Mohamad Ismat Mohamad Shaker Az
Cases- Location of case in SG report
- 2018-056-901
- Relevant SG report
- Year of the report
- 2018
- 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
- 4 October 2017
- Type of record
- Named individual
- Gender
- Male
- Was the victim a foreign national?
- No
- Was the victim a minor?
- No
- Type of rights defended
- Civil/political rights
- Was the victim a civil servant or member of the security forces or of the judiciary?
- No
- Reported trigger of reprisal
retaliation of an opinion issued by the Working Group on Arbitrary Detention on his case (ARE 6/2017); issuance of Opinion No. 21/2017 in which the Working Group found Mr. Shaker Az’s detention arbitrary
- Engagement with UN body
- UN Special Procedures: thematic
- Dates of engagement
- April 2017
- Type of attempted engagement
- UN raised case of person/organization
- Dates of mentioned reprisals
- 2 July 2017
- Reprisal information
Mr. Shaker Az was transferred to solitary confinement on 2 July 2017 for two months, beyond the 15- day limit recommended in international standards, allegedly as a measure of retaliation after the issuance of Opinion No. 21/2017 in which the Working Group found Mr. Shaker Az’s detention arbitrary. Furthermore, Mr. Shaker Az was told that the prosecutor would ask for an increased penalty, from 15 years to which he was sentenced in 2014, to life imprisonment.
- Types of reprisals suffered
- Deterioration in detention conditions
- Threats/Intimidations (incl. "fear of reprisal")
- 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
- Government response dates
- October 2017
- Government response content
The Government responded in writing to the allegations transmitted by the special procedures in October 2017, citing its view that Mr. Shaker Az was not subjected to arbitrary detention, torture or solitary confinement.
- 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?
- 2
- In which SG report was this case followed up on? 0
- 2020
- Follow up information provided in SG report 0
- The case of Mr. Mohamad Ismat Mohamad Shaker Az was included in the 2018 and 2019 reports of the Secretary-General (A/HRC/39/41, Annex II, para. 56, 58; A/HRC/42/31, para. 79 and Annex II, paras. 107–108) concerning his treatment, including being placed in solitary confinement, following an opinion issued by the Working Group on Arbitrary Detention who found his detention arbitrary (ARE 6/2017). 90 It was reported to OHCHR that as of May 2020, Mr. Shaker Az’s family last had telephone contact with him in August 2019. Since then, they have been denied contact and have not been able to obtain information on his condition, fate or whereabouts, despite requests to prison authorities.
- On 14 July 2020, the Government responded to the note verbale sent in connection to the present report, refuting that Ms. Soulayman Al-Ballushi, Ms. Alabduli, Mr. Mekkaoui, Mr. Shaker Az have been subject to arbitrary detention or torture, or been placed in solitary confinement. The Government indicated that all have received the necessary health care and that while family visits were suspended due to COVID-19, all individuals have the right to phone calls.
- Followup Trends 0
- Deterioration/further reprisals
- Did the government respond? 0
- Yes
- In which SG report was this case followed up on? 1
- 2019
- Follow up information provided in SG report 1
- The case of Mr. Mohamad Ismat Mohamad Shaker Az was included in the 2018 report of the Secretary-General (A/HRC/39/41, Annex, para. 56 and 58) concerning his treatment following an Opinion issued by the Working Group on Arbitrary Detention who found his detention arbitrary (ARE 6/2017). 163 Mr. Shaker Az was placed in solitary confinement on 2 July 2017 for two months allegedly in retaliation after the issuance of Opinion of the Working Group. It was further reported that the prosecutor would ask for an increased penalty, from 15 years to life imprisonment. On 6 July 2018 the Government provided information 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.”
- In May 2019, it was reported that Mr. Mohammed Shaker Az was allowed phone calls to his family on a monthly basis, but the last time they heard from him was on 14 February 2019. Concerns are reported that this might constitute further acts of reprisals for his engagement with the United Nations and that, while being denied access to his family, he might be subjected to acts of torture or other forms of ill-treatment.
- Followup Trends 1
- Deterioration/further reprisals
- Did the government respond? 1
- Yes