Legal Team for Canadian Citizen Alaradi Categorically Seeks Trial Dismissed Once Torture Forensic Assessment Returns

Free Salim Alaradi Campaign

 

Urgent Update – February 26th 2016

 

Legal Team for Canadian Citizen Alaradi Categorically Seeks Trial Dismissed Once Torture Forensic Assessment Returns

Canadian Citizen Detained in United Arab Emirates for 548 Days

 

The United Nations, international legal experts and human rights organizations have mutually condemned the trial of Canadian citizen Salim Alaradi and two Americans and called for it to be dismissed immediately and Alaradi reunited with his family. Such calls have been based on gross human rights violations tainting the trial and absolutely no possibility of Alaradi receiving a fair trial.

 

Alaradi’s legal team was pleased that the judge accepted the request for the forensic medical assessment because it will serve as the most basic litmus test for a fair trial. The lawyers have no doubt that if the assessment is independently conducted it will confirm shocking torture methods subjected to Alaradi during his detention, specifically in the period of August to November 2014.

 

“We have received credible information according to which the detainees were tortured and forced to sign confessions” said the UN Special Rapporteur on torture, Juan E. Méndez. “The suspects have been also allegedly held incommunicado in secret detention locations and in solitary confinement for prolonged periods of time. This is very troubling as it reinforces the risks of being tortured or ill-treated.”

 

“We have also received reports according to which the sole basis for their conviction is the confessions they were forced to make under torture,” added the United Nations human rights experts. “International law, including the Convention against Torture ratified by the UAE, clearly prohibits the use of any evidence obtained under torture during a trial”.

 

“There is no doubt, in my view, that the assaults of which Mr Alaradi complains amount to torture. Regular beatings, inflicting a level of pain and bruising intended to induce a confession, are torture, and courts have held that bastinado reaches this severity level. Of course, beatings whilst suspended upside down or whilst held in a stress position would obviously qualify,” says Geoffrey Robertson.

 

A number of the survivors released by the UAE State Security who were detained at the same time of Alaradi, including his brother Mohamed Elaradi, had torture medical assessments completed. Mohamed Elaradi was seen by Professor Katona, Medical Director at the Helen Bamber Foundation and holds a degree of Doctor of Medicine from the University of Cambridge. “In my clinical opinion, Mr Elaradi’s Post-Traumatic Stress Disorder was caused by his arrest, detention and ill-treatment whilst in detention in 2014,” concludes Professor Katona.

 

“There is credible evidence that Salim Alaradi was severely tortured that has been confirmed by Canadian authorities, the United Nations, human rights groups and international human rights lawyers that is further reinforced by Mr. Elaradi’s medical assessment. There should be only one outcome when the forensic physician takes the stand,” says Paul Champ, Alaradi’s Canadian lawyer.

 

“So far as this case is concerned, the duty of the court is to investigate these credible allegations, made by all four defendants, and to reject any confessions that have been induced by the ill-treatment – a remedy specifically required by Article 15 of the Convention against Torture,” concluded Robertson in his in-depth legal review of the case.

 

The legal team is evaluating the medical torture assessment on a very simple argument. In addition to evidence, prior to August 2014 Alaradi and the American defendants were in good health, their hearing and sight had no issues; but today some have permanently lost hearing and losing their sight in addition to several other serious medical conditions. The forensic physician will need to explain what caused this. If the assessment confirms ill-treatment and if due process is followed, the prosecution’s case should be dismissed.

 

“From my point of view we have reached a point in the trial that is black and white. We are very hopeful that my father will be coming home after February 29, but I am also trying to remain realistic and ready for the worst,” says Marwa Alaradi.

Commissioned by The Libyan Association for Victims of Torture and Enforced Disappearance in the UAE
May be re-used for free, without the need to ask for permission (http://lavtedu.com)

 

Recent Media Coverage

The Guardian - UAE beat foreign prisoners and gave them electric shocks, evidence shows

The Washington Post – Americans tortured by American ally

The Guardian - Two Americans detained in UAE to go on trial after 505 days without charges

BBC - UN experts urge UAE to release Libyan detainees

Guardian - Businessmen held in UAE were tortured into confessions, says UN report

ABC News - UN Calls on UAE to Release 5 Libyans Allegedly Tortured

New York Times - UN Calls on UAE to Release 5 Libyans Allegedly Tortured

FOX News - UAE accused of torturing 5 detainees, including 2 Americans

Daily Mail - UN calls on UAE to release 5 Libyans allegedly tortured

Globe and Mail - Canadian businessman Salim Alaradi on trial in Abu Dhabi in terror case

La Presse - L’ONU demande aux Émirats arabes unis de libérer un détenu canadien

Reuters - UN experts condemn trial of foreign nationals in the UAE, call for release

CBC - United Nations calls for Canadian Salim Alaradi’s release from U.A.E.

