Amnesty International Report 1996 - United Arab Emirates

Two possible prisoners of conscience were arrested and one of them remained held throughout the year. At least 27 people were sentenced to flogging. At least five prisoners were executed and the legal status of two other prisoners sentenced to death in previous years remained unclear. In April the scope of the death penalty for drug-related crimes was expanded to include offences previously punishable by imprisonment. The new law was promulgated following recommendations from the President, Al-Sheikh Zayed bin Sultan an-Nahyan. Two possible prisoners of conscience, both Iraqi nationals, were arrested in January, following raids on their homes in Sharjah by members of the State Security police. Sheikh ‘Abd al-Mun‘im al-‘Ali and ‘Abd al-Jalil ‘Ilwan were detained incommunicado in the State Security Headquarters in Abu Dhabi, where they were reportedly tortured. ‘Abd al-Jalil ‘Ilwan was released in August and expelled from the country. Sheikh ‘Abd al-Mun‘im al-‘Ali, a critic of the Iraqi Government, continued to be held in detention without charge or trial at the end of the year. There was concern that he might be forcibly returned to Iraq, where he could face imprisonment as a prisoner of conscience, torture or execution. In February the President issued an amnesty for 121 prisoners to mark the end of the Islamic holy month of Ramadan. It was not known whether any of those released were prisoners of conscience. At least 27 people, including 15 women, were sentenced to flogging. The majority were foreign nationals and their punishments ranged from 60 to 250 lashes. Twenty-six were convicted of "morals" offences in the Emirate of Sharjah. They included two women sentenced to 90 lashes and imprisonment followed by deportation, after being convicted of "lesbianism and prostitution". It was not known whether the sentences were carried out. They also included a Filipina maid and an Indian national who were sentenced in September to 180 lashes each, followed by deportation with their baby, for having an illicit relationship out of wedlock. The sentences were reportedly carried out in September. Sarah Balabagan, a Filipina maid, reportedly aged 16, was tried for the murder of her employer, who she claimed had raped her. In June a court in al-Ain found her guilty of manslaughter and a victim of rape. It sentenced her to seven years' imprisonment and ordered her to pay $40,000 compensation to the relatives of the deceased. The court also awarded her $27,000 compensation for the rape. The President of the United Arab Emirates reportedly ordered a retrial of the case. Following a retrial by a different court in September, she was found guilty of murder and sentenced to death. However, this verdict was quashed by an appeal court in al-Ain which sentenced her in October to 100 lashes, and one year's imprisonment. The relatives of the deceased had given up their right to request her execution. At least five people were convicted of murder and executed. They included a Sri Lankan woman, Sithi Faruq, and an Indian national, ‘Abd al-‘Aziz ‘Abd al-Maguid, who were executed in April in Ra's Al-Khaimah and Abu Dhabi. The legal status of two prisoners sentenced to death in previous years was unclear. The sentence on Mashal Badr al-Hamati (see Amnesty International Report 1995) was not ratified by the President, but it remained unclear whether it had been commuted. The sentence on John Aquino, a Filipino national sentenced to death in 1989, had reportedly been upheld by the Federal Supreme Court, but it was not known whether it was ratified by the President. Amnesty International wrote to the President about the two possible prisoners of conscience, calling for their release if they were held solely for the non-violent expression of their beliefs, and seeking assurances that they would not be returned to Iraq where they would be at risk of human rights violations. Amnesty International repeatedly expressed concern at the use of flogging as a judicial punishment and appealed for its commutation in all cases. The organization also appealed to the President to halt the expansion of the use of the death penalty, and to commute the death sentences. The United Arab Emirates Government responded in July justifying its use of the death penalty in the face of rising drug offences. In its appeal Amnesty International had drawn attention to the doubt cast on the deterrent argument advanced as a justification for the use of the death penalty.