Executive summary
The New York Center for Foreign Policy Affairs (NYCFPA) has expressed concern over the increasing number of enforced disappearances in the United Arab Emirates (UAE) and called on the UAE government to respect human rights and adhere to international standards. Enforced disappearances are defined as the arrest, detention, abduction, or any other form of deprivation of liberty by agents of the state or by persons or groups of persons acting with the authorization, support, or acquiescence of the state, followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person.
The UAE authorities have been accused of carrying out enforced disappearances against activists, journalists, and critics of the government. Many of these individuals have been detained for expressing dissenting opinions or for their activism on human rights issues. The UAE authorities often justify these arrests and detentions as being necessary to maintain national security and to combat terrorism. However, in many cases, these individuals have been detained without any formal charges or trial, and their families and lawyers have been denied access to them.
The UAE’s legal framework has several flaws that have contributed to the problem of enforced disappearances. The UAE government must take steps to strengthen its legal framework, ensure transparency and accountability in the legal process, and cooperate fully with international human rights mechanisms to address the issue of enforced disappearances in the country. Detainees in the UAE have reported being subjected to torture, ill-treatment, and other forms of abuse while in detention. One of the main issues is the lack of access to legal representation. Detainees are often denied the right to a lawyer, and when they are provided with legal representation, it is often inadequate or ineffective.
Reports have documented cases of detainees being held in solitary confinement for prolonged periods and subjected to beatings, electric shocks, and other forms of torture. There have also been concerns about the use of secret detention centers, where detainees are held incommunicado and subjected to torture and other forms of ill-treatment. The UAE government has taken steps to address some of these issues, including passing legislation to improve prison conditions and establish a national human rights institution. However, there is still a long way to go to ensure that the rights of detainees in the UAE are fully protected.
Introduction:
The New York Center for Foreign Policy Affairs (NYCFPA) has been monitoring the situation in the United Arab Emirates (UAE) regarding the alarming pattern of enforced disappearances. Enforced disappearances are an egregious violation of human rights and contravene international law. The NYCFPA expresses deep concern over the increasing number of enforced disappearances in the UAE and urges the UAE government to respect human rights and adhere to international standards.
Background:
The UAE has been under scrutiny for its human rights record, with the issue of enforced disappearances being one of the most concerning aspects. Enforced disappearance is defined as the arrest, detention, abduction, or any other form of deprivation of liberty by agents of the state or by persons or groups of persons acting with the authorization, support or acquiescence of the state, followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person.
Enforced Disappearances in the UAE:
The UAE authorities have been accused of carrying out enforced disappearances against activists, journalists, and critics of the government. Many of these individuals have been detained for expressing dissenting opinions or for their activism on human rights issues. The UAE authorities often justify these arrests and detentions as being necessary to maintain national security and to combat terrorism. However, in many cases, these individuals have been detained without any formal charges or trial, and their families and lawyers have been denied access to them.
One high-profile case is that of Ahmed Mansoor, a prominent human rights activist who was arrested in March 2017 and sentenced to ten years in prison in May 2018. Mansoor was accused of using social media to “publish false information and rumors, promote a sectarian and hate-inciting agenda, and incite against the UAE State and its institutions,” charges that he denies. Mansoor’s trial was conducted in secret, and he was denied access to his family and legal counsel for several months.
Another case is that of Osama al-Najjar, a human rights activist who was arrested in March 2014 and has been missing ever since. Al-Najjar had previously been detained for three years without charge or trial from 2004 to 2007. His family has been unable to obtain any information about his whereabouts or condition, and the UAE authorities have refused to acknowledge his detention.
The UAE authorities have also been accused of torturing detainees and subjecting them to inhumane conditions of detention. Human rights organizations have documented cases of detainees being held in solitary confinement, subjected to beatings and electric shocks, and denied access to medical care.
Flawed legal framework in UAE
The legal framework in the UAE has been criticized for failing to adequately protect individuals from enforced disappearances. While the UAE has ratified the International Convention for the Protection of All Persons from Enforced Disappearance, which prohibits the practice, there are concerns about the country’s implementation of the convention.
