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The worst cheating scandal of Abu Dhabi, United Arab Emirates (UAE)

Photograph: The Judgment Debtor, the Late Sheikh Zayed bin Sultan Al Nahyan, Former UAE President and Ruler of Abu Dhabi Emirate

The Judgment Debtor, the Late Sheikh Zayed bin Sultan Al Nahyan, Former UAE President and Ruler of Abu Dhabi

The worst cheating scandal of Abu Dhabi, United Arab Emirates (UAE)
August 01, 2014 Reparation Law News, New Delhi

The Judgment Debtor, the Late Sheikh Zayed bin Sultan Al Nahyan, Former UAE President and Ruler of Abu Dhabi Emirate

[The title, the ‘judgment debtor’ is reserved to describe the person who owes the judgment creditor the amount (damages) stated in the criminal judgments and has not paid the debt. In common law in the UAE, the debtors will be jailed until they have paid their debt.]

The ‘Judgment Creditor’ was entitled to execution of the Judgments and levies the Police Department of Abu Dhabi, worth hundreds of million US Dollars as compensation to restore his life, his dignity and his business establishments.

The debtor in the ‘UAE Court Judgments’, is the State of UAE whose Ruler at the time was none other than the late Sheikh Zayed himself, the Emir of Abu Dhabi and absolute Ruler of the United Arab Emirates (UAE). It may be recalled that the Emir was blamed of having been instrumental in defrauding or cheating the Judgment Creditor to avoid honoring his moral obligations and assigned responsibilities.

The Judgment Creditor is an Indian businessman and investor, who was deprived of his valuable rights guaranteed by FOUR successive Judgments (1 Civil & 3 Criminal Court Judgments) from the Legal Courts of Abu Dhabi, United Arab Emirates (UAE); and TWO consecutive Judgments from the High Court of Delhi, after approaching the Supreme Court of India in October, 1996.

The businessman was victimized by the officials of Abu Dhabi, UAE, and the subject matter of his grave complaints were adjudicated by the Courts in Abu Dhabi and Delhi which concurrently found the multiple forms of crime taking place under the wings of the ‘Ministry of Interior United Arab Emirates (UAE)’, such as fraud, forgery, extortion, torture and many other offences.

Both the Courts in Abu Dhabi, the Court of First Instance and the Apex Court were fully satisfied with the highest standard of proof, beyond any doubt that the Police was guilty. The Court observed that all the pieces of evidence indicated the proper behavior of the victim and held that he is innocent; rather ‘a martyr’. The Apex Court comprised of three Judges passed a ‘Landmark Judgment’ in the history of UAE.

The head of the State have a ‘constitutional duty’ to faithfully execute the judicial orders of the country. Any civilized Government is bound to implement the verdict of the judiciary, as that is the basic requirement of the Rule of Law. ‘Laws governing the international community’ do require compliance by the Executive Government, in full measure, with the verdict of the judiciary. This requirement of law was breached by the UAE Government. Instead of enforcing the judgments, the Judgment Creditor was expelled from the country by an arbitrary administrative action, resulting in total destruction of his life, his businesses and his profession.

The administrative action of the UAE was totally illegal and arbitrary, as the Executive cannot override or overrule a decision of the very Courts of the country that ruled reparation to a victim; defrauding the judgment creditor is a personal and vindictive action; it is unofficial and illegal. The UAE Government owes huge debts to the creditor, solely and exclusively responsible for the closure of “his various ‘business establishments’ in Abu Dhabi, United Arab Emirates”.

The ‘legal fight for justice’ took in very many proceedings before the Supreme Court of India and the High Court of Delhi. Despite the directive of the Delhi High Court, the Government of India has not discharged its duties as indicated in the judicial order.

The enforcement of UAE judgment that was delayed and denied for a long period of nearly two decades has to be satisfied without any further delay so that the ‘Judgment Debtor(s)’ could avoid unpleasant consequences that will follow. The creditor holds full power of the Foreign Courts as well as the Domestic Courts to support his claim and to take debtor’s property (lien) in the UAE, where the judgment is recorded, if the obligation is not discharged.

The recent decision of the London High Court on ‘Harb v HRH Prince Abdul Aziz Bin Fahd Bin Abdul Aziz, Saudi Arabia has marked a turning point in the doctrine of ‘State Immunity’ of Foreign States. The landmark decision of Royal Courts of Justice, reaffirm the Rights of Judgment Creditor to pursue his enforcement efforts against the UAE debtors!

The lawyers for Prince Abdul Aziz, the king’s son, argued he had “state immunity” and the court had no jurisdiction to try the claim of Mrs Harb, who was the “secret” Christian wife of the late King of Saudi Arabia. But the learned Judge of the London High Court, Mrs Justice Rose threw out the prince’s argument, opening the way for a full hearing of the case which risks embarrassing the House of Saud.

Some important points of the judicial decision includes (a) the ‘personal immunity ceases when a head of state is no longer, for whatever reason, in office’ ; (b) the ‘head of a state enjoy immunity only in respect of their official acts whilst in office’ ; (c) a ‘successor regime is obliged to compensate the victim of state wrongs’. The Court also relied on Article 39 of the Vienna Convention on Diplomatic Relations 1961. Under this provision, immunity ratione personae, personal immunity, for an ambassador lasts only while he or she is in office. ['London High Court on 'Harb v HRH Prince Abdul Aziz Bin Fahd Bin Abdul Aziz, Rose J, [2014] EWHC 1807 (Ch),09/06/2014′].

The Government of India is duty bound to safeguard the interests of its citizen who was victimized by Abu Dhabi, UAE, the receiving state. But even after the lapse of nearly two decades, the Government of India has totally failed to help, implement judicial orders of the UAE and of Delhi High Court. These actions and omissions on the part of the Government is contrary to the ‘Vienna Convention on Consular Relations (VCCR) 1963’ particularly Article 5, enforced from 19-3-1967. A recent judgment of the Supreme Court which casts liability on a Government for the delay in the disposal of the complaints of a citizen, even when the delay is at the instance of a Legal authority or Tribunal.

Endnotes:

We intend to give wide coverage to the issue in public interest; to protect innocent people, of being exposed to the kinds of brutal, inhuman tortures (mental, physical and economic) and to safeguard the interests of UAE Judgment Creditors in future.

The campaign includes ‘Selling the UAE Judgments’ and ‘Selling the Film Rights’, the rights to produce both a book and a movie based on the facts of ‘Unexecuted UAE Judgments’.

Reference Links:

Reminder Notice to the Government of India
It is fervently hoped that the new Government will duly consider taking the necessary steps to execute the judgments through all means, including the International Court of Justice (ICJ), the principal judicial body of the United Nations (UN), on behalf of the judgment creditor. …

Reminder Notice: The Ministry of External Affairs, New Delhi – July 16, 2014
India’s ‘National Shame’: ‘The MEA & MOIA’
Documents Archive: Jabir Case

Features on ‘Human Rights in the UAE’

Resource Links:

UAE Judgments For Sale! – What does it mean?

