“UAE94” detainee Khalid al-Nuaimi recharged with 'establishing a terrorist organisation' in "UAE87" trial

“UAE94” detainee Khalid al-Nuaimi recharged with 'establishing a terrorist organisation' in "UAE87" trial

On July 16, 2012, Khalid Mohammad al-Shaiba al-Nuaimi was arrested as part of the UAE’s comprehensive crackdown on the “UAE94”. On July 2, 2013, the Federal Supreme Court sentenced al-Nuaimi 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. However, he remains arbitrarily detained in al-Razeen prison. On December 7, 2023, a new mass trial began before the Abu Dhabi Federal Court of Appeal, before which al-Nuaimi is being retried for the same charges for which he was sentenced in the “UAE94” trial.

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 16, 2012, al-Nuaimi was arrested as part of the “UAE94”. Subsequently, he was detained in solitary confinement in a secret location for eight months, where he was subjected to torture and ill-treatment. During these eight months, al-Shaiba al-Nuaimi was deprived of his right to see his lawyer and to receive visits by his family.

On March 4, 2013, the trial of al-Shaiba al-Nuaimi 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 Razeen prison.

On July 2, 2013, al-Shaiba al-Nuaimi 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 considered the detention of al-Shaiba al-Nuaimi to be arbitrary. It described, inter alia, that the arrest had 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-Shaiba al-Nuaimi 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.

On March 9, 2021, MENA Rights Group submitted follow-up information on al-Shaiba al-Nuaimi’s situation to the UN Working Group on Arbitrary Detention. Since the issuance of the Opinion, his family is frequently prevented from visiting him for several months and he has been placed in solitary confinement.

Since the beginning of the COVID-19 pandemic, in March 2020, al-Shaiba al-Nuaimi’s family has been prevented from visiting him in prison, despite the protective glass barriers put up between the detainees and visitors. He is deprived of calls with his family for weeks at a time.

On June 12, 2023, al-Nuaimi 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-Shaiba al-Nuaimi’s fate and whereabouts.

He should have been released on October 16, 2023, but remained in detention.

On December 1, 2023, al-Shiba al-Nuaimi was able to call 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-Shiba al-Nuaimi and his co-defendants were read out, with their reported attendance. Al-Shiba al-Nuaimi and others are being 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, wherethree members of the SSA testified 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.

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-Shaiba al-Nuaimi’s trial before the Abu Dhabi Federal Court of Appeal starts, as part of a new mass trial.
December 1, 2023: Al-Shaiba al-Nuaimi is able to call his family from an unidentified facility of the State Security Apparatus (SSA).
October 16, 2023: Al-Shaiba al-Nuaimi completes his 11-year prison sentence. However, he is not released.
September 12, 2023: MENA Rights Group requests the urgent intervention of the UN Working Group on Enforced or Involuntary Disappearances.
June 12, 2023: Al-Nuaimi makes his last phone call to his family from within al-Razeen Prison.
April 15, 2021: MENA Rights Group refers 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-Nuaimi’s situation to the UN Working Group on Arbitrary Detention.
November 22, 2013: The UN Working Group on Arbitrary Detention adopts Opinion No. 60/2013 concerning 61 individuals and declares the detention of al-Nuaimi to be arbitrary. He continues to be held at al-Razeen prison.
July 2, 2013: Al-Nuaimi is sentenced to 10 years’ imprisonment, followed by three years’ probation.
March 4, 2013: Al-Nuaimi’s trial before the State Security Chamber within the Federal Supreme Court in Abu Dhabi begins.
July 16, 2012: Al-Nuaimi is arrested.