Huffington Post - Salim Alaradi Case: UN Calls On United Arab Emirates To Release Detained Canadian

CTV - UN calls on U.A.E. to release detained Canadian

Toronto Sun - UN calls for release of Canadian detained in UAE for year and a half

ICI Radio Canada - Le procès de Salim Alaradi aux Émirats arabes unis ajourné au 29 février

Middle East Eye - The UAE must free my brother, Salim Alaradi

Media Contacts

For further details about Salim Alaradi’s situation and the progress of the case in UAE:

Paul Champ, Human rights lawyer representing Salim Alaradi
T: (613) 237-2441
E: [email protected]

Greg Craig, Lawyer for US Nationals Kamal and Mohamed El Darat and former White House Counsel
T: +1.202.371.7400
E: [email protected]
Marwa Alaradi, Salim Alaradi’s eldest daughter
E: [email protected]

 

For comments about the UN News Release:

Ms. Amanda Flores, UN Human Rights Officer
T: + 41 22 917 9186
E: [email protected])

Ms. Sonia Cronin, UN Human Rights Officer
T: +41 22 917 9160
E: [email protected]

For comments about the case and the UN Opinion:

Geoffrey Robertson QC
T: + 44 (0) 7940 951731
E: [email protected]

Sue Willman, Deighton Pierce Glynn
T: +44 (0) 20 7407 0007
E: [email protected]

Andy Slaughter MP, Shadow Justice Minister
T: +44 (0)20 7610 1950
E: [email protected]

For further background about this case and related human rights concerns in UAE:

John Tackaberry, Media Officer, Amnesty International Canada
T: (613) 744-7667, extension 236
E: [email protected]

Monia Mazigh, National Coordinator-International Civil Liberties Monitoring Group
T: (613) 241-5298
E: [email protected]

Nicholas McGeehan, UAE researcher at Human Rights Watch
E: [email protected]

Drewery Dyke, UAE Researcher at Amnesty International
T: +44 (0) 75 3558 7297
E: [email protected]

 

-30-

 

For more details about the case please visit:

 

Campaign Website http://www.freesalimalaradi.com/
Facebook Page https://www.facebook.com/freesalimalaradi
Twitter Account https://twitter.com/freesalimaradi
Youtube Channel https://www.youtube.com/c/freesalimalaradi

UAE Judge Adjourns Trial to February 29 for Torture Forensic Assessment

Free Salim Alaradi Campaign

Urgent Update – February 15th 2016

UAE Judge Adjourns Trial to February 29 for Torture Forensic Assessment
Canadian Citizen Detained in United Arab Emirates for 537 Days

Today was the first day of the internationally condemned trial of Canadian citizen Salim Alaradi and two American citizens, Kamal and Mohamed El Darat. The Honourable Canadian Ambassador Arif Lalani attended in addition to United States officials.

At the onset of the trial that did not last more than 10 minutes, Alaradi’s lawyers requested a torture forensic medical assessment by an independent physician. The prosecution objected but the judge overruled and agreed to the request.

“The fact that the State Security judge ordered a medical examination over the objections of the prosecutor is obviously a good sign. This could be a sign that the international attention and scrutiny is finally having an impact,” explains Paul Champ, Alaradi’s Canadian lawyer.

The legal team also requested that the judge subpoena the interrogators for questioning.  The judge also accepted this request.

Alaradi was extremely emotional after seeing the Canadian Ambassador and his nephew in the court room. It was the first time he has seen a family member in over 11 months. Alaradi was escorted into a glass cage with the other defendants. Alaradi requested to speak and asked the judge that he be given more than 15 minutes a week for phone call privilege so that he can speak to both his family and his lawyer. Unlike most detainees who are allowed an hour or more for calling family, Alaradi has been limited to 15 minutes.

Today, the United Nations issued a statement ‘condemning’ the trial on the basis of arbitrary detention, violation of rights to health, credible evidence of torture, extremely limited access to their lawyers, and a prosecution merely based on the confessions they were forced to make under torture. “The joint statement issued by the UN Special Rapporteur on Torture and other relevant Special Rapporteurs is an exceptional action by the UN human rights system. This could be a legal turning point,” says Champ.

