OPINION No. 14/2005 (UNITED ARAB EMIRATES)

Communication addressed to the Government of the United Arab Emirates on 5 November 2004.

Concerning Mr. Djamel Muhammad Abdullah Al-Hamadi, Mr. Yunus Muhammad Chérif Khouri, Mr. Khaled Gharib, Mr. Abdul Rahman Abdullah Ben Nasser
Al Nuaimi, Mr. Ibrahim Al Kouhadji, Mr. Djemaa Salam Marrane Al Dahiri, Mr. Abdullah Al Moutawaa, Mr. Muhammad Djemaa Khedim Al Nuaimi, Mr. Ibrahim Al Qabili, Mr. Saleh Salem Marrane Al Dahiri, Mr. Khalifa Ben Temmim Al Mehiri, Mr. Seïf Salem Al Waidi, Mr. Muhammad Al Sarkal, Mr. Mohamad Khellil Al Husni, Mr. Jassem Abid Al Naqibi, Mr. Mohammad Ahmad Saleh Abd Al Krim Al Mansouri, Mr. Khaled Muhammad Ali Hathem Al Balouchi, Mr. Thani Amir Aboud Al Balouchi, Mr. Meriem Ahmed Hassan Al Har and Mr. Hassan Ahmad Al Zahabi.

The State is not a party to the International Covenant on Civil and Political Rights.

1. (Same text as paragraph 1 of opinion No. 20/2004.)

2 The Working Group regrets that the Government did not provide it with the requested information, despite repeated invitations to do so. The Working Group believes that it is in a position to render an opinion on the facts and circumstances of the case.

3. (Same text as paragraph 3 of opinion No. 20/2004.)

4. The information provided concerned the following persons:
(a) Mr. Djamel Muhammad Abdullah Al-Hamadi, 36 years old, a teacher, resident of Khawr Fakkan, arrested on 11 September 2001 by the Khawr Fakkan Police, presently in detention at the State Security and Intelligence Detention Centre of Abu Dhabi, without charges;
(b) Mr. Yunus Muhammad Chérif Khouri, born in 1966, an aeroplane pilot, resident of Al’Ayn, detained incommunicado and without charges by the State Security for three years;
(c) Mr. Khaled Gharib, 35 years old, a civil servant, resident of Dubai, detained incommunicado and without charges by the State Security for three years;
(d) Mr. Abdul Rahman Abdullah Ben Nasser Al Nuaimi, born in 1970, resident of Khawr Fakkan, a civil servant in the Armed Forces, detained incommunicado and without charges by the State Security for three years;
(e) Mr. Ibrahim Al Kouhadji, 35 years old, resident of Abu Dhabi, a civil servant in the Armed Forces, detained incommunicado and without charges by the State Security for three years;
(f) Mr. Djemaa Salam Marrane Al Dahiri, born in 1964, resident of Al’Ayn, former commander of the Armed Forces, detained incommunicado and without charges by the State Security for three years;
(g) Mr. Abdullah Al Moutawaa, 26 years old, resident of Al Badia (Al Fujayrah),
detained incommunicado and without charges by the State Security for three years;
(h) Mr. Muhammad Djemaa Khedim Al Nuaimi, born in 1963, resident of Al’Ayn, former commander of the Armed Forces, detained incommunicado and without charges by the State Security for three years;
(i) Mr. Ibrahim Al Qabili, 45 years old, resident of Al Rams, Ra’s al Khaymah, lieutenant-colonel in the Armed Forces, detained incommunicado and without charges by the State Security for three years;
(j) Mr. Saleh Salem Marrane Al Dahiri, born in 1962, resident of Al’Ayn, lieutenant-colonel in the Armed Forces, detained incommunicado and without charges by the State Security for three years;
(k) Mr. Khalifa Ben Temmim Al Mehiri, born in 1972, resident of Dubai, detained incommunicado and without charges by the State Security for three years;
(l) Mr. Seïf Salem Al Waidi, born in 1980, resident of Al Shariqah, member of the Armed Forces, detained incommunicado and without charges by the State Security for three years;
(m) Mr. Muhammad Al Sarkal, born in 1964, resident of Dubai, detained incommunicado and without charges by the State Security for three years;
(n) Mr. Mohamad Khellil Al Husni, born in 1972, resident of Khawr Fakkan, member of the Armed Forces, detained incommunicado and without charges by the State Security for three years;
(o) Mr. Jassem Abid Al Naqibi, 26 years old, resident of Khawr Fakkan, a civil servant in the Aviation Department, detained incommunicado and without charges by the State Security for three years;
(p) Mr. Mohammad Ahmad Saleh Abd Al Krim Al Mansouri, born in 1980, member of the Armed Forces, resident of Khawr Fakkan, detained incommunicado and without charges by the State Security for three years;
(q) Mr. Khaled Muhammad Ali Hathem Al Balouchi, born in 1978, member of the Armed Forces, resident of Al’Ayn, detained incommunicado and without charges by the State Security for three years;
(r) Mr. Thani Amir Aboud Al Balouchi, born in 1964, commander in the Armed Forces, resident of Al’Ayn, detained incommunicado and without charges by the State Security for three years;
(s) Mr. Meriem Ahmed Hassan Al Har, a civil servant in the Telecommunications Department, resident of Ra’s Al Khaymah, arrested in early July 2004 and detained incommunicado and without charges by the State Security since his arrest;
(t) Mr. Hassan Ahmad Al Zahabi, born in 1969, a civil servant in the Telecommunications Department, resident of Abu Dhabi, arrested on 1 August 2004, and
detained without charges since his arrest.

