New terrorism charges issued against “UAE94” detainee Fouad al-Hmadi amidst COP28
Name(s):
Fouad Mohammed Abdullah Hasan al-Hmadi
Status:
Arbitrarily detained
Profession:
Educational supervisor at the Ministry of Education
Nationality:
Emirati
Date of arrest:
Fouad al-Hmadi is an Emirati citizen, who was arrested on July 31, 2012, as part of the “UAE94”. He was sentenced to 10 years’ imprisonment. He completed his sentence in July 2022 but remains detained. On March 30, 2023, the UN Working Group on Arbitrary Detention issued an Opinion considering that his detention under the Munasaha regime was arbitrary and in violation of international law. On December 7, 2023, a new mass trial began before the Abu Dhabi Federal Court of Appeal, where al-Hmadi is being retried for for new terrorism charges.
In March 2011, after a group of 133 Emirati academics, judges, lawyers, students, and human rights defenders signed a petition addressed to the President of the United Arab Emirates and the country’s Federal Supreme Council calling for democratic reforms, the UAE’s State Security Apparatus (SSA) initiated a campaign of arrests against the individuals who signed the document.
Fouad al-Hmadi was arrested on July 31, 2012, as part of the “UAE94”, for signing the petition calling for democratic reform in the UAE.
Arrested individuals were later sentenced in the UAE’s largest mass trial, known as the “UAE94”, before the Federal Supreme Court.
On January 27, 2013, the 94 defendants were charged with founding, organising and administering an organisation aimed at overthrowing the government, on the basis of article 180 of the country’s Penal Code.
On July 2, 2013, the Emirati authorities convicted 61 of the 94 defendants, in addition to eight individuals in absentia. Al-Hmadi was sentenced to 10 years’ imprisonment.
In 2014, the UN Working Group on Arbitrary Detention issued Opinion 60/2013, in which it found that the detention of the 61 individuals convicted in the UAE94 trial was arbitrary.
Al-Hmadi completed his sentence in July 2022, but under the pretext of “rehabilitation needs”, pursuant to the UAE’s Counter-Terrorism Law and the Munasaha Centre Law, the authorities have extended his detention indefinitely.
In view of his continued detention, on August 18, 2022, together with the Emirates Detainees Advocacy Center (EDAC), MENA Rights Group requested the intervention of the Special Rapporteur on the situation of human rights defenders and the Special Rapporteur on counter-terrorism and human rights to urge Emirati authorities to release al-Hmadi unconditionally.
On September 7, 2022, MENA Rights Group and EDAC submitted al-Hmadi’s case to the UN Working Group on Arbitrary Detention (WGAD), asking them to issue a second Opinion as to the arbitrary nature of his detention. In our request, we recalled that the UAE authorities kept al-Hmadi detained after the completion of his sentence on the basis of laws, namely the Counter-Terrorism Law and the Munasaha Centre Law that contain imprecise and ambiguous provisions that defy the principle of legal certainty. We also pointed out that his detention in a Munasaha Centre was not the result of a court decision that respected fair trial standards. Finally, we argued that, beyond his original sentence, al-Hmadi’s placement under the Munasaha regime is directly linked to the exercise of his rights and freedoms.
On March 30, 2023, the WGAD adopted an Opinion concerning 12 prisoners in the UAE94 case, including al-Hmadi, who are detained under the Munasaha regime. It recognised that their detention is arbitrary, since the 12 individuals were held “owing to their status as human rights defenders and on the basis of their political or other opinion in seeking to hold the authorities to account.”
In addition, the WGAD’s Opinion considered that their detention is not justified by a valid legal basis because the Counter Terrorism Law “creates significant risks of overbroad application and is thereby incompatible with article 11 (2) of the Universal Declaration of Human Rights.”
The WGAD has therefore recommended the government of the UAE to “release all the 12 individuals immediately and accord them an enforceable right to compensation and other reparations.”
On June 12, 2023, Al-Hmadi made a final call to his family from within al-Razeen Prison.
On September 12, 2023, MENA Rights Group requested the urgent intervention of the UN Working Group on Enforced or Involuntary Disappearances, calling on them to urge the Emirati authorities to take action to clarify Al-Hmadi’s fate and whereabouts.
On December 1, 2023, al-Hmadi called his family from the inside of an unknown facility belonging to the State Security Apparatus (SSA).
On December 7, 2023, a new mass trial began before the Abu Dhabi Federal Court of Appeal, involving 87 defendants. In the inaugural hearing, the charges against al-Hmadi and his co-defendants were read out. Al-Hmadi and others are charged with new terrorism crimes, namely, for establishing another clandestine organisation for the purpose of committing acts of violence and terrorism on UAE soil.
The second hearing took place on December 14, 2023, where three members of the SSA testified as witnesses for the Public Prosecution Office (PPO).