“In addition to Salim Alaradi there are Kamal Eldarat and his son, Mohamed, American citizens of Libyan origin, who made the mistake of doing business in Dubai.  They are innocent of any wrongdoing.   We are confident that a fair-minded court will almost certainly acquit them.  Both the law and the facts are on their side,” says Greg Craig, US attorney representing the American nationals and a former White House Counsel under President Barack Obama.

The overwhelming definite conclusion of the UN Expert and opinions offered by legal experts including Geoffrey Robertson QC, a former UN judge, has drawn the attention of international media.

“This family day I spend time with my dad, not at home, not in prison, not online, but advocating for his freedom. The UN has clearly demonstrated that each of my father’s basic human rights has been violated and he has no chance for a fair trial. I have been saying this all along and I call on the Canadian government to intervene for his freedom. The day my father is free will be my family day,” says Marwa Alaradi, Alaradi’s eldest Canadian daughter.

Trial ii-min
Commissioned by The Libyan Association for Victims of Torture and Enforced Disappearance in the UAE
May be re-used for free, without the need to ask for permission (http://lavtedu.com)

 

Recent Media Coverage

 BBC - UN experts urge UAE to release Libyan detainees

Guardian - Businessmen held in UAE were tortured into confessions, says UN report

ABC News - UN Calls on UAE to Release 5 Libyans Allegedly Tortured

New York Times - UN Calls on UAE to Release 5 Libyans Allegedly Tortured

FOX News - UAE accused of torturing 5 detainees, including 2 Americans

Daily Mail - UN calls on UAE to release 5 Libyans allegedly tortured

Globe and Mail - Canadian businessman Salim Alaradi on trial in Abu Dhabi in terror case

La Presse - L’ONU demande aux Émirats arabes unis de libérer un détenu canadien

Reuters - UN experts condemn trial of foreign nationals in the UAE, call for release

CBC - United Nations calls for Canadian Salim Alaradi’s release from U.A.E.

Huffington Post - Salim Alaradi Case: UN Calls On United Arab Emirates To Release Detained Canadian

CTV - UN calls on U.A.E. to release detained Canadian

Toronto Sun - UN calls for release of Canadian detained in UAE for year and a half

ICI Radio Canada - Le procès de Salim Alaradi aux Émirats arabes unis ajourné au 29 février

Middle East Eye - The UAE must free my brother, Salim Alaradi

 

Media Contacts

For further details about Salim Alaradi’s situation and the progress of the case in UAE:

Paul Champ, Human rights lawyer representing Salim Alaradi
T: (613) 237-2441
E: [email protected]

Greg Craig, Lawyer for US Nationals Kamal and Mohamed El Darat and former White House Counsel
T: +1.202.371.7400
E: [email protected]
Marwa Alaradi, Salim Alaradi’s eldest daughter
E: [email protected]

For comments about the UN News Release:

Ms. Amanda Flores, UN Human Rights Officer
T: + 41 22 917 9186
E: [email protected])

Ms. Sonia Cronin, UN Human Rights Officer
T: +41 22 917 9160
E: [email protected]

For comments about the case and the UN Opinion:

Geoffrey Robertson QC
T: + 44 (0) 7940 951731
E: [email protected]

Sue Willman, Deighton Pierce Glynn
T: +44 (0) 20 7407 0007
E: [email protected]

Andy Slaughter MP, Shadow Justice Minister
T: +44 (0)20 7610 1950
E: [email protected]

For further background about this case and related human rights concerns in UAE:

John Tackaberry, Media Officer, Amnesty International Canada
T: (613) 744-7667, extension 236
E: [email protected]

Monia Mazigh, National Coordinator-International Civil Liberties Monitoring Group
T: (613) 241-5298
E: [email protected]

Nicholas McGeehan, UAE researcher at Human Rights Watch
E: [email protected]

Drewery Dyke, UAE Researcher at Amnesty International
T: +44 (0) 75 3558 7297
E: [email protected]

 

-30-

 

For more details about the case please visit:

Campaign Website http://www.freesalimalaradi.com/
Facebook Page https://www.facebook.com/freesalimalaradi
Twitter Account https://twitter.com/freesalimaradi
Youtube Channel https://www.youtube.com/c/freesalimalaradi