’Judgment for sale’ is a campaign, primarily organized by voluntary member contributions. It’s a value added, investment campaign, aimed to expose the debtors who hide Judicial decisions, commit fraud or other heinous acts to avoid honoring their obligations. As a lawful owner of a legal Judgment, the winner has every right to offer his un-executed Judgments for sale or to make efforts to legally enforce and recover his assets and the inherent rights of individuals to dignity. (‘Read more at FAQ’)

Court Judgments are not worthless piece of papers!

When an issue arises, the aggrieved party files a suit, conduct the same through able counsel, present relevant documents and witnesses before the court and the case is heard at length. It is after a lengthy legal procedures that the Hon’ble Judges pronounce the judgment, giving due weight to every aspect of the case. The aggrieved party is greatly relieved on getting judgment in his favour. He is full of hope, relief and happy on winning the case. From the day next, he wait for the execution of the judgment and receiving benefits thereof.

Together, let’s end Judgment Fraud in the UAE! (‘How do I become a voluntary contributor?’)

Photograph: Sheikh Zayed bin Sultan Al Nahyan, founder of UAE, the first President, also the Emir of Abu Dhabi’
First Published: ‘CNN iREPORT’

“Be you never so high, the law is above you,” as Dr. Thomas Fuller wrote in 1733

It’s widely accepted principles of law, that an act or omission contrary to international law is “breach of an engagement” that triggers “an obligation to make reparation in an adequate form”. … JFS

 

Posted in Judgment Creditor, Judgment Debtor | Tagged , , , , , , , , , | Comments Off

The Wanton Deployment of Secret Mercenary Armies

The Wanton Deployment of Secret Mercenary Armies

The Wanton Deployment of Secret Mercenary Armies

The Wanton Deployment of Secret Mercenary Armies
Jabir P July 10, 2014 Reparation Law News Service, New Delhi

In Afghanistan and Iraq, the U.S.-led private security contractors have been linked to anti coalition activities, murder, bribery, and kidnapping. This pattern has now been actively introduced into already volatile regions, like East Ukraine and the Middle Eastern nations.

Russia is calling on the United States to take steps to curb involvement of foreign mercenaries in the ongoing military operation in Ukraine. Engaging mercenaries is totally in violation of the rules and regulations contained in the UN Convention of the Recruitment, Use, Financing and Training of Mercenaries.

U.S. mercenaries, formerly known as Blackwater, are reportedly taking part in Ukraine’s military operations against the people fighting for their rights in south-eastern regions of Ukraine.

The U.S. State Department officials say the allegations that there are ‘U.S mercenaries’ operating in Ukraine are false.”

Blackwater is a private military contracting firm founded by former Navy SEAL Erik Prince in 1997. Blackwater mercenaries were made infamous during the invasion of Iraq for their frequent and unprovoked killings of dozens of innocent civilians. It includes the massacre of 17 civilians in Iraq by Blackwater employees, the FBI found. “I put myself and my company at the C.I.A.’s disposal for some very risky missions” says Erik Prince, the former CEO of Blackwater Worldwide.

Late last year, Prince published a book, Civilian Warriors. ‘The Inside Story of Blackwater and the Unsung Heroes of the War on Terror’. Mr. Prince writes that his company has been demonized around the world, because of the secrecy requirements of Blackwater’s contracts with the Pentagon, the State Department, and the CIA, Prince was unable to speak out; he is bound under the terms of his non-disclosure agreement with the U.S. agencies’.

Erik Prince sold his Corporation’s US-based 7,000-acre training facility in Moyock, North Carolina in 2010 to a group of investors close to his family, which is now known as ‘Academi’. Prince retained all rights to the Blackwater name as well as the control of numerous companies that once operated under the umbrella of Blackwater.

Erik Prince is now resettled in Abu Dhabi, the capital of United Arab Emirates with his so-called mercenary army grouped under Reflex Responses, known as R2, alongside the UAE Armed Force, Zayed Military City of Abu Dhabi.

Last year, the Colombia’s defense ministry was alarmed about an exodus of top soldiers to the UAE to join a highly paid American-led mercenary force organized by Erik Prince, for his security company Blackwater (rebranded “Xe”). Prince’s mercenary forces in the UAE, is made up largely of Colombian soldiers, who have acquired this capability and skill through training they have received from the Israeli, US and British experts.

Erik Prince was hired by Sheikh Mohammed bin Zayed, the crown prince of Abu Dhabi, to deliver an 800-strong first test battalion for the UAE. The $529m initial deal between Mr Prince and the Crown Prince is slated to run through May 2015. Sheikh Mohammed bin Zayed Al Nahyan, who is the immediate ruler of the United Arab Emirates.

While the actual assignment given to Mr. Prince, the founder of a controversial security company Blackwater was to silence the pro-democratic activists inside and outside the country, the UAE took a stand that they were brought only to impart training for a Special Security Group.

UAE is a federation of seven Emirates situated on the Arabian Peninsula, is attributed to authoritarian regime and most powerful among them being Emirate of Abu Dhabi, holding 9% of the world’s oil reserves and 5% of the world’s gas reserves. Abu Dhabi is the capital of the United Arab Emirates (UAE).

The late Sheikh Zayed, installed in August 1966 as head of the oil-rich Abu Dhabi, through a British-led coup against his brother, Sheikh Shakhbut (Ruled:1928-66). Zayed was in power until his death in Nov. 2, 2004. Sheikh Khalifa, the eldest son of Sheikh Zayed, succeeded him to the leadership of Abu Dhabi and UAE.

The ruling regime of UAE is notorious for its Human Rights records. It restricts people’s freedom and controls them by arbitrary arrests, torture, enforced disappearances and killings. The regime is continued to suppress the press by imposing tough laws in the Emirates, set up massive funds, men and machinery to crush down all democratic aspirations across the Arab world. This is done out of their fear that the struggles for democracy may, in turn, take over their regime as well. Hundreds of innocents are being killed in the process in neighbouring countries such as Bahrain and Egypt.

According to ‘Global Research Centre’ the force is aimed at suppressing the people’s struggles in the Gulf countries, with interventions similar to those in Bahrain. It was reported that, once the efficiency of the battalion has been tested, Abu Dhabi will fund worth billions of dollars for a whole brigade of several thousand mercenaries. Sheikh Mohammed bin Zayed is a trusted Pentagon associate. He also supports military intervention directed against Iran. The crown prince and his friend Erick Prince, however, are the executors of the project, which was decided in Washington. Its purpose was revealed in documents quoted by the New York Times.

Mercenaries are mostly former military personnel or ex-policemen who kill people just for money. By taking recourse to the formation of a brutal private mercenary army, the Crown Prince of Abu Dhabi has demonstrated his intention to resist civil uprisings with violent repression. Blackwater has been involved since the first days of the occupation in Iraq and had 30 plus casualties including in a high-profile incident in Fallujah. By organizing a private hard-core mercenary army to crush their own people, UAE has violated all norms of Human Rights and undermined the international humanitarian law and the Geneva Conventions.

