The Verdict of the UAE84 Unlawful Trial: Another Wrongful Sentencing

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On 10 July 2024, the Abu Dhabi Federal Court of Appeal sentenced 69 defendants to prison, of which 43 to life imprisonment for allegedly “creating, establishing, and managing a terrorist organization“. This trial, dubbed UAE84, is unfortunately not a standalone event. Many of those on trial had been arbitrarily detained in 2012 and were part of the UAE94 sham trial that took place in 2013. As a result, not only have the defendants been wrongfully accused of undertaking terrorist activities while trying to improve human rights in their country, but many have also already served their undeserved time.

While the country was hosting COP28, the Emirati authorities launched the UAE84 mass trial on 7 December 2023. The irony that this trial began during the UAE’s self-proclaimed “most democratic” Climate Change Conference, cannot be ignored. The Court tried the defendants under pretenses of having violated the 2014 Terrorism Law for trying to create democratic reforms that would have inevitably led to a government restructuring. Therefore, the very government that was supposedly championing democracy condemned those truly advocating for it.

Neither this recent trial nor the one in 2013 followed due process. In both cases, the defendants were held in prolonged solitary confinement, given limited legal representation, tortured, and abused. Despite the UAE not being a signatory of the International Covenant on Civil and Political Rights, the country must still accord the defendants their basic human rights. Article 13 of the Arab Charter on Human Rights, which the UAE is a signatory of, clearly states that “everyone has the right to a fair trial”. As a result, not only has the trial not met international standards, but the UAE has also breached its legally binding commitment.

There has been considerable secrecy surrounding this trial, including the exact charges and who has been charged. Of the 84 defendants, the identity of only 72 of them is known. It has been estimated that 53% of them signed the March 2011 pro-democracy petition which led to them being arbitrarily detained in 2012. Moreover, 83% of them have been detained past the end of their sentences. This highlights the gross misconduct of the government throughout this whole process, from the moment of detainment to the trial and verdict.

This verdict speaks to the wider issue of the UAE suppressing freedom of expression. The trial was the government’s attempt to stop dissidents from speaking out against the government. Although freedom of expression is protected under Article 33 of the Emirati constitution, this right is severely restricted by laws such as the Law on Combating Terrorism, the Cybercrime Laws and the Penal Code.

The UAE authorities must immediately review the charges against those imprisoned and release all the prisoners of consciousness. Moreover, the government must ratify, and enforce, the International Covenant on Civil and Political Rights to accord its citizens their human rights. The state cannot continue to violate the rights of human rights defenders and dissidents. The international community must continue to put pressure on the government to release unlawfully detained prisoners and demand a regime change.