UN Experts ‘Condemn Trial’ and Release Opinion on Canadian Salim Alaradi Attracting International Attention

Free Salim Alaradi Campaign

Urgent Update – February 15th 2016

 

UN Experts Issued Public Statement ‘Condemning Trial’ and called for immediate and unconditional release of Salim Alaradi and others. UN Experts also issued an Opinion on Canadian Salim Alaradi on Eve of Trial Attracting International Attention of Legal Experts, Government Officials and Human Rights Activists
Canadian Citizen Detained in United Arab Emirates for 537 Days

UN Experts have released a powerful joint statement today condemning the trial of Canadian citizen Salim Alaradi. The UN Working Group on Arbitrary Detention (WGDA), the UN Special Rapporteur on torture, the UN Special Rapporteur on the right to health and the UN Special Rapporteur on the independence of judges and lawyers have called on the UAE to respect the fundamental rights of Alaradi and the American nationals, Kamal and Mohamed El Darat, who have been arbitrarily detained for a year and a half, and called for their immediate and unconditional release.

The WGAD has released its decision today on the arbitrary detention of Alaradi and has attracted international attention around the very questionable UAE trial of Alaradi and two American nationals.

The Working Group, which has been investigating this case since June 2015, will issue findings that the UAE is responsible for the arbitrary detention of Alaradi and it is impossible to invoke any legal basis justifying the detention. It has also concluded that the norms of a fair trial have been violated to an extreme gravity such that Alaradi should be immediately released and provided with adequate and full reparations. The Working Group has noted that the UAE failed to produce any evidence or proof that lawful procedures have been followed. The Working Group has referred the allegations of torture to the Special Rapporteur on torture for appropriate action. The Special Rapporteur has already begun an investigation and in late 2015 requested a state visit to the UAE. (See summary of opinion)

 

This case has drawn the eyes of the international legal community and media to the Abu Dhabi Supreme Court trial beginning today.

Leading UK human rights lawyer, Geoffrey Robertson QC has found the treatment of Alaradi breaches international law. In a published a legal opinion, he describes how a man, with dual Canadian and Libyan nationality was arrested at a Dubai hotel whilst on a family holiday in the middle of the night, and held for 17 months without charge and tortured while held incommunicado.  He explains that Alaradi faces a secret trial in Abu Dhabi on Monday 15 February 2016 on charges of supporting terrorism.  The only evidence against him is confession evidence obtained by torture.  If, as expected, the Supreme Court convicts them, he faces sentences between 10 years and the death penalty, with no right of appeal.

“In my opinion these men have been treated by the state in ways which are manifestly contrary to international law…Their trial cannot be fair unless it is held, at least in part, in public and in that public part the judges consider impartially the allegations of torture and reject any confession obtained thereby” says Robertson.

“The UN Working Group on Arbitrary Detention has been very clear. Salim Alaradi’s rights have been violated through close to 1 ½ years of arbitrary detention. They have also referred concerns about torture for further UN investigation,” said Alex Neve, Secretary General of Amnesty International Canada.  “Very importantly the UN WGAD has called for these serious human rights violations to be redressed.  The unfair trial currently underway in UAE is not that remedy. That has to change.”

UK human rights lawyer Sue Willman said “In the past year I have been approached by Canadian, US, Turkish and Palestinians, all of whom spoke of the physical or mental scars of torture at the hands of the Emirati authorities.”

In August 2015 Marwa Alaradi, Alaradi’s eldest Canadian daughter, visited the United Kingdom and met with members of the British Parliament and the House of Lords. The UN Opinion has re-engaged the interest of British parliamentarians. According to the Guardian Andy Slaughter MP, Shadow Justice Minister, has said in response to the UN opinion on Alaradi: “the UK has a special relationship with UAE which should be reviewed in the light of the UN Working Group on Arbitrary Detention report.  This case rings a warning bell to the UK Government, which is sending international development funds to UAE to support the development of legitimate institutions, and selling them large quantities of arms”.

For over 500 days human rights groups, lawyers and the family of Canadian citizen Alaradi and the family of the American nationals have been persistent that these men are political hostages, victims of regional politics and their detainment is related to internal Libyan affairs. On the basis of an arbitrary and pro-longed pre-trial often in solitary confinement and in incommunicado; Alradi’s unwavering innocence plea on January 18th; fabricated charges that rely on tortured ‘confessions’ and secret evidence from State Security officials; a prosecution case that has presented no credible evidence of any wrongdoing; and now an independent United Nations Working Group opinion calling for their immediate release, we are calling on the Emirati judge to uphold the most basic standards of due process, dismiss the charges and send a message that torture can never be tolerated.

