Osama Al-Najjar
Cases- Location of case in SG report
- 2014-037-001
- Relevant SG report
- Year of the report
- 2014
- From Country
- Country Geolocation
Latitude: 23.424076
Longitude: 53.847818
- Country Geolocation (linked Cases)
- United Arab Emirates
- From Region
- UN body that raised the case prior to the SG report
- UN Special Procedures: Thematic
- Dates of prior UN action
- 16 April 2014
- Type of record
- Named individual
- Gender
- Male
- Was the victim a foreign national?
- No
- Was the victim a minor?
- No
- Individual's/organization's activity
activist and blogger, was tried in case referred to as "UAE 94"
- Type of rights defended
- Unclear in SG Report
- Was the victim a civil servant or member of the security forces or of the judiciary?
- No
- Reported trigger of reprisal
met with the Special Rapporteur on the independence of judges and lawyers during her visit to the country
- Engagement with UN body
- UN Special Procedures: thematic
- Dates of engagement
- between 28 January and 5 February 2014
- Type of attempted engagement
- Meeting with UN officials during country visit / with locally present UN officials
- Dates of mentioned reprisals
- 17 March 2014; 21 March 2014
- Location of mentioned reprisals
- Abu Dhabi
- Reprisal information
taken by a dozen men and transferred to a secret detention centre controlled by State security services. It is alleged that he was interrogated and tortured for four days and that a request by the detention centre’s doctor to transfer him to hospital because of severe bleeding was denied.
reportedly transferred to Al-Wathba prison in Abu Dhabi and charged with, inter alia, spreading false information
- Types of reprisals suffered
- Physical attack: Torture/Cruel, inhuman, degrading treatment
- Alleged/likely perpetrators
- State actors
- Was the reprisal based on new legislation?
- No
- Does the report make general comment about country’s environment for engagement with UN?
- No
- Further case development
The Government requested a two-week extension to allow the competent authorities to complete their full investigation into the case. However, at the time of finalization of the report, no further response had been received.
- Is the country cited for a "pattern of reprisal" in the context of this case?
- No
- Is a pattern of reprisals mentioned otherwise in the context of this case?
- No
- Does the report cite "self-censorship" as an issue in the context of this case?
- No
- How many times has the case been followed up in subsequent SG reports?
- 4
- In which SG report was this case followed up on? 0
- 2015
- Follow up information provided in SG report 0
6.The case of Osama al-Najjar, who had reportedly become the subject of reprisals after meeting with the Special Rapporteur on the independence of judges and lawyers during her visit to the United Arab Emirates in February 2014, was included in my previous report (A/HRC/27/38, para. 37-38). The Special Rapporteur, in her oral statements to the Human Rights Council and the General Assembly in 2014, called on the authorities to take immediate measures to release Mr. Al-Najjar and open an independent investigation into the circumstances of his arrest and the serious allegations of torture. On 2 April 2015, mandate holders raised further allegations concerning Mr. Al-Najjar with the Government (A/HRC/30/27, case ARE 2/2015). On 25 November 2014, after a trial that reportedly lacked respect for the most basic due process and fair trial guarantees, Mr. Al-Najjar was sentenced to three years in prison and fined 500,000 Emirati Dirhams (about 136,000 USD) on charges of, inter alia, contacting foreign organizations and presenting inaccurate information (ibid.). The Government, in its response of 30 April 2015, listed procedural guarantees that had been in place in the case of Mr. Al-Najjar (ibid.).In his report of 4 March 2015, the Special Rapporteur on the situation on human rights defenders recalled that the Government had not responded to the earlier communication dated 16 April 2014 and stated that he was still awaiting a detailed response fromthe Government to the allegations and questions raised (A/HRC/28/63/Add.1, paras. 554-555)
- Followup Trends 0
- Deterioration/further reprisals
- Did the government respond? 0
- Yes
- Was this case followed up by a UN body? 0
- UN Special Procedures: Thematic
- In which SG report was this case followed up on? 1
- 2016
- Follow up information provided in SG report 1
44.The case of Osama al-Najjar, who had reportedly become the subject of reprisals after meeting with the Special Rapporteur on the independence of judgesand lawyers during her visit to the United Arab Emirates in 2014, was included in my previous two reports (see A/HRC/27/38, paras.37-38, and A/HRC/30/29, annex, para.6). The Special Rapporteur on the situation of human rights defenders, in his latest observations on communications report, again raised concernabout the reportedreprisals against Mr.Al-Najjar,who,after spending almost six months in pretrial detention, appeared before the State Security Court at the Federal Supreme Court in Abu Dhabi, whose decisions are not subject to appeal, and was sentenced to three years in prison(see A/HRC/31/55/Add.1, para.563). He reiterated that international law provides for a right to unhindered access to and communication with international bodies on matters of human rights and fundamental freedoms (ibid.)
