates Today, 16 January 2013, https://www.emaratalyoum.com/local-section/accidents/2013-01-16-1.541566 100 UAE: Sources Confirm Death of a Detainee Under Torture, The New Khalij, 11 December 2018, https://thenewkhalij.news/index.php/article/132009/%D8%AD%D9%82%D9%88%D9%82-%D9%88- %D8%AD%D8%B1%D9%8A%D8%A7%D8%AA-%D8%A7%D9%84%D8%A5%D9%85%D8%A7%D8%B1%D8%A7%D8%AA- %D9%85%D8%B5%D8%A7%D8%AF%D8%B1-%D8%AA%D8%A4%D9%83%D8%AF-%D9%88%D9%81%D8%A7%D8%A9- %D9%85%D8%B9%D8%AA%D9%82%D9%84-%D8%AA%D8%AD%D8%AA- %D8%A7%D9%84%D8%AA%D8%B9%D8%B0%D9%8A%D8%A8 101 UAE: Release Imprisoned Jordanian Journalist, Human Rights Watch, 20 December 2018, https://www.hrw.org/news/2018/12/20/uae- release-imprisoned-jordanian-journalist 102 A Donation Campaign For A Jordanian Journalist Detained In The UAE to Secure The Amount of His Fine, Arabi 21, 23 December 2018, https://arabi21.com/story/1146722/%D8%AD%D9%85%D9%84%D8%A9-%D8%AA%D8%A8%D8%B1%D8%B9%D8%A7%D8%AA- %D9%84%D8%B5%D8%AD%D9%81%D9%8A-%D8%A3%D8%B1%D8%AF%D9%86%D9%8A- %D9%85%D8%AD%D8%AA%D8%AC%D8%B2-%D9%81%D9%8A- %D8%A7%D9%84%D8%A5%D9%85%D8%A7%D8%B1%D8%A7%D8%AA-%D8%AA%D8%AC%D9%85%D8%B9- %D8%A3%D9%85%D9%88%D8%A7%D9%84-%D8%BA%D8%B1%D8%A7%D9%85%D8%AA%D9%87 103 UAE: Release Imprisoned Jordanian Journalist, Human Rights Watch, 20 December 2018, https://www.hrw.org/news/2018/12/20/uae- release-imprisoned-jordanian-journalist 104 The Static and the Dynamic 2017: The Gulf Region and Economic Reform in the Time of the Oil Crisis (Kuwait, The Gulf Centre for Development Studies, 2017), 3.6. Political Developments in the UAE, https://gulfpolicies.org/images/Research_report_web2016_Final.pdf 105 How Did Journalist Tayseer Al-Najjar Describe His Years in Prison in the UAE?, Arabi 21, 28 February 2019, https://arabi21.com/story/1163522/%D9%83%D9%8A%D9%81-%D9%88%D8%B5%D9%81- %D8%A7%D9%84%D8%B5%D8%AD%D9%81%D9%8A-%D8%AA%D9%8A%D8%B3%D9%8A%D8%B1- %D8%A7%D9%84%D9%86%D8%AC%D8%A7%D8%B1-%D8%B3%D9%86%D9%88%D8%A7%D8%AA- %D8%B3%D8%AC%D9%86%D9%87-%D9%81%D9%8A-%D8%A7%D9%84%D8%A5%D9%85%D8%A7%D8%B1%D8%A7%D8%AA