On December 19, 2023, MENA Rights Group and EDAC requested the urgent intervention of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism.
The third hearing took place on December 21, 2023, and the entire trial was conducted secretly, with a notable absence of local media coverage.
On January 11, 2024, the fourth hearing took place with no media coverage. There have been reports of torture during this trial according to EDAC.
| Name(s): |
Fouad Mohammed Abdullah Hasan al-Hmadi
|
| Status: |
Arbitrarily detained
|
| Profession: |
Educational supervisor at the Ministry of Education
|
| Nationality: |
Emirati
|
| Date of arrest: |
|
In March 2011, after a group of 133 Emirati academics, judges, lawyers, students, and human rights defenders signed a petition addressed to the President of the United Arab Emirates and the country’s Federal Supreme Council calling for democratic reforms, the UAE’s State Security Apparatus (SSA) initiated a campaign of arrests against the individuals who signed the document.
Fouad al-Hmadi was arrested on July 31, 2012, as part of the “UAE94”, for signing the petition calling for democratic reform in the UAE.
Arrested individuals were later sentenced in the UAE’s largest mass trial, known as the “UAE94”, before the Federal Supreme Court.
On January 27, 2013, the 94 defendants were charged with founding, organising and administering an organisation aimed at overthrowing the government, on the basis of article 180 of the country’s Penal Code.
On July 2, 2013, the Emirati authorities convicted 61 of the 94 defendants, in addition to eight individuals in absentia. Al-Hmadi was sentenced to 10 years’ imprisonment.
In 2014, the UN Working Group on Arbitrary Detention issued Opinion 60/2013, in which it found that the detention of the 61 individuals convicted in the UAE94 trial was arbitrary.
Al-Hmadi completed his sentence in July 2022, but under the pretext of “rehabilitation needs”, pursuant to the UAE’s Counter-Terrorism Law and the Munasaha Centre Law, the authorities have extended his detention indefinitely.
In view of his continued detention, on August 18, 2022, together with the Emirates Detainees Advocacy Center (EDAC), MENA Rights Group requested the intervention of the Special Rapporteur on the situation of human rights defenders and the Special Rapporteur on counter-terrorism and human rights to urge Emirati authorities to release al-Hmadi unconditionally.
On September 7, 2022, MENA Rights Group and EDAC submitted al-Hmadi’s case to the UN Working Group on Arbitrary Detention (WGAD), asking them to issue a second Opinion as to the arbitrary nature of his detention. In our request, we recalled that the UAE authorities kept al-Hmadi detained after the completion of his sentence on the basis of laws, namely the Counter-Terrorism Law and the Munasaha Centre Law that contain imprecise and ambiguous provisions that defy the principle of legal certainty. We also pointed out that his detention in a Munasaha Centre was not the result of a court decision that respected fair trial standards. Finally, we argued that, beyond his original sentence, al-Hmadi’s placement under the Munasaha regime is directly linked to the exercise of his rights and freedoms.
On March 30, 2023, the WGAD adopted an Opinion concerning 12 prisoners in the UAE94 case, including al-Hmadi, who are detained under the Munasaha regime. It recognised that their detention is arbitrary, since the 12 individuals were held “owing to their status as human rights defenders and on the basis of their political or other opinion in seeking to hold the authorities to account.”
In addition, the WGAD’s Opinion considered that their detention is not justified by a valid legal basis because the Counter Terrorism Law “creates significant risks of overbroad application and is thereby incompatible with article 11 (2) of the Universal Declaration of Human Rights.”
The WGAD has therefore recommended the government of the UAE to “release all the 12 individuals immediately and accord them an enforceable right to compensation and other reparations.”
On June 12, 2023, Al-Hmadi made a final call to his family from within al-Razeen Prison.
On September 12, 2023, MENA Rights Group requested the urgent intervention of the UN Working Group on Enforced or Involuntary Disappearances, calling on them to urge the Emirati authorities to take action to clarify Al-Hmadi’s fate and whereabouts.
On December 1, 2023, al-Hmadi called his family from the inside of an unknown facility belonging to the State Security Apparatus (SSA).
On December 7, 2023, a new mass trial began before the Abu Dhabi Federal Court of Appeal, involving 87 defendants. In the inaugural hearing, the charges against al-Hmadi and his co-defendants were read out. Al-Hmadi and others are charged with new terrorism crimes, namely, for establishing another clandestine organisation for the purpose of committing acts of violence and terrorism on UAE soil.
The second hearing took place on December 14, 2023, where three members of the SSA testified as witnesses for the Public Prosecution Office (PPO).
On December 19, 2023, MENA Rights Group and EDAC requested the urgent intervention of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism.
The third hearing took place on December 21, 2023, and the entire trial was conducted secretly, with a notable absence of local media coverage.
On January 11, 2024, the fourth hearing took place with no media coverage. There have been reports of torture during this trial according to EDAC.