Shia Pakistanis facing forced disappearance in UAE, reports

Shiite News: Pakistani Shias stayed in UAE are being subject to prejudice of biased security agencies. While rising a voice on this important matter “Human Rights Watch” issued a report under the title of “UAE: Arbitrary targeting of Shia Pakistani Residents” on it official website. In the said report HRW highlighted issues of enforced disappearances, incommunicado detentions, groundless deportations of expat Shias from Pakistan in Emirates and expressed its deep concern on this situation.

According to said report, “United Arab Emirates (UAE) authorities have forcibly disappeared at least four Pakistani men since October 2020 and deported at least six others without explanation, apparently based solely on their religious background. Later on, UAE authorities released and immediately deported the six in October and November 2020 after also subjecting them to enforced disappearance and incommunicado detention for between three weeks and five months”

Report further said that All 10 men are Shia Muslim residents of the UAE and most have lived and worked in the country for many years as managers, sales staff, CEOs of small businesses, as well as laborers and drivers. One man had lived and worked there for over 40 years; another had been born and raised in the UAE. The authorities did not bring charges against any of the six men released from detention, yet summarily deported them without giving them any opportunity to challenge their deportations.

HRW also revealed that Article 47 of the UAE’s criminal law of procedure states that detainees should be taken before the public prosecutor within 2 days, while the UAE’s 2003 State Security Apparatus Law, however, gives state security officers wide powers to hold detainees for lengthy periods without any judicial scrutiny.

According to Article 28 of the state security apparatus law, read in conjunction with article 14, allows the head of the state security apparatus to detain a person for 106 days “if he has sufficient reasonable causes to make him believe” that the person is involved in, among other things, “activities that undermine the state … or jeopardize national unity,” “activities deemed harmful to the economy,” or anything that “could undermine, weaken the position of, stir animosity against or undermine trust in the State.”

The state security apparatus law inherently violates article 14(5) of the Arab Charter on Human Rights, which states that “anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release.” The UAE signed the Arab Charter in 2006.

The law also places people at heightened risk of enforced disappearance.

The nexus between torture and enforced disappearance is well established in international law. Article 5 of the 2006 International Convention on the Protection of All Persons Against Enforced Disappearances states that: “The widespread or systematic practice of enforced disappearance constitutes a crime against humanity as defined in applicable international law and shall attract the consequences provided for under such applicable international law.” The UAE has yet to sign or ratify the convention.

Expressing concern on such brutality, Deputy Middle East director at Human Rights Watch, Michael Page said that “UAE state security forces have a long record of enforced disappearances with total impunity, leaving detainees and their family members frightened, confused, and hopeless.” said Michael Page, deputy Middle East director at Human Rights Watch. “The behavior of unaccountable UAE authorities is an open mockery of the rule of law and leaves no one safe from serious abuses.”

Report also quoted a story, in which Human Rights Watch also viewed a document compiled by family members of detainees listing 27 Pakistani citizens from the town of Parachinar, who were arrested in the UAE in September or October. A member of the Pakistani parliament said that he believes the list is accurate and that he personally met with each of the families.

The family members said that they learned about the forcible disappearance of their loved ones in various ways. Armed state security agents dressed in black military attire arrested two of the men at their homes in midnight raids with their family members present. One man was arrested at his office, and co-workers who were present later told his family members that Emirati men came and took him away without explanation.