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Matthew Hedges Matthew Hedges is a PhD student at Durham University.106 He was arrested on 5 May 2018107 while he was departing the UAE and convicted of espionage and sentenced to life imprisonment, before he was pardoned. Hedges was an associate researcher at the university's Institute for Middle Eastern and Islamic Studies (IMEIS), in addition to working as an analyst for the consulting firm Gulf State Analytics. His research covered the topics of defense and security, in addition to international, military and political affairs in the Middle East. Furthermore, his family worked in the UAE, and he came to the country to conduct research for his PhD thesis, which was dedicated to study “the Effects of the Arab Spring on the Gulf states”.108 Jaber Al-Lamki, Acting Executive Director of the Strategic and Media Communications Division at the UAE’s National Media Council stated that Hedges had cultivated a broad network of contacts during his previous work as a researcher for a think tank called The Institute for Near East and Gulf Military Analysis (INEGMA), which focuses on the region’s military and strategic affairs, and organises conferences and events in this field. He was accused of being a spy, based on his network of contacts and it was alleged that he received training on the information being targeted, and then returned to the UAE under the cover of academic research. He admitted to the aforementioned during the investigation.109 However, Hedges' confession during the investigation highlights the flaws in using confession as evidence considering detention conditions in the UAE. Between his abduction and trial, Hedges stated that the UAE authorities forced him to stand all day in ankle cuffs, and despite not speaking Arabic, he was made to sign a document which transpired to be a confession,110 and that the psychological pressure was so great he made false confessions. He said, “I panicked and told them I was a captain in MI6. I told them what they wanted to hear.” He also said the UAE asked him to steal official documents and act as a double agent in the UK Foreign Office.111 On 21 November 2018, the court convicted Hedges on charges of “spying for a foreign country, jeopardising the military, political and economic security of the UAE”, and was given a life sentence.112

106 Matthew Hedges: Who is the Man at the Centre of the Spy Row?, BBC News, 26 November 2018, https://www.bbc.com/news/uk-england- tyne-46318655 107 Matthew Hedges spying row: UAE 'studying clemency request', BBC News, 23 November 2018, https://www.bbc.com/news/av/uk-england- tyne-46317815 108 Matthew Hedges: Who is the Man at the Centre of the Spy Row?, BBC News, 26 November 2018, https://www.bbc.com/news/uk-england- tyne-46318655 109 Khalifa Issues Presidential Pardon with Immediate Effect on British Spy Matthew Hedges, Albayan, 27 November 2018, https://www.albayan.ae/across-the-uae/news-and-reports/2018-11-27-1.3420081 110 Briton Matthew Hedges Jailed for Life on UAE Spy Charge, BBC News, 21 November 2018, https://www.bbc.com/news/world-middle-east- 46288510 111 Matthew Hedges: Academic “Psychologically Tortured” in UAE Jail, BBC News, 5 December 2018, https://www.bbc.com/news/uk- england-tyne-46451590 112 Khalifa Issues Presidential Pardon with Immediate Effect on British Spy Matthew Hedges, Albayan, 27 November 2018, https://www.albayan.ae/across-the-uae/news-and-reports/2018-11-27-1.3420081

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Numerous international appeals followed, and Hedges’ family and his wife Daniela Tejada made many efforts to ensure his release. After the sentence was handed down, British Foreign Secretary Jeremy Hunt said that the “verdict runs contrary to earlier assurances,” and would hurt the relations between the two countries.113 The Foreign Secretary added that the UK had never seen any evidence to support the charges. Tejada complained that the UK Foreign and Commonwealth Office had been “stepping on eggshells instead of taking a firm stance,” and that she was under the impression they were putting their interests with the UAE above a British citizen's rightful freedom and his welfare.114 Then, on 26 November 2018, Hedges was among those granted a presidential pardon on the country's National Day.115

Other Detainees The above-mentioned cases represent only the tip of the iceberg in torture and inhuman treatment that are committed in UAE prisons. No effective and independent investigation has been carried out in these practices. Wejha Centre for Studies has made sure not to disclose the names of some Emirati detainees and detainees of other nationalities to protect their safety, but that does not mean that their cases have been forgotten. The Centre calls on the UAE government to conduct a transparent and independent investigation in order to hold perpetrators accountable for torture and cruel treatment crimes. The Centre also calls for the release of all prisoners of conscience and political detainees, and the dismissal of forced confessions extracted under duress and torture.

