Alkarama had submitted Mr Diqqi's case to the WGAD as well as to the Special Representative of the Secretary General for human rights defenders and the Special Rapporteur on the freedom of speech on 29 July 2008 to inform them of the arrest of Mr Hassan al Diqqi, an Emirati human rights defender, on 20 July 2008 in Sharjah.
Mr Hassan Ahmed Hassan Al-Diqqi, 52 years old, is an expert accountant and a well known human rights defender. He was one of the founders, in the 1980s, of the "Association for social reform". He created his own human rights organisation, never officially recognised, Emirates People Rights Organisation (Emirates PRO), whose website regularly condemned the lack of civil and political freedoms in the country as well as highlighting violations and abuses by the Emirati authorities (www.emiratespro.com). He cooperated with Alkarama by regularly informing us of cases of arbitrary arrest and detention.
Following his arrest, the authorities proposed that he refrain from any political activity and close his website, failing this he would be the subject of legal proceedings with regards to a case of rape for which he was condemned to death in absentia. He refused this accommodation.
An article which appeared in the pro-government "Al Itihhad" newspaper on 26 July 2008, presented him as "the initiator of a website aiming to politicise his criminal case." He was condemned on 4 March 2009 to 10 years in prison, but his sentence was then dropped to 6 months in prison during an appeal. He was freed on 11 May 2009, without ever having given in to the pressures from the authorities.
The Working Group on Arbitrary Detention, in accordance with its working methods, decided to render an opinion on the arbitrary nature of Mr Al Diqqi's detention, despite his release.
The UN body noted that his human rights work was the reason for his arrest, and reminded that the Declaration on Human Rights Defenders adopted by the UN General Assembly on 8 December 1998 recognises the right of individuals, groups and associations to promote human rights and fundamental freedoms and to impart and disseminate knowledge about them at the national and international level.
The WGAD also noted that the United Arab Emirates, along with 25 other states, signed a declaration stating that the Declaration on Human Rights Defenders should be interpreted in the light of their domestic legislation, but the Working Group noted that domestic legislation should be in conformity with the international principles and standards and in particular the Universal Declaration of Human Rights.
For this reason, the Working Group considered that, despite the governments assertions that Mr Al Diqqi's detention was in conformity with domestic legislation, his detention remained arbitrary according to international standards.
In Opinion N 8/2009, rendered during its last session, the WGAD thus declared that Mr Al Diqqi's deprivation of liberty seriously violated articles 9, 11, 18, 19, 20 et 21 of the Universal Declaration of Human Rights and the Declaration on Human Rights Defenders and principles 1, 2, 10, 11, 12, 13, 15, 16, 17 the Body of Principles for the Protection of All persons under Any Form of Detention or Imprisonment, adopted by the General Assembly by its resolution 43/173 of 9 December 1988.