d) There were insufficient toilet facilities resulting on occasion to them soiling in the cells, which were not cleaned. e) They were kept in solitary confinement. f) They were severely beaten, their fingernails were extracted, and they were blindfolded and interrogated over many hours throughout the day and night. 24. Ahmed Bin Ghaith Al-Suwaidi said he and his family had been threatened with death if he pleaded not guilty. 25. The judge declined to order an investigation into the allegations and he is continuing with a trial in which the central piece of evidence - the confession by Ahmed Al Suwaidi – is tainted by the allegation that it was obtained by torture. He did however order the defendants be moved to official prison accommodation and that five defendants be transferred to hospital to be examined by specialists. 26. It has become known through defendants’ families that the secretary to the Presiding Judge is Hamad Al-Mazrouie, the former registrar of the state security prosecution team, and that this secretary has been seen by the defendants visiting the secret detention centres. He may therefore be complicit in the ill treatment and torture of the defendants. At the very least he would have been aware of the conditions in which they are being kept. This is a matter of serious concern, which potentially compromises the independence of the tribunal at the most fundamental level. 27. Family members who have had contact with the defendants have expanded on the court statements, claiming that the abuse is more extensive and includes the use of electric shocks and sexual abuse including putting women in the cells in order to cause sexual humiliation to the male defendants. 28. The coalition is concerned that no further action will be taken by the judge to investigate these serious allegations. This amounts to a breach of his duties under both international and domestic law. At the very least, this failure to investigate, and the visits to the secret detention centres by the judge's secretary, leads to the perception of complicity between the tribunal and the security services. LEGAL FRAMEWORK IN RELATION TO THE RIGHT TO A FAIR TRIAL 29. There are constitutional fair trial guarantees under the terms of Article 28 of the UAE constitution that: “an accused shall be presumed innocent until proven guilty in a legal and fair trial.” 30. The Arab Charter is the binding regional instrument ratified by the UAE. In addition there are relevant persuasive standards contained in the Universal Declaration of Human Rights (1948), the United Nations Basic Principles on the Independence of the Judiciary (1980) and the United Nations Basic Principles on the Role of Lawyers (1990). Article 13 (1) of the Arab Charter guarantees the right to a fair trial in criminal proceedings “before a competent, independent and impartial court that has been constituted by law to hear any criminal charge against him…” Article 13 (2) guarantees that trials “shall be public, except in exceptional cases that may be warranted by the interests of justice in a society that respects human freedoms and rights.” 6