The Spread of COVID-19 Amid heightened vigilance and the implementation of strict safety and sterilisation measures around the world due to the COVID-19 pandemic, there are serious concerns regarding overcrowded detention facilities where prisoners of conscience and inmates of minor offences are held. These detainees ought to be released, especially those suffering from chronic diseases that may worsen should they be infected by the Coronavirus. The first COVID-19 case was reported in April 2020 in Al-Wathba prison. Following that, more than 100 cases were recorded. During the first months of the outbreak, prisoners were unable to obtain water and sanitation items which they used to purchase from the prison commissary. Moreover, prison authorities did not take the necessary precautionary measures, such as maintaining social distancing among inmates, and providing masks, gloves, disinfectants and other sanitation items. Despite the fact that some prisoners exhibited symptoms of the disease, they were unable to access health care, and remained in close contact with the rest of the inmates in overcrowded wards. Some prisoners were transferred to other wards within the prison, including Omani national Abdullah Al- Shamsi; Lebanese nationals Abdul-Rahman Shoman, Ahmed Sobh and Ahmed Ali Makkawi; Yemeni nationals Abdul-Malik al-Makhnaqi and Abdullah Mohammed Attia; and Jordanian nationals Yasser Sami Abu Bakr, Abdullah Sami Abu Bakr and Bahaa Adel Matar. They reported that infected people were held with healthy inmates, and that they were only given painkillers if they were sick.116

113 Britain Says Life Sentence for Academic in UAE Will Hurt Relations, Reuters, 21 November 2018, https://www.reuters.com/article/uk- emirates-arrest-britain/britain-says-life-sentence-for-academic-in-uae-will-hurt-relations-idUKKCN1NQ1EX 114 Matthew Hedges: Academic Jailed in UAE for Spying 'Failed' by UK Government, BBC News, 22 November 2018, https://www.bbc.com/news/uk-england-tyne-46300609 115 Khalifa Issues Presidential Pardon with Immediate Effect on British Spy Matthew Hedges, Albayan, 27 November 2018, https://www.albayan.ae/across-the-uae/news-and-reports/2018-11-27-1.3420081 116 UAE: COVID-19 Outbreak Puts Detainees in Al-Wathba Prison at Risk, MENA Rights Group, 16 June 2020, https://www.menarights.org/ar/articles/dwt-aly-thrk-ajl-hyal-mrakz-alahtjaz-walsjwn-lmntqt-alshrq-alawst-wshmal-afryqya-fy-zl

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Torture Forms and Methods

The UAE authorities subjected dissidents and detained activists to a broad range of torture methods and practices, some of which were repeatedly inflicted on different victims. These include:117

● Torture to death. ● Severe beating by hands or canes, especially on the face, head and the eyes. ● Electric shocks. ● Suspension by hands. ● Denailing. ● Pulling hair from the head, face and body. ● Hurling cold water on the prisoner’s body in front of a fan. ● Placing the detainee in a coffin for many hours. ● Solitary confinement in extremely small cells without windows. ● Threatening the use of an electric chair. ● Confiscation of eyeglasses, which led to deterioration in the sight of some detainees. ● Sleep deprivation and carrying out interrogations at late hours. ● Denial of outdoor access and sunshine for several months. ● Forcing detainees to stand on one leg during interrogation. ● Leaving detainees under the sun for long periods. ● Stripping detainees naked and taking away all their clothing items. ● Insulting detainees by using offensive and profane words. ● Preventing the detainees from practicing religious rites such as fasting, or congregational and Friday prayers.

IV. Investigations Post Torture

The Istanbul Protocol The Istanbul Protocol and the United Nations Convention Against Torture reaffirmed the signatory states’ commitment to investigating allegations of torture and other cruel, inhuman or degrading treatment or punishment. Article 74 stipulates that “States are required under international law to investigate reported incidents of torture promptly and impartially… The fundamental principles of any viable investigation into incidents of torture are competence, impartiality, independence, promptness and thoroughness.” According to article 79 of the Protocol, “States must ensure that complaints and reports of torture or ill- treatment are promptly and effectively investigated. Even in the absence of an express complaint, an investigation should be undertaken if there are other indications that torture or ill-treatment might have occurred.”118

117 A Shocking Report of Gruesome Torture in the UAE, Emasc, http://www.emasc-uae.com/news/print_news/6040 118 Istanbul Protocol, Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Office of The United Nations High Commissioner for Human Rights (OHCHR), 2004.

