“UAE94” detainee Abdulsalam al-Marzooqi recharged with establishing a terrorist organisation during the “UAE 87” trial

“UAE94” detainee Abdulsalam al-Marzooqi recharged with establishing a terrorist organisation during the “UAE 87” trial

On July 24, 2012, Abdulsalam Mohamed Darwish al-Marzooqi was arrested as part of the UAE authorities’ crackdown on the “UAE94”. On July 2, 2013, the Federal Supreme Court sentenced Al Marzooqi to ten years’ imprisonment, for acts related to the exercise of his rights to freedom of expression and of association. In November 2013, his citizenship was withdrawn. In 2017, his wife was informed that their children's citizenship had also been revoked. 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-Marzooqi is being retried for new terrorism charges.

In March 2011, the UAE carried out a comprehensive crackdown on the Reform and Social Guidance Association (al-Islah). In 2013, the UAE then engaged in a controversial mass trial of 94 individuals commonly referred to as the “UAE94”; 94 intellectuals, activists, and human rights defenders who had openly criticised the Emirati government. All of them were accused of having ties with al-Islah.

On July 24, 2012, al-Marzooqi was arrested as part of the “UAE94”. Subsequently, he was held in solitary confinement in a secret location for eight months. He was deprived of his right to see his lawyer and his family and was subjected to torture and ill-treatment, including threats to cut off his medicine.

On November 26, 2012, al-Marzooqi was allowed to see his family members for the first time at the State Prosecution’s office. His family reported that he appeared to be in poor health.

On March 4, 2013, the trial of al-Marzooqi before the State Security Chamber within the Federal Supreme Court in Abu Dhabi began. He was informed of the vague charges brought against him, namely “establishing and running a secret organisation seeking to oppose the basic principles of the UAE system of governance and to seize power and having links and affiliations to organisations with foreign agendas”. On March 9, 2013, he was transferred from the secret detention facility to al-Razeen prison.

On July 2, 2013, al-Marzooqi was sentenced to 10 years’ imprisonment, followed by three years’ probation. He was denied the right to appeal to a higher jurisdiction.

In September 2013, al-Marzooqi suffered from a facial nerve paralysis. Requests by his family to allow al-Marzooqi to access medical treatment were rejected.

On November 22, 2013, The UN Working Group on Arbitrary Detention adopted Opinion No. 60/2013 and declared the detention of al-Marzooqi to be arbitrary. It considered, inter alia, the arrest to have resulted from the exercise of the rights to freedom of opinion and expression and to freedom of peaceful assembly and association. Despite the request of the Working Group to release al-Marzooqi and to provide him with compensation, he is currently still detained at al-Razeen prison.

On May 21, 2014, a letter jointly written by family members of “UAE94” detainees was delivered to the Minister of Interior. It detailed the violations suffered by the detainees in al-Razeen prison, such as mistreatment by prison guards, among others, regular placement in solitary confinement and malnutrition. The Ministry has not responded to the letter, nor have other complaints addressed to police officials, prison administration members or UAE leaders been answered.

In June 2016, al-Marzooqi received the last visit from his entire family.

In July 2016, al-Marzooqi’s wife, Awatif Mohamed Yusif Ali al-Rayeis, as well as their children, with the exception of one daughter, left the UAE for the medical treatment of their sons in the US.

Al-Marzooqi’s citizenship was revoked as an additional reprisal measure for his activism and his support of a 2011 petition demanding political reform in the UAE. In January 2017, Al-Marzooqi’s wife received a phone call from the Nationality and Passport Department in which she was informed that the citizenships of her children had been revoked. As a consequence, their daughter in the UAE was denied the right to receive a COVID-19 vaccine as she could not present a valid ID.

Al-Marzooqi’s wife assumes that her citizenship has been revoked as well as she has been residing outside the UAE without excuse for a continuous period exceeding two years.

Since May 2017, al-Marzooqi has also not been allowed to contact his wife, his sons and two of their daughters via phone calls. His only daughter who remained in the UAE was unable to visit him from August 2017 until March 2020 and their phone calls are frequently interrupted and monitored. Since March 2020, all visits to al-Razeen prison have been banned. 