The UAE legal system is based on Sharia law and the UAE Constitution, which guarantees the right to a fair trial and prohibits arbitrary detention. However, in practice, there have been reports of individuals being detained without charge or trial, denied access to legal representation, and subjected to torture or other forms of ill-treatment.
Furthermore, the UAE has several laws that allow for prolonged detention without charge or trial, including the 2014 Counter-Terrorism Law, which provides for up to 15 years of imprisonment for vague offenses such as “disrupting the social order” or “insulting the UAE.”
The UAE’s legal framework also lacks transparency, with trials often conducted in secret, and detainees and their families denied access to information about their whereabouts and condition. This lack of transparency makes it difficult to hold those responsible accountable for their actions.
The UAE government has also been criticized for its lack of cooperation with international human rights bodies, including the UN Working Group on Enforced or Involuntary Disappearances, which has reported difficulties in obtaining information from the UAE authorities about cases of enforced disappearances.
In conclusion, the legal framework in the UAE has several flaws that have contributed to the problem of enforced disappearances. The UAE government must take steps to strengthen its legal framework, ensure transparency and accountability in the legal process, and cooperate fully with international human rights mechanisms to address the issue of enforced disappearances in the country.
Failure to safeguard the rights of persons deprived of their liberty
The UAE has been criticized for its failure to safeguard the rights of persons deprived of their liberty, including those who have been subject to enforced disappearances. Detainees in the UAE have reported being subjected to torture, ill-treatment, and other forms of abuse while in detention.
One of the main issues is the lack of access to legal representation. Detainees are often denied the right to a lawyer, and when they are provided with legal representation, it is often inadequate or ineffective. In some cases, detainees have been held incommunicado for extended periods, without access to their families or legal counsel.
Additionally, detainees in the UAE are often held in overcrowded and unsanitary conditions, with limited access to medical care. Reports have documented cases of detainees being held in solitary confinement for prolonged periods and subjected to beatings, electric shocks, and other forms of torture.
There have also been concerns about the use of secret detention centers, where detainees are held incommunicado and subjected to torture and other forms of ill-treatment. In some cases, detainees have been transferred to other countries for interrogation and detention, in violation of their rights under international law.
The UAE government has taken steps to address some of these issues, including passing legislation to improve prison conditions and establish a national human rights institution. However, there is still a long way to go to ensure that the rights of detainees in the UAE are fully protected.
The role of the State Security Apparatus in UAE
The State Security Apparatus (SSA) in the UAE is responsible for maintaining national security, detecting and preventing threats to the state, and investigating crimes related to national security. The SSA operates under the authority of the UAE President and is composed of several agencies, including the State Security Department, the National Security Agency, and the Intelligence Department.
The SSA has been accused of being involved in enforced disappearances, particularly against activists, journalists, and critics of the government. The SSA has broad powers of detention and investigation, and detainees are often held incommunicado, without access to legal counsel or family members.
The SSA has also been accused of using torture and other forms of ill-treatment against detainees, including beatings, electric shocks, and forced standing or kneeling for prolonged periods. Detainees have reported being subjected to psychological abuse, including threats to harm family members or to fabricate charges against them.
In addition to its role in enforcing national security, the SSA has been accused of targeting individuals for their political views, religious beliefs, or affiliations with certain groups. Detainees have been arrested and held without charge or trial for extended periods, and some have been sentenced to lengthy prison terms based on vague charges such as “insulting the state” or “promoting terrorism.”
The SSA operates with little transparency or accountability, and its activities are often shielded from public scrutiny. The UAE government has been criticized for failing to investigate allegations of enforced disappearances and torture, and for denying access to independent human rights organizations and the media.
Involvement in the context of the Yemeni armed conflict
The UAE has been involved in the Yemeni armed conflict since 2015 as part of the Saudi-led coalition fighting Houthi rebels who took control of large parts of Yemen in 2014. The UAE’s involvement has primarily been in support of the Yemeni government, providing military and logistical support to government forces and local militias.