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Judicial Negligence and Impunity Establishing and investigating torture is an important but difficult step, since the survivor of torture is at the mercy of an authority that can erase the traces of its actions and block complaints since this authority is a barrier between the prisoner and the outside world. This is made even more complex considering the absence of strong and independent entities in the UAE. Both the Ministry of Justice, which represents the judiciary, and the Ministry of Interior, which administers penal facilities and police stations, are not independent institutions, and this opens the door for abuse of power and impunity. The United Nations Special Rapporteur on the Independence of Judges and Lawyers pointed out this challenge in her report following a visit to the UAE in 2014,119 as she noted that the judicial system remains under the de facto control of the executive branch of government, and that the composition of the Supreme Council for the Federal Judiciary includes three members representing the executive branch out of seven members. She also noted that judicial decisions are enforced by prosecutors rather than judges, and that the prosecution services are often influenced by members of the executive and state security services, while prosecution services should be autonomous and prosecutors should perform their functions in an independent, objective and impartial manner, in addition to compliance with the fundamental principle of the presumption of innocence. The adverse impact of the above manifests as the detention of prisoners in secret prisons who are subjected to forced disappearance, a pattern frequently observed with most prisoners of conscience in the UAE, thereby raising the risk of torture, ill-treatment, denial of access to medical care and legal protection during this period. These flaws extend to the judiciary in the absence of a specific law to address torture, leading to the judiciary receiving complaints of torture during court hearings, and verbally responding to the victims without considering their allegations or ordering an inquiry.

Handling Torture Complaints Although survivors of torture named in this report have submitted their grievances to the UAE authorities and the judiciary with regard to their bodily and moral integrity having been violated by state officials and institutions, and despite the fact that these complaints were also endorsed by UN rapporteurs who filed reports adopted by international human rights organisations, the authorities have not investigated these allegations, nor have they held the perpetrators accountable or brought justice for the survivors.120 Instead of dismissing forced confessions extracted under torture, the judiciary used them to convict the defendants, and did not order a prompt inquiry into torture allegations. Furthermore, the proceedings do not comply with the Istanbul Protocol principle, pertaining to the members of the committee investigating torture being independent of the persons or entities that had committed torture. The UAE has not created a human rights institution to support torture survivors. The UAE authorities have not launched any investigation into torture allegations, which follows the Istanbul Protocol criteria, and have not announced in state media or within the judicial circles information on serious steps being taken to prosecute state officials who committed torture against detainees in penal facilities. Moreover, there has been no response to complainants submitted by survivors of torture or victims’ families, and no compensations were offered either. This is attributed to the lack of communication and coordination between the UAE authorities and the international institutions monitoring the state of torture and its victims around the world.121

119 Preliminary observations on the official visit to the United Arab Emirates by the United Nations Special Rapporteur on the Independence of Judges and Lawyers, 5 February 2014, https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=14223&LangID=E 120 There is no freedom here: Silencing Dissent in the UAE, Amnesty International, Document No. 25/0186/2014, November 2014, p. 34. 121 A Shocking Report of Gruesome Torture in the UAE, Emasc, http://www.emasc-uae.com/news/print_news/6040

