UNITED ARAB EMIRATES AND UNITED STATES OF AMERICA: ARBITRARY DETENTION OF AN AFGHANI POLICE COLONEL

The International League Against Arbitrary Detention urges the Governments of the United Arab Emirates and the United States of America to take all the necessary actions to implement the United Nations Working Group on Arbitrary Detention Opinion No. 68/2024 regarding Mr. B., asking the Governments of the United Arab Emirates and the United States to immediately and unconditionally release Mr. B. and to accord him an enforceable right to compensation and other reparations in accordance with international law.

Read the full WGAD Opinion concerning Mr. B. (United Arab Emirates and United States of America): Opinion No. 68/2024.

ARREST AND DETENTION OF AN AFGHAN NATIONAL

Mr. B., whose name is known to the Working Group, is an Afghan citizen born in 1973. He previously worked with the armed forces of the United States and the United Kingdom for over 10 years.

Mr. B. and his family tried to escape from Afghanistan after receiving threats from Taliban members in August 2021, shortly after the takeover of Kabul by the Taliban. In September 2021, the organization Task Force Argo evacuated Mr. B. and his family from Afghanistan to the United Arab Emirates. The United States nationals who evacuated Mr. B. told him that they would be in Abu Dhabi for 14 days and would then fly to the United States. Upon Mr. B. and his family’s arrival at the Emirates Humanitarian City, where the United Arab Emirates allegedly shares administrative responsibilities with United States nationals and corporate entities, they were told that they could not leave the compound until their flight to the United States. They were not issued any permits to stay on the territory. Mr. B. was denied medical treatment for his diabetes, leading to grave health consequences. Starting in October 2022, he was allowed to go to a store once every three months with a four-person escort.

In or around February 2022, the United States Citizenship and Immigration Services informed Mr. B. that he and his family fell under the Priority 1 category of the United States Refugee Admissions Program. In or around July 2022, the United States Citizenship and Immigration Services interviewed him and his family and reached a preliminary finding of eligibility for the United States Refugee Admissions Program. However, no decision letter was issued, and no timeline was given, nor access to his file on online portals.

Mr. B was finally released in spring 2024 and admitted to the United States of America through the program.

The United Arab Emirates did not respond to the Working Group’s communication regarding Mr. B.’s case. The United States submitted a late reply on 18 April 2024.

DETAINED WITHOUT JUSTIFICATION

After detailing how Mr. B.'s case fell into the Working Group jurisdiction, as his movements were limited, he was under constant camera surveillance, unable to communicate, and had limited access to health care, many elements that indicated a de facto deprivation of liberty under international law.

The source submitted that Mr. B. and his family were informed that the charter flight to the United Arab Emirates would be a short transit on the way to the United States, omitting the fact that Mr. B. would be held at the Emirates Humanitarian City with sparse accommodation conditions and restricted movement. Neither the United Arab Emirates nor the United States provided a legal basis for Mr. B.’s detention. Mr. B. was not provided with documentation to lawfully stay in the United Arab Emirates during the resettlement process, forcing him into irregular migration status for two years and not allowing him to move freely within the United Arab Emirates while maintaining his asylum claim. He was therefore effectively detained while waiting for his asylum claim to be processed. The United Arab Emirates and the United States have not responded to these claims. Given the circumstances, the Working Group found that Mr. B.’s detention violated article 9 of the Universal Declaration of Human Rights and the Covenant.

Thus, Mr. B’s situation was arbitrary under category I for which the United Arab Emirates and the United States are jointly responsible.

DETAINED FOR EXERCISING THE RIGHT TO SEEK ASYLUM AND FREEDOM OF MOVEMENT

The source alleged that the Government of the United States allowed private actors to transport thousands of Afghans to the Emirates Humanitarian City, as well as that Mr. B.’s detention stems solely from his attempt to seek asylum in the United States. According to the source, immigration processing was deeply flawed and non-transparent, preventing legal counsel from seeking legal relief to secure Mr. B.’s release. The Working Group reaffirmed that the present policies in the United Arab Emirates and the United States breach the right to seek asylum under international law. Mr. B.’s detention was a result of him exercising his right to seek asylum and freedom of movement protected under articles 13 and 14 (1) of the Universal Declaration of Human Rights, rendering his detention arbitrary.

Therefore, the Working Group classified Mr. B’s situation as arbitrary under category II. The United Arab Emirates and the United States have been attributed joint responsibility under this category.

DETAINED SOLELY ON THE BASIS OF ASYLUM-SEEKER STATUS

According to the source, Mr. B. was a refugee held in prolonged, indefinite administrative custody without access to judicial or administrative review, violating his right to habeas corpus. He was deprived of liberty for two years without access to legal remedies or safeguards against arbitrary detention. Due to the lack of possibilities to challenge the detention, the Working Group found a violation of articles 3, 8, and 9 of the Universal Declaration of Human Rights.

Moreover, the Working Group argued that Mr. B’s prolonged medical neglect could constitute a form of torture and ill-treatment.

Additionally, the source claimed that Mr. B was detained solely based on his status of asylum seeker. However, the Working Group reminded that all migrants must be treated humanely and deprivation of liberty is a last resort measure which cannot be indefinite. Legislation must set a maximum duration of the detention period. Thus, with regard to Mr. B.'s situation, the Working Group found a violation of articles 8 and 9 of the Universal Declaration of Human Rights and article 9 (4) of the Covenant as he was detained due to his migratory status with no possibility to challenge the legality of his detention.

Mr. B.’s detention was found to be arbitrary under category IV, with joint responsibility attributed to the United Arab Emirates and the United States.

CONCLUSIONS OF THE UN WORKING GROUP AGAINST ARBITRARY DETENTION

In light of the foregoing, the United Nations Working Group on Arbitrary Detention considered that the detention of Mr. B. was arbitrary and fell under categories I, II and IV because the deprivation of liberty of Mr. B was in contravention of articles 3, 8, 9, 13 and 14 of the Universal Declaration of Human Rights and article 9 of the International Covenant on Civil and Political Rights.

The Working Group recommended that the Governments of the United Arab Emirates and the United States take the steps necessary to remedy the situation of Mr. B. without delay and bring it into conformity with the relevant international norms. The Working Group considered that, taking into account all circumstances of the case, the appropriate remedy would be for the Governments of the United Arab Emirates and the United States to accord Mr. B. an enforceable right to compensation and reparations, in accordance with international law.

The Working Group also urged the United Arab Emirates to accede to the International Covenant on Civil and Political Rights and the Convention relating to the Status of Refugees and its Protocol.