the arbitrary arrests of rights activists in response to their legitimate human rights
work in the UAE.
20. On 17July 2012, the United Nations High Commissioner for Human Rights
expressed concern about “what appeared to be an accelerating crackdown on
human rights defenders through harassments, denial of travel, termination of
work contracts, arrests, denaturalization and expulsion from the country.” 7 It was
noted that “apparently national security was increasingly being used as a pretext
to clamp down on peaceful activism, and to stifle calls for constitutional reform
and calls to address human rights issues such as statelessness. A number of
activists openly critical of the Government had been arbitrarily deprived of their
Emirati nationality.” The High Commissioner called on the government to
guarantee that human rights defenders are able to carry out their work without
fear of reprisals, and urged the release of those detained for the peaceful exercise
of their fundamental human rights.
LEGAL FRAMEWORK IN RELATION TO TORTURE
21. The UAE ratified the United Nations Convention Against Torture and Other
Cruel or Degrading Treatment or Punishment in July 2012.
Article 2 guarantees the right to be free of torture: “Each State Party shall take
effective legislative, administrative, judicial or other measures to prevent acts of
torture in any territory under its jurisdiction. No exceptional circumstances
whatsoever, whether a state of war or a threat or war, internal political instability
or any other public emergency, may be invoked as a justification of torture.”
Article 12 provides that: “Each State Party shall ensure that its competent
authorities proceed to a prompt and impartial investigation, wherever there is
reasonable ground to believe that an act of torture has been committed in any
territory under its jurisdiction.”
Article 15 provides that: “Each State Party shall ensure that any statement which
is established to have been made as a result of torture shall not be invoked as
evidence in any proceedings, except against a person accused of torture as
evidence that the statement was made.”
22. There is a constitutional guarantee against torture in the UAE Constitution in
Article 26: “... No person shall be subjected to torture or to degrading treatment.”
VIOLATION OF THE RIGHT TO BE FREE FROM TORTURE
23. At the hearings on 4 and 11 March, many defendants made allegations that
state officials had subjected them to torture and inhumane treatment while in pretrial detention. Defendants made the following allegations:
a) They were kept in small cells measuring approximately 2.5 by 3 meters.
b) The air conditioning was turned up and they were given only a towel to
wear.
c) The lights were left on all night.
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