5. The source states that these persons are all being held in incommunicado detention by the State Security Services of the United Arab Emirates and that no arrest warrant was shown nor reasons given for their arrest. The source further mentions that no charges have been filed against these 20 persons and that requests by families and relatives to ascertain the legal grounds for their arrest and detention have been unsuccessful.

6. According to the source, these persons have been detained for the peaceful expression of their concerns regarding the political situation in the country, in public by some and in private by others (including all the members of the Armed Forces).

7. The Government, which had the possibility of answering these allegations, did not contest them.

8. In the light of the foregoing, the Working Group renders the following opinion: Mr. Djamel Muhammad Abdullah Al-Hamadi, Mr. Yunus Muhammad
Chérif Khouri, Mr. Khaled Gharib, Mr. Abdul Rahman Abdullah Ben Nasser Al Nuaimi, Mr. Ibrahim Al Kouhadji, Mr. Djemaa Salam Marrane Al Dahiri,
Mr. Abdullah Al Moutawaa, Mr. Muhammad Djemaa Khedim Al Nuaimi, Mr. Ibrahim Al Qabili, Mr. Saleh Salem Marrane Al Dahiri, Mr. Khalifa Ben
Temmim Al Mehiri, Mr. Seïf Salem Al Waidi, Mr. Muhammad Al Sarkal, Mr. Mohamad Khellil Al Husni, Mr. Jassem Abid Al Naqibi, Mr. Mohammad Ahmad
Saleh Abd Al Krim Al Mansouri, Mr. Khaled Muhammad Ali Hathem Al Balouchi, Mr. Thani Amir Aboud Al Balouchi, Mr. Meriem Ahmed Hassan Al Har and
Mr. Hassan Ahmad Al Zahabi have been imprisoned without any legal procedure. Consequently, their deprivation of liberty is arbitrary, being in contravention of article 9 of the Universal Declaration of Human Rights, and falls within category I of the categories applicable to the consideration of the cases submitted to the Working Group.

9. Consequent upon the opinion rendered, the Working Group requests the Government to take the necessary steps to remedy the situation and bring it into conformity with the standards and principles set forth in the Universal Declaration of Human Rights.

Adopted on 26 May 2005