The 1989 U.N. Convention represents an endeavour by the international community to outlaw mercenarism in all its manifestations and consists of 21 articles. According to Article 5 of the Convention, States Parties shall not recruit, use, finance or train mercenaries for the purpose of opposing the legitimate exercise of the inalienable right of peoples to self-determination, as recognized by international law, and shall take, in conformity with international law, the appropriate measures to prevent the recruitment, use, financing or training of mercenaries for that purpose. (Ref.2)

Threats posed by Mercenaries

“Mercenaries pose a threat not only to security, but also to human rights and potentially to the right of peoples to self-determination,” said Faiza Patel, who chaired the study. The study said mercenaries were used in the past to fight in wars between countries but recently the Governments had used mercenaries against their own populations. It said private military and security companies receive between $20 billion and $100 billion per year. (Ref.3)

Responding to complaints and questionnaire sent by Ms. Faiza Patel, Chair-Rapporteur of the U.N. Working Group, who has been studying the issues of private military and security companies, in regards with the laws regulating the activities of recruits or engaging mercenaries in the country, the UAE replied in a dishonest and fraudulent manner that no mercenary group is working in the UAE as a means of violating human rights. The foreign security companies operating in the UAE are under the supervision of the UAE Ministry of Interior, further that their scope of work is limited to “preventive security protection’. License granted to these security companies do not grant them powers of judicial control and their personnel are prohibited from acquiring or carrying any fire arms in accordance to Article 10, 12 and 16 of Federal Decree 37 of year 2006 concerning private companies and their executive regulations”. (Ref.4)

“Blackwater is the modern version of mercenaries that have been used by corrupt governments and regimes throughout history,” American investigative journalist Alex Jones said during an interview with Press TV’s US Desk. According to Jones, Blackwater, which represents the “21st century death squad,” carries out any mission it is paid to do.

The former employees of Blackwater said that in recruiting the Colombians and others from halfway around the world, subordinates were following his strict rule: hire no Muslims. Muslim soldiers, Mr. Prince warned, could not be counted on to kill fellow Muslims. For him, there is no legal accountability and no internationally accepted criteria as they will operate outside any known jurisdictions and most probably in stealth. Prince’s latest venture in the UAE has the hallmarks of government-sponsored military anarchy.

The executed contract between the Blackwater, American-led mercenaries and the UAE authority is available below for reference. “Copy of Mercenary Contract between the GHQ Armed Forces of the United Arab Emirates (UAE) and the Blackwater, now called Xe Services [Reflex Responses Management Consultancy or R2 ] of Abu Dhabi for June 2010 to May 2015” (The contract is renewable in 2015) (Ref.5)

As against these crude facts and verifiable truth, the denial of the UAE about presence of any mercenary group reflects and reinforces its Human Rights Violations, cruelties and the tendency of cheating its own people, renowned experts, academic institutions and the UN commissions as a whole. This is an alarming and disgraceful situation to every one!

The Luanda Draft Convention again stressed the responsibility of individual states to prevent their nationals from taking part in mercenary activities, as well as those individual persons defined as mercenaries. State responsibility, as such, is conveyed in Article 319 that makes government officials who undertake to employ, aid, or recruit mercenaries liable for criminal prosecution. Thus, failure by a State to carry out the prosecution of officials who had undertaken such activities would, argues Taulbee, ‘create international responsibility on the part of the offending State’. (Ref.6)

Appendage

“Live by the Sword, Die by the Sword’ is an old saying. It means those who take the sword, shall perish by the sword. Read below what others say about:
“Prince could one day turn on his employers, shoot up their palaces, and stand astride their glittering towers as lord of all he surveys. And a South African mercenary with a pencil moustache could run the Emirati justice ministry, conjuring up memories of a regime we assumed was long dead. Stranger things have happened. One hopes, for the al-Nayhan’s sake, they have a good contract in place, and a new New Model Army to counter their New Model Army. Erik Prince might turn out to be their most dangerous high-end acquisition”. DM

About the Author

The author, Mr. Jabir, an Indian businessman and investor, who was closely associated with the Private Department of Shaikh Zayed Bin Sultan Al-Nahyan, the then Emir of Abu Dhabi and also the President of United Arab Emirates. In November, 1996, Jabir became the Whistleblower, taken efforts to improve the regime’s brutal prison conditions by exposing the cruel, inhuman and degrading treatment prevailing in the Emirate of Abu Dhabi, UAE. …More about the Author

Photograph: “Academi Security Services”
First Published: CNN iReport

Research & Reference Links:

UAE’s State-sponsored Terrorism & Funding for Coup in the Middle East

Reports on ‘Human Rights in the UAE’

Promoting Human Rights Values in the Digital Age. Let’s Join

 

Posted in Abu Dhabi, Al Wathba Central Prison, Amnesty International, Arab Spring, Blackwater, boycottuae, Cheating Scandal of UAE, Diplomatic Immunity, Egypt, Egyptian Coup, Egyptian Traitors, Etihad Airways, Extortion Abu Dhabi, Human Rights, Human Trafficking, International Treaty Laws, Legacy of Torture UAE, Mercenary Armies, Middle East, Mubadala, Muslim Brotherhood, Perversion of the Truth, Sarah Leah Whitson, Shaikh Mohammed, Sheikh Khalifa, Sheikh Tahnoun, Sponsor, State-sponsored Terrorism, Syria, Travesty of Constitution, Tunisia, U.S.State Department, UAE, UAE Airstrikes, UAE Funding for Coup in Yemen, UAE Ministry of Interior, UAE Plots, UAE's Reputation, Uncategorized, United Arab Emirates, United Nations, United States, Vienna Conventions, Violation of Sovereignty, Whistleblower, White Paper, Willful Defaulters UAE | Tagged | Comments Off

The Wanton Deployment of Secret Mercenary Armies

The Wanton Deployment of Secret Mercenary Armies

The Wanton Deployment of Secret Mercenary Armies

The Wanton Deployment of Secret Mercenary Armies
Jabir P  July 10, 2014   Reparation Law News Service,  New Delhi

In Afghanistan and Iraq, the U.S.-led private security contractors have been linked to anti coalition activities, murder, bribery, and kidnapping. This pattern has now been actively introduced into already volatile regions, like East Ukraine and the Middle Eastern nations.

Russia is calling on the United States to take steps to curb involvement of foreign mercenaries in the ongoing military operation in Ukraine. Engaging mercenaries is totally in violation of the rules and regulations contained in the UN Convention of the Recruitment, Use, Financing and Training of Mercenaries.

U.S. mercenaries, formerly known as Blackwater, are reportedly taking part in Ukraine’s military operations against the people fighting for their rights in south-eastern regions of Ukraine.

The U.S. State Department officials say the allegations that there are ‘U.S mercenaries’ operating in Ukraine are false.”