 

Information about the trial today will be released shortly.

 

UN Working Group Opinion Introduction and Disposition

 

Media

For further details about Salim Alaradi’s situation and the progress of the case in UAE:

Paul Champ, Human rights lawyer representing Salim Alaradi
T: (613) 237-2441
E: [email protected]

Marwa Alaradi, Salim Alaradi’s eldest daughter
E: [email protected]

For comments about the UN News Release:

Ms. Amanda Flores, UN Human Rights Officer
T: + 41 22 917 9186
E: [email protected])

Ms. Sonia Cronin, UN Human Rights Officer
T: +41 22 917 9160
E: [email protected]

For comments about the case and the UN Opinion:

Geoffrey Robertson QC
T: + 44 (0) 7940 951731
E: [email protected]

Sue Willman, Deighton Pierce Glynn
T: +44 (0) 20 7407 0007
E: [email protected]

Andy Slaughter MP, Shadow Justice Minister
T: +44 (0)20 7610 1950
E: [email protected]

For further background about this case and related human rights concerns in UAE:

John Tackaberry, Media Officer, Amnesty International Canada
T: (613) 744-7667, extension 236
E: [email protected]

Monia Mazigh, National Coordinator-International Civil Liberties Monitoring Group
T: (613) 241-5298
E: [email protected]

Nicholas McGeehan, UAE researcher at Human Rights Watch
E: [email protected]

Drewery Dyke, UAE Researcher at Amnesty International
T: +44 (0) 75 3558 7297
E: [email protected]

 

-30-

For more details about the case please visit:

Campaign Website http://www.freesalimalaradi.com/
Facebook Page https://www.facebook.com/freesalimalaradi
Twitter Account https://twitter.com/freesalimaradi
Youtube Channel https://www.youtube.com/c/freesalimalaradi

UAE Prosecution allege Canadian Salim Alaradi participated in revolutionary activities in 2011 but Libya’s Attorney General asserts otherwise

Free Salim Alaradi Campaign

Urgent Update - February 10, 2016

UAE Prosecution allege Canadian Salim Alaradi participated in revolutionary activities in 2011 but Libya’s Attorney General asserts otherwise
Canadian Citizen Detained in United Arab Emirates for 532 Days

On January 18th 2016 when Canadian citizen Salim Alaradi first found out of the charges he was shocked and pleaded not guilty.  As Alaradi counts down the days to the start of his trial on February 15th 2016, his legal team is spending extensive hours reviewing and building his defense. Their analysis has revealed the prosecution has presented no credible evidence of any wrongdoing by the defendants.

Alaradi’s lawyers have informed the family of several contradictions in the prosecution’s file. One such example is the formal charge sheet that states Alaradi supported and financed a Libyan entity called ‘Libya Dawn’ that was established in 2014. However, the prosecution’s file only references activities that Mr Alaradi undertook in 2011, three years before Libya Dawn’s formation and at a time when the Libyan revolution enjoyed widespread support around the world. This is only one example of many arguments that the legal team hopes to raise on February 15th.

The Libyan Attorney General, recognized internationally as the legitimate legal authority in Libya, has issued an affidavit confirming that Alaradi is not subject to any restrictions in Libya and is not wanted by the Office of the Prosecutor General.

The legal team has confirmed that the case against Alaradi and American citizens Kamal and Mohamed Eldarat relates exclusively to events that allegedly took place in Libya. States can exercise jurisdiction over events that take place abroad when it involves their citizens, not applicable in this case, or when the legal authority in the external territory or a legal authority which covers both territories agree. In this case both the Libyan Attorney General and the United Nations, of which both states are members, do not agree with the allegations. Lawyers question the legitimacy of UAE’s decision to prosecute for alleged activities abroad when the country where the activities took place does not recognise any crime committed.

In summary, there are serious errors in the substance of the charges and the evidence that undermine the legitimacy of the trial.

We call on the UAE authorities to discontinue the prosecution and dismiss the charges.

