UAE PENAL CODE AMENDED TO REFLECT SECURITY CONCERNS

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.

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Article 21 ) Trafficking, Terrorism, & Money Laundering
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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.)

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Article 180 ) Civil Rights
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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.

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Articles 224 and 237 ) Bribery
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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.

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Ratification
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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