Blackwater is a private military contracting firm founded by former Navy SEAL Erik Prince in 1997. Blackwater mercenaries were made infamous during the invasion of Iraq for their frequent and unprovoked killings of dozens of innocent civilians. It includes the massacre of 17 civilians in Iraq by Blackwater employees, the FBI found. “I put myself and my company at the C.I.A.’s disposal for some very risky missions” says Erik Prince, the former CEO of Blackwater Worldwide.

Late last year, Prince published a book, Civilian Warriors. ‘The Inside Story of Blackwater and the Unsung Heroes of the War on Terror’. Mr. Prince writes that his company has been demonized around the world, because of the secrecy requirements of Blackwater’s contracts with the Pentagon, the State Department, and the CIA, Prince was unable to speak out; he is bound under the terms of his non-disclosure agreement with the U.S. agencies’.

Erik Prince sold his Corporation’s US-based 7,000-acre training facility in Moyock, North Carolina in 2010 to a group of investors close to his family, which is now known as ‘Academi’. Prince retained all rights to the Blackwater name as well as the control of numerous companies that once operated under the umbrella of Blackwater.

Erik Prince is now resettled in Abu Dhabi, the capital of United Arab Emirates with his so-called mercenary army grouped under Reflex Responses, known as R2, alongside the UAE Armed Force, Zayed Military City of Abu Dhabi.

Last year, the Colombia’s defense ministry was alarmed about an exodus of top soldiers to the UAE to join a highly paid American-led mercenary force organized by Erik Prince, for his security company Blackwater (rebranded “Xe”). Prince’s mercenary forces in the UAE, is made up largely of Colombian soldiers, who have acquired this capability and skill through training they have received from the Israeli, US and British experts.

Erik Prince was hired by Sheikh Mohammed bin Zayed, the crown prince of Abu Dhabi, to deliver an 800-strong first test battalion for the UAE. The $529m initial deal between Mr Prince and the Crown Prince is slated to run through May 2015. Sheikh Mohammed bin Zayed Al Nahyan, who is the immediate ruler of the United Arab Emirates.

While the actual assignment given to Mr. Prince, the founder of a controversial security company Blackwater was to silence the pro-democratic activists inside and outside the country, the UAE took a stand that they were brought only to impart training for a Special Security Group.

UAE is a federation of seven Emirates situated on the Arabian Peninsula, is attributed to authoritarian regime and most powerful among them being Emirate of Abu Dhabi, holding 9% of the world’s oil reserves and 5% of the world’s gas reserves. Abu Dhabi is the capital of the United Arab Emirates (UAE).

The late Sheikh Zayed, installed in August 1966 as head of the oil-rich Abu Dhabi, through a British-led coup against his brother, Sheikh Shakhbut (Ruled:1928-66). Zayed was in power until his death in Nov. 2, 2004. Sheikh Khalifa, the eldest son of Sheikh Zayed, succeeded him to the leadership of Abu Dhabi and UAE.

The ruling regime of UAE is notorious for its Human Rights records. It restricts people’s freedom and controls them by arbitrary arrests, torture, enforced disappearances and killings. The regime is continued to suppress the press by imposing tough laws in the Emirates, set up massive funds, men and machinery to crush down all democratic aspirations across the Arab world. This is done out of their fear that the struggles for democracy may, in turn, take over their regime as well. Hundreds of innocents are being killed in the process in neighbouring countries such as Bahrain and Egypt.

According to ‘Global Research Centre’ the force is aimed at suppressing the people’s struggles in the Gulf countries, with interventions similar to those in Bahrain. It was reported that, once the efficiency of the battalion has been tested, Abu Dhabi will fund worth billions of dollars for a whole brigade of several thousand mercenaries. Sheikh Mohammed bin Zayed is a trusted Pentagon associate. He also supports military intervention directed against Iran. The crown prince and his friend Erick Prince, however, are the executors of the project, which was decided in Washington. Its purpose was revealed in documents quoted by the New York Times.

Mercenaries are mostly former military personnel or ex-policemen who kill people just for money. By taking recourse to the formation of a brutal private mercenary army, the Crown Prince of Abu Dhabi has demonstrated his intention to resist civil uprisings with violent repression. Blackwater has been involved since the first days of the occupation in Iraq and had 30 plus casualties including in a high-profile incident in Fallujah. By organizing a private hard-core mercenary army to crush their own people, UAE has violated all norms of Human Rights and undermined the international humanitarian law and the Geneva Conventions.

The 1989 U.N. Convention represents an endeavour by the international community to outlaw mercenarism in all its manifestations and consists of 21 articles. According to Article 5 of the Convention, States Parties shall not recruit, use, finance or train mercenaries for the purpose of opposing the legitimate exercise of the inalienable right of peoples to self-determination, as recognized by international law, and shall take, in conformity with international law, the appropriate measures to prevent the recruitment, use, financing or training of mercenaries for that purpose. (Ref.2)

Threats posed by Mercenaries

“Mercenaries pose a threat not only to security, but also to human rights and potentially to the right of peoples to self-determination,” said Faiza Patel, who chaired the study. The study said mercenaries were used in the past to fight in wars between countries but recently the Governments had used mercenaries against their own populations. It said private military and security companies receive between $20 billion and $100 billion per year. (Ref.3)

Responding to complaints and questionnaire sent by Ms. Faiza Patel, Chair-Rapporteur of the U.N. Working Group, who has been studying the issues of private military and security companies, in regards with the laws regulating the activities of recruits or engaging mercenaries in the country, the UAE replied in a dishonest and fraudulent manner that no mercenary group is working in the UAE as a means of violating human rights. The foreign security companies operating in the UAE are under the supervision of the UAE Ministry of Interior, further that their scope of work is limited to “preventive security protection’. License granted to these security companies do not grant them powers of judicial control and their personnel are prohibited from acquiring or carrying any fire arms in accordance to Article 10, 12 and 16 of Federal Decree 37 of year 2006 concerning private companies and their executive regulations”. (Ref.4)

“Blackwater is the modern version of mercenaries that have been used by corrupt governments and regimes throughout history,” American investigative journalist Alex Jones said during an interview with Press TV’s US Desk. According to Jones, Blackwater, which represents the “21st century death squad,” carries out any mission it is paid to do.

The former employees of Blackwater said that in recruiting the Colombians and others from halfway around the world, subordinates were following his strict rule: hire no Muslims. Muslim soldiers, Mr. Prince warned, could not be counted on to kill fellow Muslims. For him, there is no legal accountability and no internationally accepted criteria as they will operate outside any known jurisdictions and most probably in stealth. Prince’s latest venture in the UAE has the hallmarks of government-sponsored military anarchy.

The executed contract between the Blackwater, American-led mercenaries and the UAE authority is available below for reference. “Copy of Mercenary Contract between the GHQ Armed Forces of the United Arab Emirates (UAE) and the Blackwater, now called Xe Services [Reflex Responses Management Consultancy or R2 ] of Abu Dhabi for June 2010 to May 2015” (The contract is renewable in 2015) (Ref.5)

As against these crude facts and verifiable truth, the denial of the UAE about presence of any mercenary group reflects and reinforces its Human Rights Violations, cruelties and the tendency of cheating its own people, renowned experts, academic institutions and the UN commissions as a whole. This is an alarming and disgraceful situation to every one!

