United Arab Emirates (UAE) Attorney General Salem Saeed Kubaish released a statement on January 27, 2013, alleging that the 94 “launched, established, and ran an organization seeking to oppose the basic principles of the UAE system of governance and to seize power.” But as of February 27, the authorities had not released to lawyers the identities of all 94 detainees, documents setting out the charges against them, or the evidence on which these charges are based. Authorities have held 64 detainees whose identities are known at undisclosed locations for periods of up to a year and denied them legal assistance until late February. The decision to prosecute the case before the Federal Supreme Court under state security procedures deprives those being tried of the right to appeal, Human Rights Watch said.

“Defense lawyers cannot possibly defend their clients adequately without seeing the documents setting out the evidence against them,” said Sarah Leah Whitson, Middle East director at Human Rights Watch. “It appears that UAE authorities will drag scores of citizens through a shamelessly unfair judicial process that makes a mockery of justice.”

Local activists in contact with family members of the detainees told Human Rights Watch that authorities finally allowed some defendants to meet separately with defense lawyers on February 20 and 21, and February 25, 26, and 27. These meetings took place at the office of the state security prosecutor in Abu Dhabi, the families said, with a representative of the prosecutor’s office listening in to the conversations. The reported circumstances of the meetings violated the confidentiality of conversations between lawyers and their clients.

Family members of five of the detainees told Human Rights Watch that their detained family members had told them about ill-treatment in detention, including prolonged solitary confinement, 24-hour bright fluorescent lighting, inadequate heating, forced wearing of hoods whenever they were outside their cells – including while being escorted to the bathroom or interrogation rooms – and persistent insults from prison guards. As Human Rights Watch has previously documented, a son of one of the detainees, who was at a court hearing to extend their detention on September 6, 2012, reported that they appeared disheveled, disoriented, and distressed. Two of the detainees appeared barely able to walk, one appeared unable to follow the proceedings, and another told the judge that he was weak because he had been given sleeping pills.

The specific whereabouts of the 64 detainees, who have ties to a peaceful Islamist group, al-Islah, remain unknown, prompting concern for their well-being. Al-Islah has been a legally recognized organization in the UAE since 1974. Human Rights Watch has previously documented how lawyers employed by the only Emirati law firm currently offering legal assistance to the detainees have themselves been arrested, deported, and intimidated.

Though most of the defendants were arrested between May and July 2012, local activists told Human Rights Watch that authorities only began allowing family visits in November. Currently, detainees are allowed to call family members twice a week for a maximum of three minutes per phone call. The calls are monitored by state security officers, who immediately disconnect the calls if the detainee or family member attempts to discuss his or her case or location.

Since November authorities also have allowed family members to meet all detainees in person once a month for a maximum of 30 minutes at the office of the state security prosecutor in Abu Dhabi, but only with a representative from the prosecutor’s office in the room.

Though details of the charges remain unknown, based on the attorney general’s January 27 statement it appears authorities will charge the activists with violating article 180 of the penal code, which mandates up to 15 years in prison for anyone who has “set up, established, organized, or run an association or organized body or branch of an organization that seeks to subvert the ruling regime of the country or to promote this through use of force or otherwise.” The same article provides for up to five years in prison for members of such organizations.

Family members of the detainees told Human Rights Watch that authorities froze all bank accounts and assets of detainees following their arrest as well as accounts and assets of their spouses and underage children, in many cases leaving them in difficult financial circumstances. Human Rights Watch has seen a copy of a signed order from the UAE attorney general dated October 25, 2012, ordering all money and assets of 23 of the detainees frozen as well as those of their wives and underage children.

Authorities told defense lawyers in late February that they will permit two family members of each male defendant and one family member of each female defendant to attend the March 4 court session, though in order to enter the sessions each visitor must hand over a copy of each of the following documents: his or her ID card, a personal photo, phone numbers, a proof of relationship with the detainee, and a copy of his or her car registration. The requirement to provide phone numbers, photographs, and car registrations heightens concerns that the authorities will use the trial as a means of gathering data on friends and families of those accused in an arbitrary interference of their right to privacy, Human Rights Watch said.

Previous trials of activists in the UAE have consistently demonstrated serious due process flaws. Following the 2011 trial of five prominent activists who had signed a petition calling for more democracy in the UAE, known as the UAE5, a coalition of five human rights organizations including Human Rights Watch issued a report showing that “flagrant due process flaws” had essentially denied the five men the right to a fair trial. Among the flaws were the prosecutors’ refusal to hand over to defense lawyers all the documents setting out the charges and evidence against them, denial of confidential meetings between defendants and their lawyers, and persistent unequal treatment of the defense and prosecution.

Article 13 of the Arab Charter on Human Rights, to which the UAE is a state party, states that “[e]veryone has a right to a fair trial that affords adequate guarantees before a competent, independent and impartial court…” Article 16 mandates that in the course of an investigation and trial every defendant should enjoy minimum guarantees, including the right to be informed promptly of the charges, adequate time and facilities to prepare a legal defense, and the right to communicate confidentially and freely with lawyers.

“Trying these men and women before the Federal Supreme Court adds fair trial concerns to already established serious human rights violations underlying this case, including arbitrary detention and ill-treatment,” Whitson said.

“We are concerned about what appears to be an accelerating crackdown on human rights defenders in the United Arab Emirates through harassments, denial of travel, termination of work contracts, arrests, denaturalization and expulsion from the country,” said the spokesperson for the Office of the High Commissioner for Human Rights (OHCHR), Rupert Colville, during a briefing to reporters in Geneva.

“We call on the Government to guarantee that human rights defenders are able to carry out their work without fear of reprisals and urge them to release those who have been detained for peaceful exercise of their fundamental human rights,” he added.

Yesterday, a prominent activist, Ahmed Abdul Khaleq, was deported to Thailand. Abdul Khaleq was found guilty in November along with four other human rights defenders of “publicly insulting” senior officials, but was later pardoned by the President. He was detained once again in May.

Abdul Khaleq met with OHCHR staff in Bangkok, where he reported that he was never told why he was arrested for the second time and was never taken to court. Colville noted that his case is of particular concern because he is a stateless person, making him extremely vulnerable.

In addition, last night, Mohamad Al Roken, another human rights defender and the head of the union of jurists in the UAE, was also detained along with his son and brother-in-law.

“It appears that national security is increasingly being used as a pretext to clamp down on peaceful activism, to stifle calls for constitutional reform and on human rights issues such as statelessness,” Mr. Colville said. “A number of activists openly critical of the Government have been arbitrarily deprived of their Emirati nationality.”

During the briefing, Colville also said the refugee agency is concerned by reports of violent protests over the weekend in the Maldives and the excessive use of force by security forces in response.

“Instances of apparent brutality have been captured on camera. These include the seemingly deliberate and uncalled-for use of some kind of spray on former President Nasheed, and the driving of police vehicles at high speed into crowds of protestors,” the UNHCR spokesperson said, calling for an immediate investigation, and firm action against those responsible for excessive use of force.

In February, the then-President, Mohamed Nasheed, resigned after days of protests and tensions between the Government and military and police. He was succeeded by his former deputy, Mohammed Waheed Hassan.

The Government has since set up a National Commission of Inquiry to probe the events leading to the change, and both the UN and the Commonwealth of Nations have agreed to provide legal advice to the Commission.