MOTION FOR A RESOLUTION on the case of human rights defender Ahmed Mansoor in UAE

14.9.2021 - (2021/2873(RSP))

with request for inclusion in the agenda for a debate on cases of breaches of human rights, democracy and the rule of law
pursuant to Rule 144 of the Rules of Procedure

Ernest Urtasun, Hannah Neumann, Jakop G. Dalunde, Francisco Guerreiro, Rosa D'Amato, Ignazio Corrao, Erik Marquardt, Mounir Satouri, Saskia Bricmont, Tineke Strik
on behalf of the Verts/ALE Group

See also joint motion for a resolution RC-B9-0434/2021

B9‑0435/2021

European Parliament resolution on the case of human rights defender Ahmed Mansoor in UAE

(2021/2873(RSP))

The European Parliament,

-  having regard to its previous resolutions, notably the one of 4 October 2018, on the human rights situation in the United Arab Emirates,

 

-  having regard to the statement by UN experts of 10 February 2021 calling for the release of human rights defenders serving long-term prison sentences in the UAE, including Ahmed Mansoor,

 

-  having regard to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, to which the UAE is party, and to the International Covenant on Civil and Political Rights (ICCPR),

 

-  having regard to the UN Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela rules),

 

-  having regard to the statement by the EEAS spokesperson of 1 January 2019 on the case of Ahmed Mansoor,

 

-  having regard to the European Union Guidelines on Human Rights Defenders, Freedom of Expression and on Torture and Ill-treatment,

 

-  having regard to the report by Corporate Europe Observatory “United Arab Emirates’ growing legion of lobbyists support its “soft superpower” ambitions in Brussels”, of 17 December 2020,

 

-  having regard to the report by David Calvert-Smith “Undue Influence: the UAE and Interpol” of March 2021,

 

-  having regard to Rule 144 of its Rules of Procedure,

 

1. whereas on 29 May 2018, Ahmed Mansoor was convicted and sentenced to 10 years in prison by the Abu Dhabi Court of Appeals, after a grossly unfair trial, on charges related to his human rights advocacy; whereas on 31 December 2018, the ruling was upheld by the UAE’s Federal Supreme Court;

 

2. whereas Ahmed Mansoor is a prominent human rights defender from the UAE, who has tirelessly advocated for human rights in his country and the region; whereas Mr Mansoor was awarded the prestigious Martin Ennals Award for Human Rights Defenders in 2015; whereas civil society organisations report that Mr Mansoor was the last remaining human rights defender in the UAE who had been able to criticize the authorities publicly;

 

3. whereas since his arrest in March 2017, Mr Mansoor has reportedly been held in solitary confinement, deprived of basic necessities and denied his rights as detainee under international human rights and Emirati law; whereas he has been prohibited from making any form of contact with his family and has only been allowed to receive a very limited number of visits from his wife; whereas in 2019, Mr Mansoor engaged in two hunger strikes in order to request the respect of his basic rights as a prisoner;

 

4. whereas the UN Special Rapporteur on the situation of human rights defenders has stated that “the conditions and treatment that [Emirati human rights defenders Ahmed Mansoor, Mohamed Al-Roken and Nasser Bin Ghaith,] are subjected to, such as prolonged solitary confinement, are in violation of human rights standards and may constitute torture”;

 

5. whereas the UN Special Rapporteur on the independence of judges and lawyers stated after her visit to the UAE in 2014 that lawyers who take up cases related to state security “have been harassed, threatened and had pressure exerted on them”; whereas she denounced that the “judicial system remains under the de facto control of the executive branch of the government”;

 

6. whereas since 2011, human rights organizations have observed a systematic assault on fundamental freedoms in the country and human rights defenders, lawyers and dissidents have been subjected to a range of serious abuses, including arbitrary detention, enforced disappearance and torture;

 