The Luanda Draft Convention again stressed the responsibility of individual states to prevent their nationals from taking part in mercenary activities, as well as those individual persons defined as mercenaries. State responsibility, as such, is conveyed in Article 319 that makes government officials who undertake to employ, aid, or recruit mercenaries liable for criminal prosecution. Thus, failure by a State to carry out the prosecution of officials who had undertaken such activities would, argues Taulbee, ‘create international responsibility on the part of the offending State’. (Ref.6)

Appendage

“Live by the Sword, Die by the Sword’ is an old saying. It means those who take the sword, shall perish by the sword. Read below what others say about: “Prince could one day turn on his employers, shoot up their palaces, and stand astride their glittering towers as lord of all he surveys. And a South African mercenary with a pencil moustache could run the Emirati justice ministry, conjuring up memories of a regime we assumed was long dead. Stranger things have happened. One hopes, for the al-Nayhan’s sake, they have a good contract in place, and a new New Model Army to counter their New Model Army. Erik Prince might turn out to be their most dangerous high-end acquisition”. DM

About the Author

The author, Mr. Jabir, an Indian businessman and investor, who was closely associated with the Private Department of Shaikh Zayed Bin Sultan Al-Nahyan, the then Emir of Abu Dhabi and also the President of United Arab Emirates. In November, 1996, Jabir became the Whistleblower, taken efforts to improve the regime’s brutal prison conditions by exposing the cruel, inhuman and degrading treatment prevailing in the Emirate of Abu Dhabi, UAE. …More about the Author

Photograph: “Academi Security Services” First Published: CNN iReport Research & Reference Links:

UAE’s State-sponsored Terrorism & Funding for Coup in the Middle East

Reports on ‘Human Rights in the UAE’

Promoting Human Rights Values in the Digital Age. Let’s Join

 

Posted in Abu Dhabi, Amnesty International, Arab Spring, Blackwater, boycottuae, Egypt, Egyptian Coup, Etihad Airways, Human Rights, Human Trafficking, International Treaty Laws, Legacy of Torture UAE, Mercenary Armies, Middle East, Muslim Brotherhood, P.K.Jabir, Shaikh Mohammed, Sheikh Khalifa, Sponsor, State-sponsored Terrorism, Syria, Travesty of Constitution, U.S.State Department, UAE, UAE Ministry of Interior, UAE Plots, UAE's Reputation, Uncategorized, United Arab Emirates, United Nations, United States, Whistleblower | Tagged , , , , , , , , , , , , | Comments Off

UAE is ranked the world’s fifteenth biggest military spender

UAE's military occupation in Bahrain to help  suppress a popular revolt

UAE’s military
occupation in Bahrain to help suppress a popular revolt

UAE is ranked the world’s fifteenth biggest military spender
April 14, 2014 Press Release, Stockholm, Sweden

UAE is ranked to fifteenth place with $19 billion in the list of SIPRI Military Expenditure Database 2014.

Middle Eastern nations increased their military expenditure by billions of dollars last year, Saudi Arabia, the largest spender in the region, increased

spending by 14 per cent to a total of $67.0 billion in 2013. The United Arab Emirates (UAE) is ranked to fifteenth place with $19 billion. The comprehensive annual update of the SIPRI Military Expenditure Database is accessible from today at www.sipri.org.

According to the SIPRI (Stockholm International Peace Research Institute) Military Expenditure Database, the gobal military expenditure was $1747 billion in 2013, a fall of 1.9 per cent in real terms since 2012, according to figures released today by Stockholm International Peace Research Institute (SIPRI). The database describes the global, regional and national trends in military expenditure that are revealed by the new data.

The fall in the global total comes from decreases in Western countries, led by the United States, and despite increases in all other regions. In fact, military spending in the rest of the world excluding the USA increased by 1.8 per cent.

The next three highest spenders—China, Russia and Saudi Arabia—all made substantial increases, with Saudi Arabia leapfrogging the United Kingdom, Japan and France to become the world’s fourth largest military spender. China, Russia and Saudi Arabia are among the 23 countries around the world that have more than doubled their military expenditure since 2004.

The fall in US spending in 2013, by 7.8 per cent, is the result of the end of the war in Iraq, the beginning of the drawdown from Afghanistan, and the effects of automatic budget cuts passed by the US Congress in 2011. Meanwhile, austerity policies continued to determine trends in Western and Central Europe and in other Western countries.

‘The increase in military spending in emerging and developing countries continues unabated,’ said Dr Sam Perlo-Freeman, Director of SIPRI’s Military Expenditure Programme. ‘While in some cases it is the natural result of economic growth or a response to genuine security needs, in other cases it represents a squandering of natural resource revenues, the dominance of autocratic regimes, or emerging regional arms races.’

Saudi Arabia and Iraq dominate increase in the Middle East

Military spending in the Middle East increased by 4.0 per cent in 2013, reaching an estimated $150 billion. Saudi Arabia’s spending increased by 14 per cent, to reach $67 billion, possibly due to tensions with Iran but also the desire to maintain strong and loyal security forces to insure against potential ‘Arab Spring’ type protests.

Maintaining regime survival in the face of internal opposition is also the likely motive for Bahrain’s 26 per cent increase. However, the largest regional increase was by Iraq (27 per cent), as it continued the rebuilding of its armed forces.

‘Military spending data for Iran, Qatar, Syria and the United Arab Emirates are not available for 2013, which means that the estimated regional total is highly uncertain. This reflects the general opacity of military spending in the region, and even where data is available it may not cover all military spending,’ said Dr Perlo-Freeman.

Resources fuelling arms acquisitions in Africa

Military spending in Africa increased by 8.3 per cent in 2013, reaching an estimated $44.9 billion. Over two-thirds of the African countries for which data is available increased military spending in 2013. Algeria became the first country in Africa with military spending over $10 billion, an increase of 8.8 per cent since 2012, and of 176 per cent since 2004. Meanwhile, Angola increased its spending by 36 per cent in 2013, to overtake South Africa as the largest military spender in sub-Saharan Africa, and the second highest on the continent. High oil revenues appear to be a factor driving both Algeria’s and Angola’s military spending increases.

