24 July 2009

UAE: Naji Hamdan trial unexpectedly closed; Hamdan confirms to Alkarama that he was tortured

On 20 July 2009, the second and substantive hearing in the trial of Naji Hamdan, a US-Lebanese citizen whose case Alkarama has submitted to the UN Human Rights Special Procedures, was to be held at the Federal Supreme Court of Abu Dhabi.

Alkarama and other human rights organisations and his US attorneys concerned by this case were present to observe the trial, but were refused access in a last minute decision by the judge to close the hearing.

However, an Alkarama representative was able to meet with Naji Hamdan, his lawyers and members of his family after the hearing. During this meeting, Mr Hamdan confirmed to Alkarama that he had been tortured and mistreated during his detention in the UAE, and that he suspected the presence of an American during some of his interrogation – due to the man’s accent and clothing. According to Alkarama’s information, the only evidence in the file against Naji Hamdan is the confessions he made as a result of this torture – the use of these confessions as evidence against him would be a grave breach of international law. The next hearing in Mr. Hamdan’s case is due to be held on 24 August 2009.

Background

Naji Hamdan is a Lebanese-US national whose wife and 3 children are also US citizens. He lived in Hawthorne, California where he ran a successful car parts business. In 2006 he decided to expand his car parts business to the UAE, and moved his family there. After being questioned by the FBI several times in the US, and being detained and interrogated by the Lebanese intelligence services during a visit to Lebanon, Mr Hamdan was arrested from his home in the UAE by members of the Emirati Intelligence services on 29 August 2008.

After 3 months incommunicado detention, during which he was tortured, mistreated, and forced to sign confessions, Mr Hamdan was visited by the US consul on 19 October 2008. He was later transferred to Al-Wathba Prison in Abu Dhabi where he remains today. Mr. Hamdan believes he is being detained and tried in the UAE at the behest of the US government.

Alkarama  submitted Mr Hamdan's case to the Special Rapporteur on Torture, the Working Group on Arbitrary Detention and the Special Rapporteur on Human Rights whilst Countering Terrorism in January 2009. Alkarama also raised Mr Hamdan’s case with various UAE government officials during a visit to the country in April 2009. Alkarama will continue to follow this case closely and will ensure that the UN Human Rights mechanisms which are dealing with Mr Hamdan’s case are notified of the developments in his trial.

Oman - HR Instruments

International Covenant on Civil and Political Rights (ICCPR)

No

Convention against Torture (CAT)

No

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

No

Universal Periodic Review (UPR)

Last review: 11.2011 (1st cycle)
Next review: 2015 (2nd cycle)

National Human Rights Institution (NHRI)

National Human Rights Commission (NHRC) – Status B

Last review: 11.2013
Next review: -