“UAE94” detainee Khalifa al-Nuaimi facing new terrorism charges while being held arbitrarily
Name(s):
Khalifa Hilal Khalifa Hilal al-Nuaimi
Status:
Arbitrarily detained
Year of birth:
1987
Profession:
Presenter at al-Dhafra Channel
Nationality:
Emirati
Date of arrest:
Khalifa al-Nuaimi is an Emirati citizen, who was arrested on July 16, 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, before which al-Jabri is being retried 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.
Khalifa al-Nuaimi is a former presenter on al-Dhafra Channel. He was arrested on July 16, 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-Nuaimi 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-Nuaimi 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, 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 him unconditionally.
On September 7, 2022, MENA Rights Group and the Emirates Detainees Advocacy Center submitted 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 for Opinion, we recalled that the UAE authorities kept al-Nuaimi 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, his 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-Nuaimi, 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 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-Nuaimi and his co-defendants were read out, al-Nuaimi and others are being re-tried for new terrorism charges.
The second hearing took place on December 14, 2023, featuring three members of the SSA as witnesses for the Public Prosecution Office (PPO).
On December 19, 2023, MENA Rights Group and the Emirates Detainees Advocacy Center (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): |
Khalifa Hilal Khalifa Hilal al-Nuaimi
|
| Status: |
Arbitrarily detained
|
| Year of birth: |
1987
|
| Profession: |
Presenter at al-Dhafra Channel
|
| 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.
Khalifa al-Nuaimi is a former presenter on al-Dhafra Channel. He was arrested on July 16, 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-Nuaimi 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-Nuaimi 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, 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 him unconditionally.
On September 7, 2022, MENA Rights Group and the Emirates Detainees Advocacy Center submitted 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 for Opinion, we recalled that the UAE authorities kept al-Nuaimi 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, his 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-Nuaimi, 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 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-Nuaimi and his co-defendants were read out, al-Nuaimi and others are being re-tried for new terrorism charges.
The second hearing took place on December 14, 2023, featuring three members of the SSA as witnesses for the Public Prosecution Office (PPO).
On December 19, 2023, MENA Rights Group and the Emirates Detainees Advocacy Center (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.
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