FSC: Life imprisonment for defendants in ‘Justice, Dignity Org.’

Attorney General, Chancellor Dr. Hamad Saif Al Shamsi, had partially appealed the appellate court's ruling that dismissed the criminal case against the defendants for collaborating with the "Terrorist Justice and Dignity Organisation" and financing the "Al-Islah Terrorist Organisation," citing their prior trial in Case No. 79 of 2012 - State Security. The Attorney General argued that the ruling was legally flawed in its application of the law, and should therefore be overturned. He emphasised that the court should have applied the penalties prescribed for the more serious offences of financing and collaborating with a terrorist organisation, while accounting for any portion of the sentence already served under the previous ruling. The court’s decision to dismiss the criminal case for these two offenses based on a final ruling issued in Case No. 79 of 2012 - State Security Crimes - was misplaced. The prior judgement only convicted the defendants of a single crime, namely the establishment and management of the "Al-Islah Organisation" as stipulated in Article 180/1 of the Penal Code, and did not address the separate crimes of financing a terrorist organisation and collaborating with it, both of which are stipulated in Federal Law No. 1 of 2004 on Combating Terrorist Crimes, and carry independent and more severe penalties.

The Federal Supreme Court reviewed the Attorney General’s appeal, and in its session yesterday, ruled to partially overturn the judgment and reconvict 24 defendants, sentencing them to life imprisonment. The court based its decision on the clear legal distinction between the incidents in the two cases, which invalidates any claim that they share the same cause or subject matter. Each incident constitutes an independent criminal act subject to its own punishment under the law.

Accordingly, the previous ruling in Case No. 79 of 2012 - State Security Crimes - does not carry legal weight that would prevent the prosecution of the defendants for the charges of financing and collaboration in the present case. Since the challenged judgment overlooked this principle and dismissed the criminal case based on the prior ruling- despite the difference in cause and subject matter- the judgment erred in its application of the law. This necessitated the partial overturning of these specific charges, limited to the defendants named in the Attorney General’s appeal.

It is worth noting that the State Security Chamber of the Abu Dhabi Federal Court of Appeal had previously convicted, in Case No. 87 of 2023, known publicly as the "Terrorist Justice and Dignity Organisation" case, 53 defendants who were leaders and members of the terrorist Muslim Brotherhood organisation, in addition to 6 companies. Sentences ranged from life and temporary imprisonment to fines totaling 20 million dirhams, while one defendant was acquitted.

Following yesterday’s ruling by the State Security Chamber of the Federal Supreme Court, the total number of convicted individuals in this case has risen to 83 out of 84 referred to trial.