UPDATE ON ABU DHABI GAY ARREST CASE

UNCLAS ABU DHABI 000421 SIPDIS SENSITIVE STATE FOR DRL, NEA/PPD AND NEA/ARPI E.O. 12958: N/A TAGS: PHUM KCRM AE SUBJECT: UPDATE ON ABU DHABI GAY ARREST CASE REF: (A) 05 ABU DHABI 5153, (B) 05 ABU DHABI 4951, (C) 05 ABU DHABI 4881 ¶1. (U) SUMMARY: HALF OF THE 26 MEN WHO WERE ARRESTED BY ABU DHABI POLICE DURING AN ALLEGED GAY WEDDING NOVEMBER 23, 2005, HAVE BEEN RELEASED WHILE THE OTHER HALF HAVE BEEN CONVICTED AND SENTENCED, ACCORDING TO THE PRESS AND THEIR DEFENSE ATTORNEY. THIS LATEST INFORMATION CONTRADICTS INFORMATION FROM AN ABU DHABI POLICE DEPARTMENT SOURCE WHO HAD ASSURED US IN LATE DECEMBER THAT ALL THE MEN HAD BEEN RELEASED AND ALL CHARGES AGAINST THEM HAD BEEN DROPPED. IN REALITY, HALF THE MEN HAD USED PERSONAL CONNECTIONS TO GET THEMSELVES RELEASED, WITH THE OTHER HALF REMAINING IN POLICE CUSTODY. END SUMMARY. ¶2. (SBU) ENGLISH DAILY "KHALEEJ TIMES" PUBLISHED ARTICLES ON THREE CONSECUTIVE DAYS THIS WEEK WITH CONFLICTING UPDATES ABOUT A GAY ARREST CASE. IN ITS FEBRUARY 12 STORY, THE NEWSPAPER REPORTED THAT 11 OF THE 26 MEN WERE SENTENCED TO FIVE YEARS IMPRISONMENT FOR "PRACTICING AND SUPPORTING HOMOSEXUALITY," WITH ANOTHER SENTENCED TO A YEAR IN JAIL FOR OBSCENITY, AND A THIRTEENTH SENTENCED TO SIX MONTHS IN JAIL FOR VIOLATING PUBLIC NORMS. THE PAPER COMMENTED THAT BOTH HOMOSEXUALITY AND CROSS- DRESSING ARE ILLEGAL IN THE UAE. THE DEFENDANTS' LAWYER WAS ABLE TO CONFIRM TO FSN SPECIALIST THE REPORT THAT A TOTAL OF 13 MEN HAD BEEN CONVICTED AND SENTENCED. THE LAWYER ALSO SAID THAT HE APPEALED THE DECISION ON THE GROUNDS THAT THE "ACT" THE MEN WERE CONVICTED OF HAD NOT BEEN COMMITTED IN PUBLIC. THE SENTENCES WERE HANDED DOWN BY THE ABU DHABI COURT OF FIRST INSTANCE. THE MEN ARRESTED WERE BETWEEN THE AGES OF 18 AND 26 AND INCLUDE ONE INDIAN NATIONAL, 22 EMIRATIS, AND THREE FOREIGN NATIONAL FROM OTHER ARAB COUNTRIES. ¶3. (U) "KHALEEJ TIMES," WHICH HAS TAKEN THE LEAD IN REPORTING ON THIS STORY, RAN AN ARTICLE ON FEBRUARY 11 SAYING THAT ALL 26 MEN WERE SENTENCED TO FIVE YEARS IN PRISON. THE FOLLOWING DAY, THE NEWSPAPER CLARIFIED THAT ONLY 13 OF THE MEN HAD BEEN SENTENCED. ON FEBRUARY 13, THE SAME NEWSPAPER REPORTED THAT 12 WERE SENTENCED. THE FEBRUARY 13 ARTICLE ALSO NOTED THAT "LEGAL OBSERVERS IN THE UAE" SAID THEY EXPECTED A "MORE LENIENT SENTENCE WHEN THE CASE GOES TO APPEAL." ¶4. (SBU) CONTRARY TO WHAT THE PRESS HAS PUBLISHED (REFS A-C), THE LAWYER TOLD FSN SPECIALIST THAT THE MEN HAD NOT BEEN ATTENDING A GAY WEDDING PARTY, BUT A GATHERING THAT INCLUDED GAY MEN. ALSO, THE LAWYER CLARIFIED THAT THE 13 MEN WHO WERE RELEASED DID NOT IN FACT FACE TRIAL, BUT INSTEAD USED THEIR PERSONAL CONNECTIONS TO OBTAIN THEIR FREEDOM TWO TO THREE DAYS AFTER THEIR ARREST. SOURCES CITED BY HUMAN RIGHTS WATCH STATED THAT HALF THE MEN WERE RELEASED BECAUSE THEY WERE NOT DIRECTLY INVOLVED IN THE "HOMOSEXUAL PRACTICES" AT THE TIME OF ARREST. AN ABU DHABI POLICE DEPARTMENT SOURCE HAD ASSURED US IN LATE DECEMBER THAT ALL THE MEN HAD BEEN RELEASED AND ALL CHARGES AGAINST THEM HAD BEEN DROPPED (REF A). ¶5. (U) HUMAN RIGHTS WATCH'S JESSICA STERN HAS CONTACTED THE EMBASSY REQUESTING CONFIRMATION OF THE STORY. THE NGO HAS BEEN FOLLOWING THIS CASE SINCE THE STORY BROKE, AND IS APPARENTLY PREPARING A PRESS STATEMENT. WHEN THE CASE FIRST BROKE, THE PRESS REPORTED THAT A MINISTRY OF INTERIOR SPOKESPERSON HAD SAID THAT THE MEN WOULD BE SUBJECTED TO FORCED HORMONE AND PSYCHOLOGICAL TREATMENT. THAT ASSERTION WAS LATER OFFICIALLY DISAVOWED. ¶6. (U) IN AN UNRELATED CASE, "KHALEEJ TIMES" REPORTED ON FEBRUARY 13 THAT THE FEDERAL SUPREME COURT HAD UPHELD THE DECISION OF THE AL-AIN COURT OF APPEALS TO SENTENCE A MAN TO FIVE YEARS IN PRISON AND 35 LASHES FOR HOMOSEXUALITY. IN THIS CASE, THE DEFENDANT (APPARENTLY EMIRATI) WAS SENTENCED TO LASHING AND PRISON, WHILE HIS CO-DEFENDANT WAS SENTENCED TO 35 LASHES AND DEPORTATION TO HIS HOME COUNTRY. THE TWO MEN WERE ARRESTED IN 2005 AFTER BEING CAUGHT HAVING INTERCOURSE IN A "SECLUDED AREA" OUTSIDE OF AL-AIN. ¶7. (SBU) COMMENT: THE SENTENCES HANDED DOWN THIS WEEK BY THE ABU DHABI COURT APPEAR TO BE IN LINE WITH OTHER COURTS, AND SUPPORTED BY THE FEDERAL SUPREME COURT. END COMMENT. OLSIN-WINDECKER