1.This Act may be cited as the
United Arab Emirates Human Rights
Accountability Act of 2010
.
2.The Congress finds as follows:
(1)Sheikh Issa bin
Zayed al-Nahyan is the brother of United Arab Emirates (hereinafter in this
section referred to as UAE
) president and Abu Dhabi Emir Sheikh
Khalifa bin Zayed al-Nahayan.
(2)On April 22, 2009,
ABC Nightline broadcast a few minutes of videotape documenting the severest
forms of torture and abuse of an Afghan grain dealer, Mohammed Shah Poor,
inflicted by Sheikh Issa assisted by other uniformed individuals acting under
color of authority.
(3)During Mr. Poor’s
ordeal, Sheikh Issa repeatedly insisted that his and his cronies actions be
videotaped, reportedly for his later enjoyment of the extreme suffering of his
victim, who miraculously survived the attack.
(4)Excerpts of this
video have been circulated on YouTube and longer footage was submitted in a
United States civil court in 2009.
(5)Around 2004, the
matter was brought to the attention of the UAE Ministry of Interior, which is
headed by another of Sheikh Issa’s brothers. The Interior Ministry failed to
investigate this matter, and when ABC News brought it again to their attention,
the Ministry replied that the incidents were not part of a pattern of behavior
and that the police had correctly followed procedures.
(6)Human Rights Watch
stated, regarding this incident: The UAE government’s failure to
prosecute those involved in this undisputed incident of torture and abuse at
the hands of a royal family member and the police is an appalling miscarriage
of justice. What’s even more shocking is the government’s insistence that it
investigated and found no violation of UAE laws.
.
(7)Only after an
international outcry regarding the lack of action by UAE law enforcement and
legal authorities and a hearing of the Tom Lantos Human Rights Commission in
the U.S. House of Representatives on Wednesday, May 13, 2009, did Sheikh Issa
finally have to face charges before a UAE court.
(8)On January 10,
2010, the UAE court acquitted Sheikh Issa of the charges of rape, endangering
life and causing bodily harm. According to Sheikh Issa's attorney, the court
accepted their defense that Sheikh Issa had been under the influence of
drugs.
(9)In addition, the
UAE court convicted Bassam and Ghassan Nabulsi, sentenced in absentia to five
years each in prison. Bassam and Ghassan Nabulsi were former business partners
of Sheikh Issa, who had filmed the attack and kept the video tape and
ultimately brought a civil suit in the United States against Sheikh Issa during
which they submitted the film.
3.Visa limitations
on certain members of the royal families of United Arab Emirates
(a)
(1)Except as provided in
paragraph (2), an alien is ineligible to receive a visa to enter the United
States and ineligible to be admitted to the United States who the Secretary of
State determines to be—
(A)a member of the
royal families of the United Arab Emirates; and
(B)an officer or
employee of the government of the United Arab Emirates.
(2)Waiver for
national interestsThe Secretary of State may waive paragraph (1)
in the case of an alien if the Secretary determines that such a waiver would be
in the national interests of the United States. Upon granting such a waiver,
the Secretary of State shall provide notice to the Congress.
(3)The
provisions of this subsection shall cease to be effective on the date that the
Secretary of State transmits to the Congress a statement certifying the
following:
(A)That the Secretary
has determined that the government of the United Arab Emirates has established
an independent entity within that government that has authority to investigate
an individual described in paragraph (1).
(B)That the Secretary has determined that
Sheikh Issa bin Zayed al-Nahyan has been tried, in accordance with what the
Secretary determines to be appropriate international legal norms and human
rights standards, for all offenses described in paragraph (4).
(4)An offense
described in this paragraph is any offense under the law of the United Arab
Emirates—
(A)that was committed
in connection with the assault on Mohammed Shah Poor; and
(B)for which Sheikh
Issa bin Zayed al-Nahyan has not been tried as of the date of enactment of this
Act.
(b)The Secretary of State, in accordance with section 221(i)
of the Immigration and Nationality Act (8 U.S.C. 1201(i)), shall revoke the
nonimmigrant visa or other documentation of any alien who is rendered
ineligible for such visa or documentation under subsection (a).
(c)The terms used in this Act shall have the
meanings given such terms in section 101(a) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)).