However, the UAE has also been accused of human rights violations in its involvement in the conflict. Human rights organizations have accused the UAE of involvement in torture, enforced disappearances, and arbitrary detention of individuals suspected of having ties to the Houthis or other armed groups. The UAE has also been accused of running secret prisons in southern Yemen, where detainees have reportedly been subjected to torture and other forms of ill-treatment.
The involvement of the UAE in the conflict has further complicated the already dire humanitarian situation in Yemen, with the country experiencing one of the world’s worst humanitarian crises. The conflict has resulted in the deaths of thousands of civilians, and millions are at risk of starvation due to the destruction of infrastructure and restrictions on the import of essential goods.
In 2019, the UAE announced its partial withdrawal from the conflict, with reports suggesting that this was due to concerns over the humanitarian situation and a desire to shift focus to domestic priorities. However, the UAE continues to provide support to government forces and local militias, and concerns over its human rights record in the context of the conflict remain.
Violation of the principle of non-refoulement
The principle of non-refoulement is a fundamental principle of international refugee law, which prohibits the return of refugees or asylum seekers to a country where they may face persecution or other serious harm. The UAE has been accused of violating this principle by forcibly returning individuals to countries where they face a risk of persecution or torture.
One example of this is the case of Ahmed Ali Muthana, a Yemeni national who was forcibly deported from the UAE to Yemen in May 2019. Muthana had lived in the UAE for over 20 years and had applied for asylum in the country, citing concerns over the conflict and political persecution in Yemen. However, his asylum claim was rejected, and he was deported despite the risk of persecution and harm he faced in Yemen.
Another example is the case of two Sudanese nationals who were forcibly returned to Sudan in 2018, where they were at risk of persecution due to their involvement in opposition activities. The two men had been living in the UAE for several years and had applied for asylum, but their claims were rejected, and they were deported to Sudan.
These cases highlight the UAE’s failure to uphold the principle of non-refoulement and to protect the rights of refugees and asylum seekers. The forced return of individuals to countries where they face a risk of persecution or torture is a serious violation of international human rights law and contravenes the UAE’s obligations under international law.
No effective remedies and fear from reprisals
One of the major obstacles to addressing human rights violations in the UAE is the lack of effective remedies for victims and their families. The UAE’s legal system has been criticized for its lack of transparency, independence, and impartiality, and there are limited avenues for redress for victims of human rights violations.
Victims of enforced disappearances and other human rights violations often face significant obstacles in seeking justice. The UAE’s judiciary is not fully independent, and there have been allegations of political interference in trials and judgments. Moreover, victims’ families and lawyers may face harassment, intimidation, and even detention when they seek to pursue legal action against the authorities.
Additionally, the UAE authorities have a track record of retaliating against human rights defenders, activists, and journalists who speak out against human rights violations. This has a chilling effect on civil society and can make victims and their families hesitant to speak out and pursue justice.
The fear of reprisals can also prevent victims and their families from seeking assistance from international organizations and human rights groups. International organizations that have attempted to investigate and document human rights violations in the UAE have been denied entry into the country or faced other forms of obstruction and intimidation.
Conclusion
The situation of enforced disappearances in the United Arab Emirates (UAE) is deeply concerning and violates international law and human rights standards. The UAE government has been accused of carrying out enforced disappearances against activists, journalists, and critics of the government, often without formal charges or trial and denying access to legal representation, families, and lawyers. The UAE’s legal framework has been criticized for failing to protect individuals from enforced disappearances, lacking transparency and accountability, and allowing prolonged detention without charge or trial. Furthermore, detainees have reported being subjected to torture, ill-treatment, and other forms of abuse while in detention, highlighting the UAE’s failure to safeguard the rights of persons deprived of their liberty. The UAE government must take steps to strengthen its legal framework, ensure transparency and accountability in the legal process, and cooperate fully with international human rights mechanisms to address the issue of enforced disappearances in the country and protect the rights of detainees.
