Case No Country Mandate(s) Summary of the allegation transmitted ARE 8/2011 25/11/2011 United Arab JUA Emirates Arbitrary detention; Freedom of expression; Independence of judges and lawyers; Alleged prosecution for the expression of criticism about a government policy. Trial before a State security court, which allows a series of restrictions on procedural safeguards for the defendants and their lawyers, and deprive defendants of the right of appeal. Procedural flaws in the trial. The communication concerns the trial of Messrs. Ahmed Mansoor, Nasser bin Ghaith, Fahad Salim Dalk, Hassan Ali al-Khamis, and Ahmed Abdul Khaleq. The five activists were the subjects of an earlier communication dated 27 September 2011 (see above, case no ARE 6/2011). Messrs. Ahmed Mansoor and Nasser bin Ghaith were also the subjects of another earlier communication, dated 26 April 2011 (A/HRC/18/51, case ARE/4/2011, page 94). All five activists in this case are charged with violating Articles 176 and 8 of the United Arab Emirates‟ (UAE) Penal Code for statements made on the UAE Hewar website – an online political discussion forum – that allegedly publicly insulted the President, vice-President and ruler of Dubai, as well as the crown Prince. The case is being prosecuted as a State security case subject to State security criminal procedure, which allegedly allows restrictions on procedural safeguards normally afforded to criminal defendants and requires that defendants be tried before the Federal Supreme Court as the court of first and only instance. Continuing and additional due process violations in the on-going trial of the five activists, include obstacles for the defendants‟ lawyers to properly and effectively carry out their defence, lack of respect of the necessary fair trial guarantees, including the principle of equality of arms, and lack of independence and the necessary impartiality of the Court trying them due to its composition and impermanent character. MMR 4/2011 28/11/2011 Myanmar JUA Arbitrary detention; Freedom of expression; Health; Human rights defenders; Myanmar; Torture; Alleged assault of a prisoner by prison guards. According to information received Mr. Shin Gambira was assaulted during his transfer to Kalay Prison. He has previously been assaulted repeatedly by prison guards at Khandi Prison. It has been furthermore reported that these assaults have left Mr. Shin Gambira suffering from head and back injuries. These injuries have resulted in Mr. Shin Gambira suffering from frequent fits of pain. In relation to Mr. Shin Gambira‟s detention at Kalay Prison concerns are expressed that the distance from his family‟s home town limits the access his family have to him. Reportedly, Mr Shin Gambira has also been targeted for his role as co-founder of the Al Burma Monk‟s Alliance. Moreover, he is not allowed to wear his monk‟s robe and has to wear white prison clothes. Mr. Shin Gambira has been the subject of previous communications sent on 21 November 2007, A/HRC/7/10/Add.1, paras. 186-189, and 28 February 2008, A/HRC/10/8/Add.1, paras. 150-157. Reply A/HRC/19/44 146 Date Type