“UAE94” detainee Hasan al-Jabri recharged with new terrorism crimes during the COP28

“UAE94” detainee Hasan al-Jabri recharged with new terrorism crimes during the COP28

On April 9, 2012, Hasan Muneif Abdullah Al Jabri was arrested as part of the UAE authorities’ crackdown on the “UAE94”. On July 2, 2013, the Federal Supreme Court sentenced Al Jabri to ten years’ imprisonment, for acts related to the exercise of his rights to freedom of expression and of association. In 2013, the UN Working Group on Arbitrary Detention issued Opinion No. 60/2013, urging the authorities to release him immediately. He completed his sentence in April 2022 but remains detained in Al Razeen prison. 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, the UAE carried out a comprehensive crackdown on the Reform and Social Guidance Association (al-Islah). Al-Jabri saw his citizenship revoked on December 4, 2011, as did many other activists that called for increased political participation and constitutional reform earlier in 2011.

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 April 9, 2012, al-Jabri was arrested as part of the “UAE94”. Subsequently, he was first detained at Shahama Prison Centre in Abu Dhabi. In July 2012, he was then transferred to a secret location for eight months, where he was held in solitary confinement and subjected to torture and ill-treatment, including death threats by emptying a weapon on his head. During these eight months, al-Jabri was deprived of his right to see his lawyer and to receive visits by his family.

On March 4, 2013, the trial of al-Jabri 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 to al-Sadr prison. In July 2012, al-Jabri was transferred to al-Razeen prison.

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

On November 22, 2013, The UN Working Group on Arbitrary Detention adopted Opinion No. 60/2013 and declared the detention of al-Jabri 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-Jabri 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, among others, mistreatment by prison guards, 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.

On March 9, 2021, MENA Rights Group submitted follow-up information on al-Jabri’s situation to the UN Working Group on Arbitrary Detention. Since the issuance of the Opinion, al-Jabri’s family has been prevented from visiting him for intermittent periods. Since August 15, 2020, he has also been deprived of any calls with his family.

On May 10, 2021, MENA Rights Group requested the intervention of the UN Working Group on Enforced or Involuntary Disappearances, calling on them to urge the Emirati authorities to take action to locate al-Jabri and place him under the protection of the law. In October 2021, and after more than 14 months of incommunicado detention, al-Jabri has been allowed to call his family, although prison visits remain suspended.

Al-Jabri completed his 10-year sentence in April 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 al-Jabri’s case to the UN Working Group on Arbitrary Detention (WGAD), asking them to issue an Opinion as to the arbitrary nature of his detention. In our request, we recalled that the UAE authorities kept Al Jabri 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 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-Jabri, 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-Jabri 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 (WGEID), calling on them to urge the Emirati authorities to take action to clarify al-Jabri’s fate and whereabouts.

On December 1, 2023, al-Jabri was able call his family from 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-Jabri and his co-defendants were read out. Al-Jabri 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.

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-Jabri’s trial before the Abu Dhabi Federal Court of Appeal starts, as part of a new mass trial.
December 1, 2023: Al-Jabri 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 Working Group on Enforced or Involuntary Disappearances.
June 12, 2023: Al-Jabri 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.
April 2022: Al-Jabri completes his sentence but remains detained.
October 2021: Al-Jabri is allowed to call his family, although prison visits remain suspended.
May 10, 2021: MENA Rights Group requests the intervention of the UN Working Group on Enforced or Involuntary Disappearances.
April 15, 2021: MENA Rights Group refers al-Jabri'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-Jabri’s situation to the UN Working Group on Arbitrary Detention.
August 15, 2020: Al-Jabri is deprived of any calls with his family, a situation amounting to incommunicado detention as prison visits were suspended in December 2019.
November 22, 2013: The UN Working Group on Arbitrary Detention adopts Opinion No. 60/2013 concerning 61 individuals and declares the detention of al-Jabri to be arbitrary. Al-Jabri continues to be held at Al Razeen prison.
July 2, 2013: Al-Jabri is sentenced to 10 years’ imprisonment, followed by three years’ probation.
March 4, 2013: Al-Jabri’s trial before the State Security Chamber within the Federal Supreme Court in Abu Dhabi begins.
July 2012: He is transferred to a secret detention facility, where he is subjected to torture and ill-treatment.
April 9, 2012: Al-Jabri is arrested and detained at Shahama Prison Centre in Abu Dhabi.
December 4, 2011: Al-Jabri’s citizenship is revoked.