Libyan nationals as ‘confessions’ obtained under torture and secret evidence look set to be used

February 8, 2016 freesalim Press Releases, Uncategorized

Free Salim Alaradi Campaign

Urgent Update – February 8^th 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 18^th 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 4^th 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]

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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

February 8, 2016February 8, 2016 freesalim Human Rights Organizations, Uncategorized

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:

Immediately and unconditionally cancel unfair trials which violated international fair trial standards
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
Protect all judicial guarantees and safeguards, including rights of defense ensuring a fair trial
Show a health report and provide any medical treatment when requested
Stop torture or pre-detentions exceeding deadlines
Respect all its international obligations and commitments, specifically those made before the Human Rights Council in 2013
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

February 5, 2016 freesalim Press Releases, Uncategorized

Free Salim Alaradi Campaign

Urgent Update – February 5^th 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 18^th hearing. Canadian officials were allowed to visit Alaradi on January 20^th 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 24^th, but it was a monitored visit.

The United Arab Emirates prosecutor restricted access to the case file until recently on January 28^th. 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 18^th 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)