 Media

For further details about Salim Alaradi’s situation and the progress of the case in UAE:

Marwa Alaradi, Salim Alaradi’s eldest daughter
E: [email protected]

Paul Champ, Human rights lawyer representing Salim Alaradi
T: (613) 237-2441
E: [email protected]

For further background about this case and related human rights concerns in UAE:

John Tackaberry, Media Officer, Amnesty International Canada
T: (613) 744-7667, extension 236
E: [email protected]

Monia Mazigh, National Coordinator-International Civil Liberties Monitoring Group
T: (613) 241-5298
E: [email protected]

Nicholas McGeehan, UAE researcher at Human Rights Watch
E: [email protected]

Drewery Dyke, UAE Researcher at Amnesty International
T: +447535587297
E: [email protected]

 

-30-

 

For more details about the case please visit:

Campaign Website http://www.freesalimalaradi.com/
Facebook Page https://www.facebook.com/freesalimalaradi
Twitter Account https://twitter.com/freesalimaradi
Youtube Channel https://www.youtube.com/c/freesalimalaradi

Amnesty International and Human Rights Watch dismayed by unfolding unfair trial of Canadian/Libyan and United States/Libyan nationals as ‘confessions’ obtained under torture and secret evidence look set to be used

Free Salim Alaradi Campaign

Urgent Update – February 8th 2016

Amnesty International and Human Rights Watch dismayed by unfolding unfair trial of Canadian/Libyan and United States/Libyan nationals as ‘confessions’ obtained under torture and secret evidence look set to be used
Canadian Citizen Detained in United Arab Emirates for 530 Days

It did not take long after Canadian/Libyan Salim Alaradi disappeared on August 28, 2014 by United Arab Emirates (UAE) State Security Agents that Human Rights Watch (HRW) and Amnesty International (AI) examined the facts of the case and took action. Human rights groups quickly linked the detention regional politics and division in Libya. Since then AI and HRW have repeatedly drawn attention to the gross human rights violations and most recently flaws in the administration of the case against Alaradi and the American detainees.

Following the January 18th 2016 hearing Amnesty International renewed its campaigning with an Urgent Action appeal, calling on the UAE authorities to try Alaradi before an ordinary criminal court in accordance with international fair trial standards, including the right to appeal, and without recourse to the death penalty. The Urgent Action also calls on the UAE to ensure that any “confessions” or other statements obtained by torture and other ill-treatment or coercion are not used as evidence in court. Amnesty Canada has also issued an Urgent Action to its followers.

HRW issued a report on February 4th confirming that multiple serious due process violations in Alardi’s pre-trial detention make it highly unlikely that he will receive a fair trial in the UAE.

Both AI and HRW, in line with international human rights standards, have called what happened to Alaradi an enforced disappearance.  “The UAE should take immediate steps to reverse its dismal handing of this case, including an immediate investigation into the torture claims,” said Joe Stork, deputy Middle East director at Human Rights Watch. AI’s UAE Researcher Drewery Dyke added that “this case bears all the hallmarks of tens of unfair trials that have preceded it, in which detainees have reported torture, and in which the UAE government has denied defendants an effective legal defence, imprisoned prisoners of conscience and which has ultimately left in tatters its reputation in terms of human rights.”

AI and HRW are only two of many human rights organizations in Canada, the United States of America, the United Kingdom, Switzerland, and Libya that have researched the case and concluded that Salim Alaradi, Kamal and Mohamed Eldarat have been arbitrarily detained, that there are serious and credible allegations of torture, that they have been denied access to private consular and legal representation and are now facing multiple due process violations in a process that has no right of appeal.

Alaradi’s lawyers have seen the charge sheet against him and the other defendants. It consists of ‘confessions’ extracted under torture and relies on secret evidence provided by secret individuals. It was made available to the defence over a week after the trial began. The men have been denied the effective right of defence yet the case is only getting underway. We call on the UAE authorities to end this painful charade and to release Alaradi and the American nationals.


Based on witness statements of UAE Secret Prison survivors
Commissioned by The Libyan Association for Victims of Torture and Enforced Disappearance in the UAE
May be re-used for free, without the need to ask for permission (http://lavtedu.com)

 Media

For further details about Salim Alaradi’s situation and the progress of the case in UAE:

Marwa Alaradi, Salim Alaradi’s eldest daughter
E: [email protected]

Paul Champ, Human rights lawyer representing Salim Alaradi
T: (613) 237-2441
E: [email protected]

For further background about this case and related human rights concerns in UAE:

John Tackaberry, Media Officer, Amnesty International Canada
T: (613) 744-7667, extension 236
E: [email protected]

Monia Mazigh, National Coordinator-International Civil Liberties Monitoring Group
T: (613) 241-5298
E: [email protected]

