8. The coalition believes however that other aspects of the right to a fair trial have been breached. In so far as the principle of the equality of arms between the prosecution and the defence, the independence and impartiality of the tribunal and the presumption of innocence are concerned, there are serious defects. In summary, the proximity of the prosecution and judge, the failure to provide the defence with the prosecution's evidence in a timely manner, and the disparity of approach by the tribunal between the defence and the prosecution lawyers are all factors which lead us to conclude that the defendants have not been afforded a fair trial. 9. The coalition believes that there has been a serious breach of the obligation to prevent torture of the defendants whilst in pre-trial detention. We further believe that the court, having heard the allegations of torture, failed to order any investigation of the allegations or to address them in any way. The central piece of evidence against the defendants is the confession of one of them, Ahmed Bin Ghaith Al-Suwaidi. This defendant has spent the last year in solitary confinement at a secret location. The coalition believes that the confession was extracted from him by torture and should therefore be disregarded by the Court as evidence, according to international standards and in particular the UN Convention Against Torture. His appearance at court was distressing and shocking for his relatives: he could hardly stand and he had lost a great deal of weight. According to his relatives, “He seemed like a pale shadow of his former self.” Al-Suwaidi made an emotional plea to the judge calling for protection for himself and his family. He further said that security services had threatened to murder him and his family if he did not change his plea to guilty. 10. The coalition expresses deep concern that many of the defendants in custody have been detained in appalling circumstances at secret locations without access to lawyers or family for long periods of time. It is alleged that the defendants have suffered variously beatings, the lengthy holding of stress positions, electric shocks, and deprivation of sleep. The allegations include that they have in some cases been humiliated by the withholding of adequate food, clothing and warmth and have suffered sexual abuse. 11. The trial is not proceeding on consecutive days and is being heard at a rate of one or two days per week. It is not known how many further hearings will take place. The coalition is concerned that this protracted approach may give rise to a violation of the right to trial within a reasonable time or the right to be released. 12. The coalition calls upon the judge to mount an immediate investigation into the allegations of torture, and if the allegations are found to be true, to punish the perpetrators accordingly. 13. The report concludes that: 1. The judge has failed in his duty to investigate credible allegations of torture of the defendants whilst in pre-trial detention. 2. The trial is proceeding in violation of internationally recognised standards of a fair trial. 3