UAE | Crime
Lawyers claim terror suspect was coerced into confessing
Defence team also questions UAE's jurisdiction in trial of Hamdan.
- By Samir Salama, Associate Editor
- Published: 23:04 September 14, 2009
Abu Dhabi: The defence lawyers of a man on trial for alleged links to a group backed by Al Qaida in Iraq claimed in an Abu Dhabi court yesterday all evidence against him is relying on his testimony "which he had given under duress".
Attorney Abdul Qader Al Haithami told the Federal Supreme Court that "Naji Hamdan, an American Lebanese, who faces terrorism-related charges in the UAE, gave his confessions because he had been tortured and threatened by the State Security agents that he would be re-questioned by them if he changed his testimony before the court."
"Torture and threats made him [Hamdan] say what they [security agents] wanted to hear," Al Haithami claimed.
The defence lawyers asked how a man accused of terrorism could leave no evidence whatsoever.
The attorney also questioned the counts of terrorism against Hamdan.
"Hamdan was accused of paying $2,000 [Dh7,340] to finance a terrorism organisation's launching of two rockets against Israel. How can a major clandestine organisation be in need of this meagre amount?"
The State Security Public Prosecutor said last month Hamdan "had direct links to Ansar Al Sunnah through electronic communication with Al Qaida members". Al Sunnah is a Sunni insurgent faction associated with Al Qaida in Iraq.
Hamdan, 43, attended the hearing along with members of his family and observers from the US embassy in Abu Dhabi.
The Federal Supreme Court yesterday held the fourth hearing in the trial of Hamdan in an open session in which the defence lawyers presented their case.
Hamdan is accused by the State Security Public Prosecution of promoting terrorism, participating in the work of a terrorist organisation and funding a terrorist organisation. None of the alleged crimes, believed to be connected to the violence in Iraq, took place in the UAE. October 12 has been set for pronouncing of a verdict.
Dr Fahd Al Sabhan, another defence lawyer, said, regarding a website Hamdan visited: "Just because someone visited a website does not make him a terrorist. All kinds of people visit websites."
The defence lawyers told the chief justice that if he read the documents carefully he would find no proof of Hamdan carrying out any act of terrorism. They asked that Hamdan be cleared of the charges.
Hamdan has been in custody since last August and was brought to trial at the Federal Supreme Court, which tries all matters of state security.
He pleaded not guilty to all charges at an initial open hearing in June despite having signed a confession.
The defence lawyers also questioned the jurisdiction of the court because the defendant committed no crime in the UAE.
In June, the initial judge in the case, Justice Khalifa Al Muhairi, questioned Hamdan's confession, which Hamdan said was signed under duress.
The American Civil Liberties Union (ACLU) accused the US of requesting Hamdan's arrest, detention and prosecution in the UAE because there was not enough evidence to convict him under US law.
James Robertson, a US District Judge, had ruled that he did not have the authority to interfere in the foreign criminal prosecution of Hamdan.
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