Read full report: Military spending continues to fall in the West but rises everywhere else, says SIPRI
http://www.reparationlaw.com/news/military-spending-continues-to-fall-in-the-west-but-rises-everywhere-else-says-sipri/

Related News

Abu Dhabi’s Mubadala eyes bigger regional military supply chain role
http://reparationlaw.com/caselaw/817/

Photograph: UAE’s military occupation in the Kingdom of Bahrain to help suppress a popular revolt.
http://reparationlaw.com/caselaw/category/country/uae/abu-dhabi/

TABLE: Countries with highest military expenditure in 2013

1) USA: $640 billion
2) China: $188 billion
3) Russia: $87.8 billion
4) Saudi Arabia: $67 billion
5) France: $61.2 billion
6) UK: $57.9 billion
7) Germany: $48.8 billion
8) Japan: $48.6 billion
9) India: $47.4 billion
10) South Korea: $33.9 billion
11) Italy: $32.7 billion
12) Brazil: $31.5 billion
13) Australia: $24 billion
14) Turkey: $19.1 billion
15) UAE: $19 billion

(Principal Source: SIPRI)

Links to State-sponsored Terrorism

The United Arab Emirates (UAE) is ranked to fifteenth place with $19 billion in the list of annual update of the SIPRI Military Expenditure Database. Terror is being practiced by the Regime of Abu Dhabi, United Arab Emirates, against its own people, foreign nationals and its neighboring countries. Some of the links to the UAE’s state-sponsored terrorism are as in the following:

UAE Funding for Coup in the Middle East

Posted in Abu Dhabi, al-Islah, Arab Spring, boycottuae, Egypt, Egyptian Coup, Egyptian Traitors, Ennahda Party, Human Rights, Human Trafficking, Legacy of Torture UAE, Middle East, Mubadala, Muslim Brotherhood, State-sponsored Terrorism, Travesty of Constitution, UAE, UAE Funding for Coup in Yemen, UAE Judgments For Sale, UAE Ministry of Interior, UAE Plots, UAE's Reputation, United Arab Emirates | Tagged , | Comments Off

Abu Dhabi’s Mubadala eyes bigger regional military supply chain role

democracy-vs-uae_regime-Strap-on-bomb-kit-systemsAbu Dhabi’s Mubadala eyes bigger regional military supply chain role
April 6, 2014 Abu Dhabi

Mubadala, a public joint stock company (PJSC), by the Government of of Abu Dhabi, UAE, is looking at how it can become a bigger player in the region’s military supply chain, its top aerospace executive said on Sunday. “What we would like to do is see how we can synergize these activities and line them up in a manner where we can actually start building a bigger presence in the region,” said Homaid Al Shemmari, CEO, Mubadala Aerospace and Engineering Services.

‘Democracy Vs. Authoritarianism’
A photograph of ‘Al Tariq’ Strap-on bomb kit systems, manufactured by Tawazun Dynamics

Mubadala, Tawzaun and Emirates Advanced Investment announced last week that they had signed a Memorandum of Understanding to explore a unification of their defence services businesses. Al Shermmari, speaking at a media roundtable in Abu Dhabi on Sunday, confirmed that discussions between the three companies will start immediately. However, he stopped short of confirming a full-fledged merger of the three.

He said the companies will be open about their strategies so that they can find a mutually beneficially model.

Al Shemmari said he is interested in providing training, maintenance, supply chain, storage management and maintenance, repair and overhaul services to the region.

Photograph: Democracy Vs. Authoritarianism

‘Al Tariq’ Strap-on bomb kit systems, manufactured by Tawazun Dynamics
The UAE Armed Forces has recently placed an order for the production of an undisclosed quantity of Tawazun Dynamics’ Al Tariq precision-guided weapon systems at a total value of Dh 1.8 billion (US$500 million). Al Tariq is a family of strap-on bomb kit systems, custom made for Mk81, Mk82 and Mk83 bombs. Expertly utilising GPS/INS guidance, increased targeting accuracy by utilising Semi Active Laser or Imaging Infrared seekers. Al Tariq provides users with all weather, day/night operational capabilities.

About Mubadala Development Company
‘Mubadala’ was established in October 2002 as a public joint stock company (PJSC), by the Government of the Emirate of Abu Dhabi, UAE, as a principal agent. Focused on investment and development across multiple sectors, Mubadala’s portfolio is valued at more than US $55 billion. Mubadala is an active investor in sectors and geographies that hold exciting potential and tangible returns, working in partnership with a number of world-class organizations. As of 2013, Mubadala has operations spanning in more than 17 countries. H.H. Sheikh Mohamed Bin Zayed Al Nahyan, Abu Dhabi’s Crown Prince and Deputy Supreme Commander of the Armed Forces, is Chairman of the company. Mubadala is the Arabic word for “exchange.”

About Tawazun Dynamics
Tawazun Dynamics was set up in September 2012 as a joint venture between Tawazun Holding and the Dynamics division of South Africa’s largest defence manufacturer, Denel.
Tawazun Dynamics, a member of the Tawazun Group, is operating its Abu Dhabi-based facility for the development, manufacture, assembly and integration of precision-guided systems for conventional air munitions. The company is 51% owned by Tawazun and 49% by Denel.

IDEX

The International Defence Exhibition and Conference (IDEX), Abu Dhabi,is the region’s largest tri-service defence show for the industry to showcase emerging technology, equipment, trends and strategy. “Mubadala is the principal participant of the IDEX along with eight of its subsidiary companies that support the UAE Armed Forces and regional militaries. From 2011 onward, the Naval Defence Exhibition (NAVDEX) running in parallel, the combined events will feature a comprehensive array of land, sea and air defence systems and equipment.

NAVDEX
NAVDEX, the Maritime Security Area features local and international exhibitors who specialise in naval, maritime and coastal security technology, equipment and crafts. NAVDEX also features, on-water exhibits, daily demonstrations and visiting navy vessels. Abu Dhabi Ship Building, a Mubadala subsidiary, is a leading participant at the NAVDEX. IDEX and NAVDEX takes place biennially at the Abu Dhabi National Exhibition Centre (ADNEC), which is centrally located in Abu Dhabi, the capital of the United Arab Emirates.

About Abu Dhabi
The United Arab Emirates (UAE) is a federation of seven Emirates situated on the Arabian peninsula. The Emirate of Abu Dhabi has a population of 2 million and holds 9% of the world’s oil reserves and 5% of the world’s gas reserves. Abu Dhabi is the capital of the United Arab Emirates (UAE).

Links to State-sponsored Terrorism

UAE’s state-sponsored terrorism. Terror practiced by the Regime of Abu Dhabi, United Arab Emirates, against its own people, foreign nationals and its neighboring countries

UAE Funding for Coup in the Middle East

Reports on ‘Human Rights in the UAE’

Boycott Etihad Airways” – Campaign Ads
[Recommended reading lists compiled by 'Boycott UAE .Com']

Arsonist onboard Etihad Airways Flight

Support the victim; buy ‘Landmark Judgments’ of Abu Dhabi Courts!
[A unique investment plan with high returns, who respect the judiciary]

Outright sale of the judgment [Unexecuted] is not envisioned. Funds are proposed to be raised by distribution of shares. One can invest a sum as small as $USD 1,000.00 in a valid Legal Judgment. “A Portfolio of UAE Judgments for Sale” The UAE Judgment have been guaranteed three times more value of investment along with 4.5% yearly bonus. In some cases, the earnings will go up Ten Times (ie. $1,000 x 10 = $USD 10,000.00) worth their investment. ..Read Terms & Conditions

‘Oh, I have lost my reputation! I have lost the immortal part of myself, and what remains is bestial’. The Executive of the State was duty bound to adhere to the orders of the Judiciary of the land. Flouting the orders of a judicial body is totally destructive of the Rules of Law and norms internationally upheld for safeguarding Human Rights. “Reputation of Abu Dhabi, United Arab Emirates!”