Nicholas McGeehan, UAE researcher at Human Rights Watch
E: [email protected]

Drewery Dyke, UAE Researcher at Amnesty International
T: +447535587297
E: [email protected]

 

-30-

 

For more details about the case please visit:

 

Campaign Website http://www.freesalimalaradi.com/
Facebook Page https://www.facebook.com/freesalimalaradi
Twitter Account https://twitter.com/freesalimaradi
Youtube Channel https://www.youtube.com/c/freesalimalaradi

 

International Centre for Justice and Human Rights - Unfair trials in the United Arab Emirates

Geneva, February 8, 2016

In the United Arab Emirates (UAE), there is a range of abuses, as trials are unfair or continually postponed and detainees are often subjected to torture or ill-treatment. Actually, many detainees like an Omani blogger, Muawiya Al-Rawahi, or the Libyans  are facing this situation during the pre-trial, the trial and the post-trial, where their rights are regularly violated. The right to be presumed innocent until proved guilty according to UAE constitution in Article 28 seems to not real existing.

During the month of January, recent trials for each of Muawiya Rawahi and the Libyans businessmen, have been marred by numerous violations, among them:

  • Almost all trials in UAE started by violations of fair trial standards, including the denial of legal assistance during pre-trial, and allegations of systematic torture. In fact, several victims are also subjected, for example, to a lack of a health report about torture, pre-trials exceeding deadlines, etc. It is worth noting that these trials do not respect conditions of a fair trial as recognized by several international treaties. Despite these international guarantees and safeguards, UAE continuously disregards the right of defendants.
  • Although defendants deny charges against them, they do not have full access to their lawyers or to evidences against them. Sometimes, evidences obtained by torture are used to convict them whereas evidences obtained by torture should be excluded from trial according to rule of due process. Nevertheless, lawyers do not have full access to their clients and case files, and they do not have sufficient time to prepare their clients’ defense. Lawyers appointed by defendants could not find out what the charges their clients were facing until the trial as well. In the case concerning the Libyans, many things occurred that were not matched with the rights of the defendants. Among these, their lawyers had no access to the records and cases files until the trial session, the American and Canadian lawyers of Kamel and his son Mohamed Al darat and Salim Al aradi, were unable to attend the trial to monitor it, and Salim Alaradi, mentioned torture he faced, but the judge answered him that he will listen to him later. The international human rights law recognizes the right to have adequate time and facilities for the preparation of his/her defence and to communicate with counsel of his/her own choosing; to be informed, if he/her does not have legal assistance, of this right; and to have legal assistance assigned to him/her, in any case where the interests of justice so require, and without payment by him/her in any such case if he/she does not have sufficient means to pay for it.
  • Another important problem concerns the prosecution of the case before the UAE Federal Supreme Court, which deprives the defendants of the right to appeal. Unfortunately, the Article 101 of the UAE Constitution stipulates, “the judgements of the Union Supreme Court shall be final and binding upon all”. That means, convictions and sentences of this Federal Supreme Court cannot be appealed to a higher court, whereas international human rights law guarantees the right to appeal and states that that everyone convicted of a crime shall have the right to his/her conviction and sentence being reviewed by a higher tribunal according to law.

Finally, the UAE failed to prohibit torture despite they had acceded to the UN Convention against torture and other cruel, inhuman or degrading treatment or punishment and its constitution which states in its Article 26 that “No person shall be subjected to torture or to degrading Treatment”

Because of growing of cases of unfair trials, the International Centre for Justice and Human Rights (ICJHR) is urgently calling UAE to:

  1. Immediately and unconditionally cancel unfair trials which violated international fair trial standards
  2. Exclude from trial any evidence obtained by torture or ill-treatment and order independent and impartial investigations into allegations of torture and other ill-treatment, and bring those responsible to account
  3. Protect all judicial guarantees and safeguards, including rights of defense ensuring a fair trial
  4. Show a health report and provide any medical treatment when requested
  5. Stop torture or pre-detentions exceeding deadlines
  6. Respect all its international obligations and commitments, specifically those made before the Human Rights Council in 2013
  7. Ratify the International Covenant on civil and political rights, the International Covenant on economic, social and cultural rights and the Protocols related

For more information, please contact us by email. [email protected]

Arabic

After 18 Months of Arbitrary Detainment, the Charges and Prosecution Case File is Shocking, Baseless and Built Merely on Confessions Obtained by Torture

Free Salim Alaradi Campaign

Urgent Update – February 5th 2016

After 18 Months of Arbitrary Detainment, the Charges and Prosecution Case File is Shocking, Baseless and Built Merely on Confessions Obtained by Torture
Canadian Citizen Detained in UAE for 527 Days

For over 500 days Salim Alaradi’s family and human rights organizations have been stressing that Alaradi is a political prisoner, a victim of regional politics and his detainment is related to internal Libyan affairs. Today lawyers confirmed that the prosecution file confirms exactly this.

