Keep Us Strong WikiLeaks logo

Currently released so far... 251287 / 251,287

Articles

Browse latest releases

Browse by creation date

Browse by origin

A B C D F G H I J K L M N O P Q R S T U V W Y Z

Browse by tag

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

Browse by classification

Community resources

courage is contagious

Viewing cable 05ABUDHABI5241, UAE PENAL CODE AMENDED TO REFLECT SECURITY CONCERNS

If you are new to these pages, please read an introduction on the structure of a cable as well as how to discuss them with others. See also the FAQs
Reference ID Created Released Classification Origin
05ABUDHABI5241 2005-12-28 14:02 2011-08-30 01:44 CONFIDENTIAL Embassy Abu Dhabi
null
Diana T Fritz  08/27/2006 04:55:07 PM  From  DB/Inbox:  Search Results

Cable 
Text:                                                                      
                                                                           
      
C O N F I D E N T I A L        ABU DHABI 05241

SIPDIS
CXABU:
    ACTION: POL
    INFO:   LEGAT ICE MEPI P/M ECON RSO AMB DCM

DISSEMINATION: POL
CHARGE: PROG

APPROVED: CDA:MQUINN
DRAFTED: POL:BTHOMSON,ECON: A
CLEARED: NONE

VZCZCADI169
PP RUEHC RUEHDE
DE RUEHAD #5241/01 3621402
ZNY CCCCC ZZH
P 281402Z DEC 05
FM AMEMBASSY ABU DHABI
TO RUEHC/SECSTATE WASHDC PRIORITY 2972
INFO RUEHDE/AMCONSUL DUBAI 5668
C O N F I D E N T I A L SECTION 01 OF 02 ABU DHABI 005241 
 
SIPDIS 
 
E.O. 12958: DECL: 12/28/2015 
TAGS: PREL PGOV KTFN AE
SUBJECT: UAE PENAL CODE AMENDED TO REFLECT SECURITY CONCERNS 
 
REF: A. ABU DHABI 4468 
     B. ABU DHABI 5171 
 
Classified By: CDA MARTIN QUINN, FOR REASONS 1.4 (B) & (D). 
 
1. (C) Summary: On December 24, the Emirates News Agency, the 
Ministry of Information's official website, announced that 
President Sheikh Khalifa bin Zayed al Nahyan had issued 
Federal Law No. 34 for 2005 amending a range of Articles in 
the Federal Penal Code.  The Khaleej Times quotes Mohammed 
bin Nakhira al Dhahiri, Minister of Justice, Islamic Affairs 
and Endowments as saying that the law involves amending 
articles that relate to the punishment of "those harming 
state security."  Of particular interest are amendments to 
Articles 21, 180, 224, and 237 which address the 
criminalization of money laundering, trafficking in persons, 
jeopardizing national unity or social peace, and bribery of 
officials.  The new law apparently did not go through the 
normal ratification process beginning with consultation with 
the Federal National Council (FNC), which is not yet in 
session, but was issued by the President and ratified by the 
Supreme Council in the FNC's absence.  End Summary. 
 
-------------------------------------------- 
Article 21 ) Trafficking, Terrorism, & Money Laundering 
-------------------------------------------- 
2. (C)  Article 21 (as amended) states that the Penal code 
applies to anyone present in the UAE after committing a crime 
outside the UAE for piracy, trafficking in either drugs or 
persons, international terrorism, or money laundering.  While 
existing law broadly deals with these issues, it is important 
to note that the new law grants clear authority to arrest and 
prosecute persons committing any of the above-mentioned 
crimes outside the UAE once they are present in the UAE. 
(Comment: In recent months, Central Bank officials have told 
Washington and Embassy officials that UAE law did not allow 
the Central Bank to investigate account transactions, unless 
there was evidence that UAE financial institutions or account 
holders broke UAE law (refs A and B).  Embassy will continue 
to engage the Central Bank to see if it interprets the 
amended Penal Code to allow investigations based on illegal 
activity abroad.) 
 
-------------------------- 
Article 180 ) Civil Rights 
-------------------------- 
4. (C) Amendments to Article 180 provide for imprisonment of 
any person who sets up a society, organization or group with 
the intention of overthrowing the government, obstructing the 
constitution or laws, undermining the pillars of government, 
or jeopardizing national unity or social peace.  While the 
intention may be to close loopholes regarding terrorists and 
extremist organizations, several lawyers and social activists 
have expressed concern about the "overly broad language." 
According to UAE activist Mohammed al Roken, a recent 
president of the Jurists Association and moderate Islamist 
who has filed for recognition of an independent human rights 
NGO, the new law could be used to silence any group, civil 
association, or organization that criticizes the government 
or which calls for social change. 
 
5. (C) Sharla Musabih (a UAE citizen but AmCit by birth), who 
runs an unlicensed NGO, the City of Hope, told PolOff that 
the greatest fear that she has is not the Federal 
Government's intent with this law, but the potential for 
abuse by local police and prosecutors.  She added that while 
courts may eventually throw out cases found un-related to 
State security, the chilling effect on civil society may be 
the same.  Others agreed that the language of the law very 
likely does not represent a government crackdown on civil 
society, and suggested that it may simply be wording borrowed 
from the Egyptian legal system that the drafters were 
familiar with.  Punishment for organizing an offending 
organization is imprisonment up to 15 years, and up to 10 
years for joining or supporting such a group. 
 
------------------------------ 
Articles 224 and 237 ) Bribery 
------------------------------ 
6. (C) Article 224 (as amended) stipulates that a public 
servant convicted of embezzlement shall be subject to 
imprisonment for a minimum of five years if the crime is 
connected to counterfeiting.  Article 237 imposes a minimum 
term of one-year for accepting a bribe, while anyone 
convicted of attempting to bribe a public servant may be 
imprisoned for up to five years. 
 
------------ 
Ratification 
------------ 
7. (C) The new law was issued by the President and ratified 
by the Supreme Council although the Federal National Council 
(FNC) is not in session.  Three lawyers who follow the FNC, 
told PolOff that they were not aware of these specific 
amendments being discussed in last year's session.  It was 
explained that although the FNC is strictly a consultative 
body, they normally are involved in the passage of new laws, 
but not always.  In this instance the FNC will be notified of 
the penal code amendments that were enacted in its absence. 
8. (C) Comment: The available text is both incomplete and 
unclear in several respects.  The new law will not be 
published in the official gazette until sometime in January. 
No Central Bank or Ministry of Justice officials were 
available or prepared to comment on the amendments to the 
Penal Code.  The Embassy will follow up with the Central Bank 
and the Ministry of Justice to clarify the questions raised. 
End Comment. 
QUINN