Principal Sources
“Boycott Etihad Flight” – Recommended reading lists compiled by ‘Boycott UAE’

Posted in Abu Dhabi, al-Islah, Arab Spring, boycottuae, Egypt, Egyptian Coup, Egyptian Traitors, Ennahda Party, Human Rights, Legacy of Torture UAE, Middle East, Mubadala, Muslim Brotherhood, Shaikh Mohammed, Sheikh Khalifa, Sheikh Tahnoun, Sponsor, State-sponsored Terrorism, Syria, Travesty of Constitution, Tunisia, UAE, UAE Funding for Coup in Yemen, UAE Judgments For Sale, UAE Ministry of Interior, UAE Plots, UAE's Reputation, Uncategorized, United Arab Emirates | Tagged , , , | Comments Off

Real-life ‘Judgment Fraud’ by the UAE Administration Uncovered!

Shaikh-Saif-Bin-Zayed-Al-Nahyan-Deputy-Prime-Minister-and-Interior-Minister-UAEReal-life ‘Judgment Fraud’ by the UAE Administration Uncovered!
Friday, April 04, 2014 New Delhi

The case of the victim emerged from manipulation of power by the UAE Administration. The subsequent fact that the judgment(s) had been pronounced long past and that its implementation was twisted by the culprits who have access to those in power. [Photograph: Lieutenant General Sheikh Saif Bin Zayed AlNahyan, the Minister of Interior, United Arab Emirates]

There may be countries in the world which delays justice on the basis of enforcing judgments. But the Abu Dhabi, United Arab Emirates (UAE), is the only place in the world as a ‘real-life examples of ‘Judgment Fraud’, to avoid honoring obligations!

“A story of frightening, inhuman and deadly tortures; the blatant violation of the law and the most shocking travesty of Constitution of the United Arab Emirates to which the victim was exposed to”.

A brief background of the case

The victim (hereinafter called “Petitioner”), in the case was a high earning engineering expert and investor from India with established contracting and trading businesses. He had a unique opportunity of observing the country for over 18 years. He had been an active participant in the developmental activities of that country. On 26th October 1995 the petitioner signed a lease agreement on behalf of his principal company, the ‘Premier General Contracting Est’., with a landlord, Mr. Hassan Saeed, a native of Abu Dhabi, covering a Nine Storied Building proposed to be leased out for a sum of UAE Dirhams 1.08 million (USD 2,94,000.00) Per Annum, with condition to renew semi-annually.

Civil Suit against a local

The trouble started when the landlord wanted to wriggle out of the contract and was not willing to perform his obligations under the terms and conditions of the contract. The petitioner had already taken up essential renovations including painting, replacement of civil and electro-mechanical fittings that worth UAE Dirham 3 Lakhs. Meanwhile, the landlord had sold some of these flats to others against the terms and conditions of the contract and contrary to law. As such, a dispute arose with the landlord and the petitioner.

On the basis of legal advice, the petitioner instituted a Civil Suit in Abu Dhabi Court for settling the issue. The conspiracy on the part of the landlord to avoid paying debts was one of the important and thrusting points in the civil suit. An interim order was granted by Abu Dhabi Court of Justice in favour of the petitioner.

Though the petitioner had acted only as a law abiding citizen, and in accordance with legal advice secured in that behalf, and had only sought relief from a court of justice, the landlord took it as a personal affront and planned and executed violent and reckless revenge against the petitioner defying all legal provisions and principles of fair-play. He was claiming to be a close associate of the office of the ‘Crown Prince’ of Abu Dhabi. He abused the acquaintance and intimacy with the office of ‘Crown Prince’ for making wrongful gain at the expense of the petitioner. Certain corrupt police officials colluded with him.

The frightening, inhuman and deadly tortures to which the victim was exposed to:
The petitioner had to undergo extremes of inhuman and deadly tortures from Abu Dhabi Police which no human being could withstand. However, he was spared from death.

The critical incident took place on Thursday, 26th October 1995, around noon when the landlord along with one of his accomplices made a forcible entry into the petitioner’s place, the petitioner was threatened to withdraw the Civil Suit. The petitioner could not yield to such illegal and unjust demands and therefore refused to accede. Reacting terribly to the situation by securing the help of ‘the extortion mafia working under Abu Dhabi Police’, they ransacked the entire office of the petitioner and robbed him of all cash and valuables. [A large quantities of money, worth UAE Dirham 3.5 Lakhs, was looted from the vault which was kept for the distribution of wages for employees]. The petitioner sought intervention from the police. The police did come, but instead of helping the petitioner, they started abusing him, beating and kicking, in a horrifyingly violent manner, using with hands, fists, legs and even (hands) with metal shackles.

The petitioner was shackled and literally dragged out of his office along the street to the Police vehicle, in the presence of known friends and bystanders.

He was then confined to a detention center where he was again brutally tortured. There was a policeman who shouted “We know how to teach Indians” and asked the petitioner to sign some documents. When the petitioner refused, they forced him to lay down on the floor, took out their Arabic turban and rolled it on petitioner’s entire head and started hitting and kicking on the head with their legs. Another in uniform pulled out his fingernail with a cutter.

Due to the heinous forms of torture, the petitioner’s finger nail was entirely torn apart. As a result, the petitioner became unconscious and soon thereafter he was taken to hospital-emergency, Abu Dhabi. Treatment was made without removing the shackles, hands cuffed behind the back. Over a dozen of X-rays were taken at the hospital of the different parts of his body.

Bizarre twist in the case of police extortion by duty officer of the rank of Captain, Abu Dhabi Police
The duty and responsibility of the authority to protect the judgment creditor against the threats of violence was left unattended.

When those atrocities were being committed in the police station, the petitioner’s sponsor, Mr. Easa Ahmed met the duty officer of ‘Asma Police Station’, who is of Captain’s rank to enquire about the arrest of the petitioner. He was then told a concocted story that accused (the petitioner) had hit three of his police staff and an Emirati, and that one police official and the Emirati, the local man, was in a serious condition and admitted in the hospital and that, they were not permitted to allow him to see the accused (the petitioner).

After hearing such a story from a high ranking official, the sponsor did not pursue the matter, in view of the authoritarian methods prevalent in that country. Such (fake) stories have been repeated many times to others who approached to help petitioner. (A similar medical report submitted by them before the Criminal Court was proved false and subsequently rejected by the Abu Dhabi Court of Justice).

The petitioner was subjected to the greatest ordeals by being taken from hospital to the underground lock-up and illegally kept incommunicado in solitary confinement. He was confined to secret detention centers in different days with all sorts of malpractices resulting in injury, bodily damage and injury to his reputation. The petitioner was warned about the consequences if he will not withdraw the civil suit which was filed against the landlord. The dreadful agony and blackmailing was continued therein for 21 days and later the victim was taken to central prison at Al Wathba, Abu Dhabi.