7. whereas the UAE uses sophisticated spyware to target activists and other voices of dissent; whereas Ahmed Mansoor was targeted with spyware provided by the Israeli company NSO Group after previously being targeted with spyware from FinFisher and Hacking Team, companies respectively based in Germany and Italy; whereas the “Pegasus leak” of July 2021 reported the mass use of the NSO spyware by the Emirati authorities against a range of targets, including over 400 individuals in the United Kingdom;

 

8. whereas the UAE ranks 145th in the Economist’s Democracy Index of 2020, where it is classified as authoritarian, and ranks 131st in Reporters Without Borders’ World Press Freedom Index in 2021;

 

9. whereas the UAE´s Counter-Terrorism Law “Federal Law No. 7/2014” includes a vague definition of terrorism which provides the authorities with broad powers to prosecute peaceful critics, political dissidents and human rights defenders designating them as terrorists; whereas it provides for the death penalty for people whose activities “undermine national unity or social peace”; whereas this law has already been used to sentence human rights defenders;

 

10. Whereas 60 individuals, including activists, lawyers, students and teachers, who were convicted on what Amnesty International considers trumped-up charges following an unfair mass trial known as the “UAE-94” case, remain arbitrarily detained since their arrest in 2012;

 

11. whereas freedom of association continues to be severely restricted under the Federal Law No. 2/2008, which grants the authorities broad powers to impede the registration of NGOs and to dissolve established organisations or their boards of directors on vague grounds;

 

12. whereas repression of online speech increased with the adoption of the 2012 Cybercrimes Law, which has allowed UAE authorities to silence human rights defenders;

 

13. whereas the UN Group of Independent Eminent International and Regional Experts on Yemen concluded that individuals in the Government and the Coalition, including the United Arab Emirates, have committed acts that may amount to war crimes, including cruel treatment and torture and the use of precision-guided munitions to strike civilian targets in Yemen;

 

 

1. Strongly condemns, once again, the persecution and detention of Ahmed Mansoor as well as of all other Emirati human rights defenders, political activists and dissenting voices, solely for exercising their basic human rights, including the rights to freedom of expression and association;

 

2. Calls on the UAE authorities to immediately and unconditionally release Ahmed Mansoor, as well as all the other detained human rights defenders and prisoners of conscience, and to drop all charges against them; commends Ahmed Mansoor’s outstanding work in the protection of human rights and the advancement of democracy in his country and the region;

 

3. Recalls that Ahmed Mansoor´s arrest, sentencing and detention represent a blatant breach of fundamental principles of due process; remains deeply concerned by the reports that Mr Mansoor has been subjected to torture or ill-treatment while in detention and that he is being held in solitary confinement; urges the authorities to abide by the UN Standard Minimum Rules for the Treatment of Prisoners in their treatment of all prisoners, including by removing Ahmed Mansoor from solitary confinement and allowing regular visits by his lawyers, family and international observers, and access to medical care, and that all allegations of torture are thoroughly investigated;

 

4. Calls on the UAE authorities to stop the harassment and immediately lift the travel ban against human rights defenders and insists that they guarantee in all circumstances that human rights defenders in the UAE are able to carry out their legitimate human rights activities, both inside and outside the country, without fear of reprisals and free of all restrictions including judicial harassment;

 

5. Urges the government of UAE to abide by its obligations and commitments under international human rights law, including the UN Convention against Torture; calls on the UAE authorities to ratify the International Covenant on Political and Civil Rights and the Optional Protocol to the Convention Against Torture, and urges the UAE to extend a standing invitation to the visit of all Special Procedures of the UN Human Rights Council;

 

6. Deplores the continued, muted reaction of the EU, notably of the former VP/HR Frederica Mogherini and her successor Josep Borrell; calls on the European Union and the Member States to take a strong, public stand in line with the block’s stated human rights commitments, including by demanding the release of Ahmed Mansoor in all contacts they hold with UAE authorities; pending his release, urges the EU Delegation in Abu Dhabi to provide all appropriate support to Ahmed Mansoor, including prison visits and the provision of legal or any other form of assistance that he might require; calls on VP/HR to report to the European Parliament on the actions undertaken so far by the EU Delegation in support of Mr Mansoor, as well as during the course of his upcoming visit to the UAE;

