The family of the abducted Libyan national in the United Arab Emirates (UAE), Salim El-Aradi, published a statement about their son’s story on Ean-Libya website.
The statement pointed that El-Aradi’s case represents a clear picture of a man arrested unjustly, to become a victim within hours without committing any offense, and of injustice and abuse in the name of the Emirati law the authorities claim to apply.
“We aim at showing the absence of crime; Salim’s record in Emirates is clear of any act that can be considered as a crime. He is a well-known businessman in Emirates, he operated there for years in accordance with laws. He has a good reputation and it is keen to ensure compliance with all applicable laws”, the family’s statement read.
The statement separated El-Aradi from any political affiliation, ideology, or movements, although freedom of thought is guaranteed in all international laws including the Universal Declaration of Human Rights. His permanent idea is his business, permanent ideology is respecting and abiding by law, and his only organization is the world of finance and business to which he belongs.
Such a clear criminal record confirms El-Aradi’s innocence, says the statement. He isn’t convicted by any of the experimental laws applicable in the UAE, which makes him innocent of any accusation against him in slander. There is a desperate attempt to justify crimes UAE authorities committed and harmed his humanity.
The statement adds that the legal file of El-Aradi voids allegation of UAE’s authorities. The path the UAE’s authorities took with El-Aradi violates a principal the whole world agreed upon; (no crime or punishment except by law).
El-Aradi has been arrested for more than 425 days without trial, which exceeds the maximum extended pre-trial detention in the Code of Criminal Procedure and even in exceptional articles, the statement said. Is it conceivable to imprison a man for over a year for interrogation? This clearly illustrates the invalidity of his incarceration, he must be released immediately.
The statement asserted that the UAE authorities are committing the crime of forced detention, as no person shall be arrested or exiled arbitrarily as stated in the Universal Declaration of Human Rights. Additionally, it isn’t permissible to detain a person unless found guilty according to law. No body also can be arrested, searched, or detained except in the conditions set forth in the law concerning the period and the place.
The law prohibits harming the defendant physically or morally, it is also prohibited to expose any person to torture or degrading treatment, as prescribed by the UAE Constitution in articles No. 26 and No. 28. All these articles and laws have not been respected in the case of the victim Salim El-Aradi, as he has been detained for 13 months without being referred to a fair trial, a right that is preserved in the Emirati constitution, laws, and all local and international laws, the statement read.
El-Aradi was abducted, his office and house was searched without legal permission, and was detained in secret and undisclosed location, and it is not among the institutions of justice approved places in the UAE, which may make this action a crime of kidnapping and forced absence.
The statement asserts that documented evidence proves that El-Aradi was tortured physically and psychologically in more than 30 ways. The statement suggests also that he was forced to sign a fabricated series of events to justify all crimes done to him, so any confession is void since it was taken under torture. Emirati authorities should put those to responsibility and compensate El-Aradi for the time he spent detained and release him immediately.
The statement calls for providing the guarantees for a fair trial; the Emirati authorities should enable an attorney to attend the interrogation otherwise how can we guarantee a fair trial if it doesn’t happen.
One of the guarantees is that a detainee knowing clearly the crime he is arrested for, in addition to enabling him to defend himself. The Criminal Procedure Law stipulates that a member of the public prosecutor should attend the defendant’s first interrogation session and write down information that proves his character, inform him of the charge against him and write down what he may want to say, which didn’t happen with El-Aradi. He was a subject to torture throughout this period without knowing the charge against him, this is possibly due to the inability of the UAE authorities to find a charge can be attributed to an innocent person. Months have passed successively without El-Aradi being transferred to fair public trial. He was under unfair investigation with no justification throughout the past.
The statement shows that the authorities keep postponing the trial since it knows he is innocent. It won’t transfer him to trial unless it finds an alleged story to stick him to, and also it fears marks of physical torture may void any story it claims.
The statement concluded that a neutral forensic doctor must check El-Aradi to prove torture that is still visible on his lean body. That is a guarantee by the UAE authorities hit the wall with hoping to hide its crime. But witness to all. We remind of that he is innocent and document torture he went under and for releasing him or referring him to fair public trial in front of authentic unexceptional judiciary with internationally recognized charge and enable him to assign a lawyer to defend him.