United Arab Emirates: Experts Dismayed By Life Sentences Handed Down To Human Rights Defenders

The 43 defendants were part of the so-called “UAE 84” group who were subject to mass trials. They were recently convicted to life imprisonment for establishing a terrorist organisation under the 2014 Counter-terrorism Law for acts dating back to the Arab Spring (2010-2011). Most of them had already spent a decade in prison for national security-related offences under the Criminal Code for acts allegedly committed during the same period.

Among those 43, are included the human rights defenders Mohamed Abdullah Al-Roken, who completed his original prison sentence in 2022 but remained in detention; as well as Hadif Rashed Abdullah al-Owais, and Salim Hamdoon al-Shahhi who were due to be released in 2023 and 2022 respectively. The human rights defender Mohammed Ali Saleh al-Mansori is also part of the 43 defendants. He completed his sentence on 16 July 2023 but remains detained.

In addition to the 43 life sentences handed out, 10 other individuals have been sentenced to 10 to 15 years in prison on charges of “co-operating with al-Islah” and money laundering under the counterterrorism legal framework in force in the country.

The UAE authorities maintain that the latest charges were “materially distinct” from those brought in 2013, which did not include accusations of “financing a terrorist organisation”. Nevertheless, the alleged acts took place before the enactment of the 2014 Counter-Terrorist Law, and, therefore, this decision seems to violate international prohibitions on double jeopardy and the non-retroactivity of criminal law.

The experts recalled that human rights experts previously warned that the 2014 Counter-Terrorism Law lacked legal certainty, jeopardised fundamental rights and did not appear to meet the required thresholds of legality, necessity, proportionality and non-discrimination under international law.

Additionally, many of the defendants had been subjected to enforced disappearance, solitary confinement and incommunicado detention, some for over a year and often in abusive detention conditions.

The experts are in contact with the authorities on this matter and have already shared their concerns publicly earlier this year.