Apex court chief seeks constitutional amendment
Ruling expected today in case against bloggers
Abu Dhabi: The chief of the Federal Supreme Court, the highest court in the country, has called for a constitutional amendment regarding its mandate to look into state security-related offences.
"A constitutional amendment should be introduced to the constitutional article which mandates the Federal Supreme Court to look into state security-related crimes," Dr Abdul Wahab Al Abdul told Gulf News.
Asked what he thinks of legal experts' argument that final rulings of the Federal Supreme Court in state security-related crimes deprives defendants of the right to appeal, Dr Al Abdul said the court is mandated by the UAE constitution to hear such offences. The constitution also states rulings are final and binding.
"But I think the constitutional article regarding the mandate of the court to tackle state security-related crimes should be reconsidered," he said. "It needs to be amended."
Dr Al Abdul was speaking as the trial of five bloggers charged with attempting to undermine public order and opposing the government system reaches a conclusion. A ruling is due today.
The Federal Supreme Court derives its authority from the 1971 constitution. It is mandated to challenge rulings that do not adhere to the constitution and offences that pose threats to state security, including terrorism and forgery.
‘Unconstitutional'
Lawyers representing the bloggers challenged as "unconstitutional" Article 34 of the law on the Federal Supreme Court that prohibits disqualifying judges of the court for any reason.
The suspects — Ahmad Mansour Ali Abdullah Al Abd Al Shehi, Nasser Ahmad Khalfan Bin Gaith Al Merri, Fahd Salem Mohammad Salem Dalk, and Hassan Ali Hassan Al Khamis, all Emiratis, and Ahmad Abdul Khaleq Ahmad, who does not carry identification papers — are charged with instigating members of the public against the government, breaking laws and perpetrating acts that pose a threat to the state security, undermining public order, opposing the government and calling for the boycotting of the elections of the Federal National Council (FNC).
Not public
The five men charged under Article 176 for using the online political forum UAE Hewar, failed for the third time to appear at the hearing last month in protest against what they claim is a denial of their basic rights.
Dr Mohammad Al Rokn, lawyer for the defendants, said any derogatory remarks posted on the forum had never been public because the website had been blocked since February 2010.
The law states that insults must be public for a crime to have been committed.