On January 18, 2016 Canadian citizen Salim Alaradi as well as American nationals Kamal and Mohamed ElDarat, charged in the same case, learnt of their charges for the first time in court. Paul Champ, Alaradi’s Canadian lawyer, described the charges as “bizarre.” Alaradi denied all charges that alleged he funded, supported and co-operated with two Libyan organizations - Libyan Dawn (a Libyan military operation) and the February 17 Brigade (a legitimate military body) which formed during the 2011 revolution and no longer exists.

The UAE has alleged that both are terrorist organizations but neither entity named in the charges is listed by the Libyan government, Canadian government, US government or the United Nation as terrorist entities.

Alaradi’s lawyer did not have access to him prior to the January 18th hearing. Canadian officials were allowed to visit Alaradi on January 20th and described Alaradi in a state of shock and fear from these unanticipated and fabricated charges, which is understandable: the charges can lead to the death penalty or life imprisonment. His UAE local lawyer was finally permitted to visit him on January 24th, but it was a monitored visit.

The United Arab Emirates prosecutor restricted access to the case file until recently on January 28th. To Alaradi legal counsel’s dismay the case is strictly built on confessions signed by Alaradi with witness statements from secret sources. “No court of law in the world should admit evidence tainted by torture,” said Champ, Alaradi’s Canadian lawyer.

Alaradi had previously informed family members and Canadian officials that in late  November 2014 while being tortured late at night, he was forced to sign papers while blind folded and under significant physical and emotional coercion. The content of the sheets were never read to him nor was he allowed to read them.

“I cannot comprehend how the UAE State Security can hold my father arbitrarily, torture him, violate every single basic human right, tear our family apart, destroy our family business, and after 18 months all they have to show for it is baseless charges completely built on confessions taken when torturing my father. The prosecution file has absolutely no substance and there is no real evidence. The lawyers are telling us that if this were a fair trial my father would be home by now. From another perspective this is good news because it confirms that my father did nothing wrong and I hope the Judge will reach the same conclusion,” says Marwa, Alaradi’s eldest daughter.

This new discovery significantly undermines the legitimacy of the trial, grossly violates international fair trial standards and demands for all charges to be dismissed.

In the January 18th hearing Alaradi attempted to inform the judge that he was tortured by exposing his body to show torture marks that were still visible. The judge dismissed his appeal and directed him to raise it in the trial.

Over the last decade, the UAE has introduced many judicial reforms; however, the actions of the State Security are damaging any opportunity of a fair trial and undermining the UAE’s reputation. It is time for the highest levels of the UAE government to intervene and ensure that state agencies and officers do not act in violation of the Emirati Constitution and should hold those responsible accountable.

Commissioned by The Libyan Association for Victims of Torture and Enforced Disappearance in the UAE
May be re-used for free, without the need to ask for permission (http://lavtedu.com)

Media

For further details about Salim Alaradi’s situation and the progress of the case in UAE:

Marwa Alaradi, Salim Alaradi’s eldest daughter
E: [email protected]

Paul Champ, Human rights lawyer representing Salim Alaradi
T: (613) 237-2441
E: [email protected]

For further background about this case and related human rights concerns in UAE:

John Tackaberry, Media Officer, Amnesty International Canada
T: (613) 744-7667, extension 236
E: [email protected]

Monia Mazigh, National Coordinator-International Civil Liberties Monitoring Group
T: (613) 241-5298
E: [email protected]

Nicholas McGeehan, UAE researcher at Human Rights Watch
E: [email protected]

Drewery Dyke, UAE Researcher at Amnesty International
T: +447535587297
E: [email protected]

 

-30-

 

For more details about the case please visit:

 

Campaign Website http://www.freesalimalaradi.com/
Facebook Page https://www.facebook.com/freesalimalaradi
Twitter Account https://twitter.com/freesalimaradi
Youtube Channel https://www.youtube.com/c/freesalimalaradi