33. The trial observation coalition is deeply concerned at allegations that the
tribunal, made up of Presiding Judge Falah Al-Hajiri, Judge Mohamed Ahmed
Abdulqader and Judge Adbulrassol Tantawy, may not be able to act independently
of the executive and that they are not free to administer justice in the
proceedings. For example, according to family members, when the judge made an
order on 4 March that the defendants should be moved from the secret detention
facilities to public prisons, this order was ignored by the state security forces for
four days and at the time of this report's release, it has still not been complied
with in relation to Ahmed Bin Ghaith Al-Suwaidi 9.
34. In July 2012, when relatives of the accused were brought to court for orders
extending their detention, the judge met a relative in the corridor of the court
asked him why he was there. He explained that he needed to see the physical
condition of his family member and explained that no one had been able to see
him for three months. The judge then made an order that the defendant be
allowed to see his brother privately while at court. The security services promptly
overruled the order. Eventually a compromise was reached in which he was
allowed to see his brother in the presence of security officers.
35. The prosecution team sits to the right of the judges, closer to them than the
defence, who sit at tables facing the judges. When the court rises, the judges and
the prosecution retire to the same room. This gives rise to the fear that there is
not equality of treatment as between the defence and the prosecution and that
the tribunal is not impartial and independent of the state security prosecution.
The prosecutor clearly has the opportunity to discuss the case outside the
courtroom to the total exclusion of the defence lawyers. This degree of exclusive
access is not compatible with the requirement of the tribunal being impartial
between the parties.
9
Ahmed Al-Suwaidi was transferred to Al-Razeen prison, an official detention
centre, to join the other defendants on a date soon after the second hearing on
11th march 2013.
8