- Followup Trends 1
- No substantive information provided by SG report
- Date of follow up 1
- 22 February 2016
- Did the government respond? 1
- No
- Was this case followed up by a UN body? 1
- UN Special Procedures: Thematic
- In which SG report was this case followed up on? 2
- 2018
- Follow up information provided in SG report 2
57.Mr. Osama Al-Najjar was alleged to have been subject to reprisals after meeting withthe Ms. Gabriela Knaul, Special Rapporteur on the independence of judges and lawyers during her visit to the United Arab Emirates in 2014.His case has been raised by five special procedures mandate holders (ARE 2/2015) and in previous reports of the Secretary-General in 2014, 2015 and 2016. According to information received, Mr. Al-Najjar, who was arrested, tortured and held incommunicado in March 2014, was then transferred to Al Wathba prison, to be released on 17 March 2017, following the completion of his three-year sentence. However, in March 2017 the Federal Supreme Court reportedly refused to release him and, requested by the Public Prosecution, transferred him to a counselling center (Munasaha) based on Article 40 of Federal Law No. (7) of 2014 on Combating Terrorism Offences. On 1 June 2017 the court extended his placement in this center by six months and on 13December 2017 it was again renewed for another six months. 58.On 6 July 2018 the Government provided follow up information on multiple cases, noting that Mr. Al-Najjar is currently going therapy and treatment at a counselling centre called a Munasaha Centre which “consists of psychological, social and religious sessions to uproot terrorist and extremist ideologies” based on “concern that he might commit a terrorist offence after leaving the prison” and a “threat to public security.”The Government stated that Mr. Shaker Az is “currently serving his sentence of imprisonment at the Al Wathba penal institution, where he receives appropriate health care, and is permitted to communicate with his family in accordance with the regulations and procedures applicable to penal and correctional institutions.”Mr. Mansoor “was tried, convicted and sentenced to ten years’ imprisonment” and is serving his sentence at the Al Sadr penal institution with the right to an appeal.The Government did not address the allegations of reprisals.
- Followup Trends 2
- Deterioration/further reprisals
- Did the government respond? 2
- Yes
- In which SG report was this case followed up on? 3
- 2019
- Follow up information provided in SG report 3
- The case of Mr. Osama Al-Najjar was mentioned in the 2018 and several previous reports of the Secretary-General (A/HRC/39/41, Annex II, paras. 57–58; A/HRC/33/19, para. 44; A/HRC/30/29, para. 6; and A/HRC/27/38, para. 37) and raised by five special procedures mandate holders (ARE 2/2015). He was alleged to have been subject to reprisals after meeting with the Special Rapporteur on the independence of judges and lawyers during her visit to the country in 2014. According to information received, Mr. Al-Najjar was arrested, tortured and held incommunicado in March 2014, was then transferred to Al Wathba prison, to be released on 17 March 2017, following the completion of his three- year sentence. However, in March 2017 the Federal Supreme Court reportedly refused to release him and, requested by the Public Prosecution, transferred him to a counselling center (Munasaha) for guidance and reform.
- In 2017, the court extended his placement in this center twice. In May 2018, seven special procedures mandate holders expressed serious concern over the continued arbitrary detention of Mr. Al-Najjar beyond the term of his sentence on the basis of broad and vague anti-terrorism legislation (ARE 1/2018). 162 On 6 July 2018 the Government provided follow up information, noting that Mr. Al-Najjar is going therapy and treatment at a counselling centre called a Munasaha Centre which “consists of psychological, social and religious sessions to uproot terrorist and extremist ideologies” based on “concern that he might commit a terrorist offence after leaving the prison” and a “threat to public security.” In March 2019, it was reported that Mr. Al-Najjar was still being held in a counselling center despite having completed his sentence and treatment.
- Date of follow up 3
- May 2018
- Did the government respond? 3
- No
- Was this case followed up by a UN body? 3
- UN Special Procedures: Thematic