On March 9, 2021, MENA Rights Group submitted follow-up information on al-Marzooqi’s situation to the UN Working Group on Arbitrary Detention. Since the issuance of Opinion No. 60/2013, which has yet to be implemented by the authorities, al-Marzooqi’s health condition has further deteriorated, as a result of deliberate medical negligence and denial of appropriate medical care. He has further reported restrictions to contact with his family and to religious practice.

On June 1, 2021, together with ALQST for Human Rights and the International Centre for Justice and Human Rights, MENA Rights Group requested the intervention of the Special Rapporteur on minority issues due to the revocation of al-Marzooqi’s and his family members’ citizenships, which rendered them stateless. The submission puts forward that the arbitrary deprivation of their citizenship has had a significant impact on their enjoyment of various civil and political rights as well as economic, social and cultural rights, such as their right to social security, health and work.

Al-Marzooqi completed his 10-year sentence in July 2012, yet he remains detained under the Munasaha counselling regime. 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 him unconditionally.

On September 7, 2022, MENA Rights Group and EDAC 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-Marzooqi 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-Marzooqi, 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-Marzooqi 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 Marzooqi’s fate and whereabouts.

On December 1, 2023, al-Marzooqi 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-Marzooqi and his co-defendants were read out,. Al-Marzooqi 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, featuring three members of the SSA 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.

Timeline

January 11, 2024: the fourth hearing takes place with no media coverage, with reports of torture according to EDAC.
December 19, 2023: MENA Rights Group and EDAC request the urgent intervention of the UN Special Rapporteur on counter-terrorism and human rights.
December 7, 2023: Al-Marzooqi’s trial before the Abu Dhabi Federal Court of Appeal starts, as part of a new mass trial.
December 1, 2023: Al-Marzooqi is able to call his family from an unidentified facility of the State Security Apparatus (SSA).
September 12, 2023: MENA Rights Group requests the urgent intervention of the UN Working Group on Enforced or Involuntary Disappearances.
June 12, 2023: Al-Marzooqi makes his last phone call to his family from within al-Razeen Prison.
March 30, 2023: The WGAD adopts an Opinion recognising that his detention under the Munasaha regime is arbitrary and violates several provisions of the Universal Declaration of Human Rights.
September 7, 2022: MENA Rights Group and the Emirates Detainees Advocacy Center seize the Working Group on Arbitrary Detention (WGAD).
August 18, 2022: Together with the Emirates Detainees Advocacy Center, MENA Rights Group requests 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.
July 2022: Al-Marzooqi completes his sentence but remains detained.
June 1, 2021: Together with ALQST for Human Rights and the International Centre for Justice and Human Rights, MENA Rights Group requests the intervention of the Special Rapporteur on minority issues in relation to the revocation of al-Marzooqi’s nationality as well as the citizenships of his children and his wife.
April 15, 2021:  MENA Rights Group refers al-Marzooqi’s case to the Secretary-General on intimidation and reprisals for cooperation with the UN in the field of human rights.
March 9, 2021: MENA Rights Group submits follow-up information on al-Marzooqi’s situation to the UN Working Group on Arbitrary Detention.
January 2017: Al-Marzooqi’s wife receives a phone call in which she is informed that the citizenship of their children has been revoked as well. His wife assumes that her own citizenship has also been withdrawn.
June 2016: Al-Marzooqi receives the last visit from his entire family. Since May 2017, al-Marzooqi has also not been allowed to contact his wife, his sons and two of his daughters by phone anymore.
November 22, 2013: The UN Working Group on Arbitrary Detention adopts Opinion No. 60/2013 concerning 61 individuals and declares the detention of al-Marzooqi to be arbitrary. Al Marzooqi continues to be held at al-Razeen prison.
July 2, 2013: Al-Marzooqi is sentenced to 10 years’ imprisonment, followed by three years’ probation.
March 4, 2013: Al-Marzooqi’s trial before the State Security Chamber within the Federal Supreme Court in Abu Dhabi begins.
July 24, 2012: Al-Marzooqi is arrested in the street.