CAIRO: Four major human rights groups have condemned the trial of five activists detained for publicly insulting the United Arab Emirates (UAE) president and other top officials nearly half a year ago. According to the human rights groups, the trial is fundamentally unfair, calling for all charges to be dropped and activists released. The human rights groups jointly condemning the trial are Amnesty International, the Arabic Network for Human Rights Information (ANHRI), Front Line Defenders (FLD) and Human Rights Watch (HRW). The previous trial sessions have been held in secret, barring family members as well as the media and human rights groups but the next session. On Sunday, the accused refused to show up in court for their hearing. “All we have been able to see behind the façade of the courthouse is a sham,” said Jennie Pasquarella, a civil liberties lawyer who is part of a delegation in the UAE on behalf of the rights groups to monitor the trial. “By not respecting the rights of the defendants to a fair trial, the Emirati authorities are forcing us to conclude that they have already decided the outcome,” she added. The five activists that were arrested are charged under article 176 of the UAE penal code, which makes it a crime punishable by up to five years in prison for “whoever publicly insults the State President, its flag or national emblem.” Article 8 of the code broadens the law to include the Vice-President, members of the Supreme Council of the Federation and other high ranking officials. The case is being processed under state security procedure, and as such the Federal Supreme Court is hearing the charges and granting no right of appeal. The last hearing which was held on September 26 saw four of the defendants walk out of court after a panel of judges refused to address any of their requests, including the possibility of release on bail. The court has also failed to give the defendants a chance to review the evidence placed against them, which includes state-collected evidence and the defense lawyers were also barred from cross examining a prosecution witness. The courts have held the five activists on vague grounds, according to the human rights groups. The defendants have not been charged with any violent offense and authorities have not stated they pose a flight risk. According to the chief prosecutor, the defendants are being held in custody without bail “for their own safety.” Closed hearings are allowed by UAE and international law in very limited circumstances, although the courts have kept the hearings closed without any explanation. Since their arrest the activists, their families and lawyers have reportedly received numerous death threats which authorities have as yet refused to investigate. Two independent legal observers are to attend and monitor Monday's hearing at the behest of the four human rights groups. “Every day that these men remain behind bars solely for exercising their right of free speech exacerbates the travesty of justice now taking place,” Pasquarella said. “In fact, this case has nothing to do with justice or security but everything to do with snuffing out political dissent and calls for greater democracy.” Ahmed Mansoor is one of the defendants who also faces charges of inciting others to break the law, calling for election boycotts and demonstrations. According to the human rights groups, there is no evidence that the five men incited any violence in the course of their political activities. The messages posted by the defendants on the now-banned political forum UAW Hewar criticize governmental policies and political leaders. Four of the defendants have managed to smuggle a letter out of prison in late August which voiced their frustrations at what they have called a flawed procedure. “[The four activists] are certain that we have not and will not obtain a fair trial, which every defendant deserves,” the letter read. After the release of the letter one of the activists, Nasser bin Gaith, complained saying prison authorities had encouraged inmates to harass him. After a scuffle with an inmate the authorities had placed him in solitary confinement. The UAE's constitution guarantees freedom of speech, a direct contradiction to the imprisonment of the activists. According to the Arab Charter on Human Rights, the right to freedom of pinion and expression as well as the ability to impart news to others by any means is a fundamental part of freedom of speech. The charter also requires hearings to be held publicly, with the exception where “the interests of justice so require in a democratic society which respects freedom and human rights.” The UAE has ratified the charter, legally binding them to adhere to its laws. BM