 

7. Calls on the EEAS to propose the adoption of EU targeted measures against those responsible for the persecution and imprisonment of Ahmed Mansoor under the EU Global Human Rights Sanctions regime;

 

8. Calls on the EU to adopt and make public meaningful human rights benchmarks and a list of individual cases for its human rights dialogue with the UAE, with a view to allowing for a genuine and result-oriented engagement on human rights;

 

9. Calls on the EEAS and the Commission to support in an active manner civil society groups and individuals defending human rights in the UAE, including through arranging prison visits, trial monitoring and public statements;

 

10. Calls on the European Union to include a discussion on human rights, particularly the situation of human rights defenders, as a permanent item on the agenda of the annual summit between the EU and the Gulf Cooperation Council;

 

11. Urges the members of Interpol’s general assembly, notably the EU Member States, to reject the candidacy of General-Major Nasser Ahmed al-Raisi for the election of the Presidency of the organisation on 23-25 November; underlines that the election of al-Raisi, inspector general of the UAE Interior Ministry, who was responsible for managing the UAE security and police forces and investigating complaints against the police and security forces, would seriously undermine the credibility of Interpol given the responsibility of the latter in the human rights abuses in the country; calls on Interpol to establish robust vetting procedures and transparency over the election process;

 

12. Expresses concern at the reported use by the UAE authorities of the NSO Goup’s spyware for the unlawful targeting of the mobile phones of hundreds of individuals in the United Kingdom, including lawyers, academics and a parliamentarian; calls on the VP/HR to request from the Emirati authorities a clarification on these reports, including with regards the possible targeting of EU nationals or individuals on EU territory, and to report back to parliament;

 

13. Deplores the significant arms deals by EU Member States, among others France, Germany, Spain, Italy, Sweden and Finland, with the UAE, which run counter to the EU Common Position on Arms Exports; calls on EU Member States to suspend any export, sale, update and maintenance of any form of arms to the UAE that may be used in armed conflict, in particular in view of the UAE’s involvement in the Yemen war and allegations of having committing war crimes; calls for an EU-wide ban on export of security and surveillance equipment to the UAE which can be or is used for internal repression, including Internet surveillance technology; calls on the High Representative to report on the current state of military and security cooperation by EU Member States with the UAE authorities;

 

14. Urges the UAE authorities to amend the Counter-Terrorism law, the 2012 Cybercrimes Law and the Federal Law No. 2/2008, which are repeatedly used to prosecute human rights defenders, in order to bring them in line with international human rights standards;

 

15. Recalls that the EU signed a short stay visa waiver agreement with the UAE in 2015; calls on the Commission to report to Parliament on the compliance of this agreement with the relevant EU legislation, notably as regards the consideration of human rights and fundamental freedoms as a criteria for visa exemption;

 

16. Notes the recent report of growing investment by the UAE in lobby consultancies and think tanks aiming at the EU institutions, and the lack of publicly available information on these lobbying efforts; deplores the serious shortcomings in the EU lobbying transparency rules, which fail to ensure transparency over the scale and the beneficiaries of the lobby activities funded by foreign governments, notably those with a problematic human rights record; calls for the establishment of stringent and legally binding rules as regards the transparency of foreign lobbying activities, and in the interim, urges EU-based consultancy and public relations groups to refrain from working on behalf of such governments;

 

17. Instructs its President to forward this resolution to the Government and Parliament of the United Arab Emirates, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the Commission, the EU Special Representative for Human Rights, the parliaments and governments of the Member States, the United Nations High Commissioner for Human Rights and the governments of the Member States of the Gulf Cooperation Council;