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Complaints about Torture and the UAE Authorities’ Reactions Victims of torture face numerous obstacles in their quest for redress, including the lack of credible procedures for filing complaints, the authorities’ failure to investigate torture allegations, in addition to the prosecution, threats and acts of reprisal against complainants. Despite that, there have been institutional and individual attempts to urge the UAE authorities to undertake a serious role in addressing the issue of torture. For example, the former Special Rapporteur on the Independence of Judges and Lawyers has been informed that “over the past few years, more than 200 torture and/or ill-treatment complaints have been filed before judges and/or prosecutors, but these complaints have not been received or registered, and therefore not taken into account during judicial proceedings.”122 The UAE authorities' reaction to complaints and media campaigns pertaining to the case of detainees such as Ahmed Mansoor,123 Alia Abdel-Noor124 and Matthew Hedges125 was to merely hold press conferences of spokespersons representing the institutions accused of committing acts of torture and inhuman treatment, without ever ordering investigations into these allegations.

122 United Arab Emirates: UAE must be held accountable for torture and ill-treatment of human rights defenders and activists, Gulf Centre for Human Rights, 26 June 2020, https://www.gc4hr.org/news/view/2418 123 Foreign Ministry Denies Some Organizations’ Claims Regarding the Case of Citizen Ahmed Mansoor, Albayan, 1 January 2020, https://www.albayan.ae/across-the-uae/news-and-reports/2020-01-01-1.3741580 124 The Federal Prosecutor's Office: Alia Abdel-Noor Died of Cancer while Receiving Treatment at Hospital, Albayan, 5 May 2019, https://www.albayan.ae/across-the-uae/news-and-reports/2019-05-05-1.3552865 125 UAE considers clemency appeal for Matthew Hedges, The Guardian, 23 November 2018, https://www.theguardian.com/uk- news/2018/nov/23/daniela-tejada-wife-matthew-hedges-ill-uae-prison

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V. Recommendations

In order to ensure that actions of torture and ill-treatment are monitored and eliminated, and to bring justice to torture victims in the UAE, Wejha Centre for Studies and the Gulf Centre for Human Rights (GCHR) recommend the following to the UAE authorities:

● Immediately and unconditionally releasing prisoners of conscience detained for their convictions and opinions which they have expressed in a peaceful manner, as they demanded social and political reforms, and exercised their rights to freedom of expression, freedom to form civil society associations and freedom of peaceful assembly. ● Creating a national human rights institution which abides by the standards of national institutions for the protection of human rights in accordance with the Paris Principles. ● Launching a prompt and serious investigation by an independent entity in compliance with the Istanbul Protocol concerning torture complaints and allegations, and in accordance with the Convention Against Torture. ● Annulling convictions made on the basis of forced confessions obtained under torture, and holding retrials in accordance with the standards of fair trial. ● Holding accountable all those confirmed to have been involved in physical and psychological torture, whether they directly committed such acts or instigated them, and prevent impunity. ● Promptly enabling victims of torture to exercise their right to grievance, restitution, compensation and rehabilitation. ● Putting an end to arresting activists, dissidents, and human rights defenders, and to eliminate enforced disappearance and detention in secret prisons. ● Redefining torture as a crime under the legislations in effect, and introducing provisions on torture in the UAE Penal Code, in a manner that is comprehensive and adequately includes key aspects of the definition of torture, in accordance with the Convention Against Torture. ● Enacting a special law against torture based on the Convention Against Torture and the Istanbul Protocol, in order to ensure monitoring of detention facilities and creating an effective mechanism for grievance and redress. ● Separating the judiciary and other powers to ensure fair trials for detainees, based on factual evidence rather than inflicting torture to obtain forced pre-written confessions leading to pre- determined sentences. ● Ensuring the defendant’s access to legal counsel, and enabling lawyers to privately meet with their clients in an independent manner in order to allow them to provide an appropriate defence, and report any allegations of torture and have any resulting forced confessions dismissed. ● Ratifying the Optional Protocol to the Convention Against Torture and the International Covenant on Civil and Political Rights as well as the UN Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment. ● Cooperation by the UAE authorities with international human rights organisations and UN special rapporteurs to investigate complaints of torture through their field visits and reports, and following up on the recommendations made by them.

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