UPDATE ON ABU DHABI GAY ARREST CASE

UNCLAS ABU DHABI 000567

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.

SISON