11 June 2013

UAE: Drop charges against human rights activist Waleed Al-Shehhi

WaleedAlShehhi
After Abdulhamid Al-Hadidi, Waleed Al-Shehhi is the second human rights activist to be arrested and charged for disseminating information on the hearings of the 'UAE94' trial through social networks. Alkarama requests the Emirati authorities to drop charges made against him under the new Cybercrime law No. 5/2012 and release him immediately.
On 11 May, Waleed Al-Shehhi was arrested by Emirati National Security agents in Ajman. He was not informed of the charges against him at the time, but it was believed that the arrest stemmed from his online activities for publicly defending the 94 defendants known as the 'UAE 94' currently on trial before Abu Dhabi Federal Supreme Court. Since the beginning of the 'UAE 94' trial, he has played a key role in disseminating information on the hearings.

On the day of his arrest, Waleed Al-Shehhi was immediately taken to an unknown location, believed to be the state security detention centre in Abu Dhabi, where torture and ill-treatment are a common practice.

After 10 days, Waleed Al-Shehhi was transferred to Al-Wathba central prison in Abu Dhabi. He is being now accused of instigation and incitement of the public against the state security on Twitter and charged under articles 28 and 29 of the new Cybercrime law No. 5/2012. This legislation was the subject of numerous recommendations for amendment or abolishment during the second Universal Periodic Review (UPR) of the United Arab Emirates in January this year.

Articles 28 and 29 imply that their respective alleged crimes have a state security nature, which means that Mr Al Shehhi, if convicted, could face up to 15 years of imprisonment and his verdict could not be appealed, contrary to international law.

The vague and unclear wording of these articles leaves them open to numerous interpretations and therefore allow a great scope for convictions and charges. In fact, the potential crimes based on these two articles are indefinite and uncountable. This, in turn, may lead to many infringements of international obligations and standards.

Documenting the 'public' hearings does not in any form, "endanger the national security and the higher interests of the State or afflicts its public order" or "make sarcasm [sic] or damage the reputation, prestige or stature of the State or any of its institutions or its president, vice -president, any of the rulers of the Emirates, their crown prince, or the deputy rulers of the Emirates, the State flag, the national peace, its logo, national anthem or any of its symbols" as stated in articles 28 and 29 of the national Cybercrime law No. 5/2012.

In fact, Mr Al Shehhi's arrest is yet another example of a generalised crackdown targeting people exercising the rights guaranteed to them by the Emirati constitution and legislation, including freedom of expression. It also constitutes a violation of the United Arab Emirates' obligations under international law. The right to freedom of expression is guaranteed by Article 19 of the UDHR, which states that "everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers."

Yesterday, Alkarama sent an urgent appeal to UN Special Rapporteur on Freedom of Expression to ask him to intervene with the UAE authorities so that Mr Al Shehhi is immediately and unconditionally released and that all charges against him are dropped.

Egypt - HR Instruments

International Covenant on Civil and Political Rights (ICCPR)

ICCPR: Ratified on 14.01.1982
Optional Protocol: No

State report: Overdue since 01.11.2004 (4th)
Last concluding observations: 28.11.2002

Convention against Torture (CAT)

CAT: Accessed on 25.06.1986
Optional Protocol: No
Art. 20 (Confidential inquiry): Yes
Art. 22 (Individual communications): No

State report: Due on 25.06.2016 (initially due in 2004)
Last concluding observations: 23.12.2002

International Convention for the Protection of all Persons from Enforced Disappearance (CED)

No

Universal Periodic Review (UPR)

Last review: 02.2010 (1st cycle)
Next review: 2014 (2nd cycle)

National Human Rights Institution (NHRI)

National Council for Human Rights (NCHR) – Status A

Last review: 10.2006
Next review: Deferred