Al Wathba Central Prison, Abu Dhabi

The Al Wathba Central Prison in Abu Dhabi was overcrowded with more than three thousand prisoners – three or four times larger than its actual holding capacity. In scorching heat of the desert, within concrete cages, prisoners were made to live in inhuman conditions without the basic amenities of life. Not even a fan had been provided in those concrete cages. Many prisoners were dumped in the corridors and pinning for a little cool breeze. Even a breath of fresh air was a precious boon!

The food was most unpalatable and unhygienic. Prisoners sustained their life with fermented camel meat and wormy food-grains and clamoured there for a glass of cold water in the hot summer days. The heartening fact is that many innocents are made to languish here under the banner of criminals which cast a stigma on them for life.

The Agony and Pain

Throughout the entire period of detention, the petitioner was subjected to all forms of humiliation, mental agony and unimaginable pain. Though the prison

with appealing exterior has been constructed, that remained only a show-piece for the police administration to parade before visiting personalities from the outside world. The petitioner, along with three thousand other prisoners in the central prison had been subjected to the most cruel torture and deprivation of basic amenities. [Link: The Prison-life of the Petitioner – ‘My Prison-life in Abu Dhaib']

Financial Losses

Torture and other cruel, inhuman treatment continued unabated at Al Wathba prison, Abu Dhabi. The petitioner was not allowed to communicate with anyone. The petitioner’s contracting and trading activities got stammered, causing heavy loss.

The petitioner suffered huge losses for non-communication and by not allowing him to have meeting with any person or to sign any paper with the outside world. This resulted in the cancellation of contracts and liability to pay damages to various departments, contractors, dealers and many and varied financial obligations. Since the petitioner was the prime operator of his Trading and Contracting establishments, his absence had its natural consequence of throwing the different works of the establishment out of gear.

Business Loss

All these resulted in the loss of physical assets, material damages, strategic resources, trust, reputation, loss of corporate identity; the goodwill, prestige, image, opportunities and social status, all painstakingly built by the petitioner over two decades of prime of his life were lost. A corporate identity established with due professional care and attention had been tarnished. The anguish resultant from the deprivation of his establishments, assets and reputation earned exclusively through the untiring personal efforts of the petitioner causes extreme mental depression which will virtually make his life only a vegetable existence. [Link: The details of Business Establishments in Abu Dhabi, owned by the petitioner]

A Long Journey To Court

The victim was brought to the court on 27 (Twenty Seven) occasions, dragged with shackles, manacled and cuffed on both hands and legs as if the victim is a dangerous criminal. Such inhuman treatment was inflicted even on women contrary to all injunctions of Islamic faith.

The prisoners look for the day when they are presented in Court as that is the only occasion when they could breathe fresh air and see the outside world and fellow human beings. The very process of journey to Court is an ordeal. The prisoners are informed about their production in Court only the previous day. Such prisoners who are to be produced before the Court are picked up from different prison cells. The process starts soon after midnight.

The 120 km. trip to the Court in an armoured truck and the return there from through desert in harsh hot weather, thus often become ordeals and created agonizing situations. Most of the prisoners fall sick for a long duration of about two weeks after every such Court trip.

Whenever a prisoner is taken out of the jail, they will be dragged with shackles, manacled and cuffed on both hands and legs. Such inhuman treatment is inflicted even on women contrary to all injunctions of Islamic faith. We had been handcuffed and legs placed in the painful grip of fetters on all twenty seven occasions when we were taken from prison to Court to face the trial, in an armoured covered truck. Although its capacity was 15 persons, about 50 persons were packed like salted fish making each one gasp for breath during the journey.

False Allegations against Petitioner
The blatant violation of the law and the most shocking travesty of Constitution of the United Arab Emirates to which the victim was exposed to:

On 11/02/1996, after four months of arrest, a false case was registered against the petitioner under the case No. 152/1996 offenses, alleging “Using force against Government employee and assault”. Untold sufferings were also inflicted on the petitioner as an under-trial prisoner. The public prosecution demonstrated extraordinary misconduct in its investigation.

The petitioner was kept waiting all these days in a small and narrow room in the Court premises, along with other prisoners without any ventilation or so, but not called up for hearing. The witnesses of the petitioner and his counsels were present, but their depositions were also not recorded. This blocking of access to a Court of Justice also constitutes violation of Human Rights by the State itself. All these constitute the grossest and wanton violation of Human Rights.

It took six months thereafter, for the petitioner to have his first appearance in Court. The witnesses did not care the threat of State police and Public prosecution, and they dared to explain the facts. The Court listened to the evidences of eye-witnesses from different nationalities. Mr. Saleem Raza, a Pakistani who said a policeman was holding an iron bar of one meter length in his hand, threatening anyone who came near the office premises of the accused and was shouting “Indian, Pakistani and Bengalis all are thieves and procurers”.

Mr. Zulfiqar Ali who gave similar statement, moreover he added-that the appellee have neither resisted the police nor they have beaten anyone from the patrolling squad and that the appellee are of good nature “I am a Pakistani and they are Indian, no relations are between us, and my testimony is based on truth only. Further the Court listened to the statement of the 3rd witness Mr. Shirban Kalobar from Iran, whose testimony came similar to the declaration of the first two witnesses.

On 10/4/1996 the innocence of the petitioner had been ultimately upheld by the Hon’ble Judge Mohammed Abdul Raheem Al Khoori, Judge of Abu Dhabi Legal Court of first instance, acquitted the petitioner of all the charges levelled against him in the presence of Mr. Mohammed Obaid Al Kabi, the Prosecuting attorney, and Mr. Abdul Fattah Sayed Ahmed, the secretary, under the case No. 152/1996, and directed the authorities to prosecute the policeman involved and also the plaintiff – for being guilty of deception.

The atrocities committed did not come to an end up there; the office of the Public Prosecutor, Abu Dhabi filed an appeal against the decree of the legal court of the first instance. On 18/04/1996 the appeal was set for hearing. The petitioner was granted bail on the filing of the appeal. However, despite the bail order and sureties, he was not released from the prison.

During the next hearing, the police officer, Mr. Ahmed Abdulla Abdul Khadir, dropped his claim from his complaint in the Apex Court, with a declaration attested by the Notary Public Abu Dhabi, under number 2314/96 dated 17/3/1996. The landlord too declared that he had no case against the victim and accepted his attempt to create false evidence against the victim. The other two policemen involved in the case, who in fact, became the instrument of horrific torture designed to extort money, declared-that they were misguided by the police officer.

On 19/5/1996 the eminent Jurists Panel of Apex Court of Abu Dhabi, under presidency of the Judge: Hon’ble Abdul Baqi Abdul Hakam, and the membership of the two other judges (1) Hon’ble Hasan Shareef Al Jafri (2) Hon’ble Mohammad AI Aboodi, upheld the finding of the Trial Court and commented adversely and strongly against the illegal and high- handed acts of the officials.

The Apex Court found that the victim is innocent; rather ‘a martyr’. The Court observed further that the case was wholly false, baseless and that it was fabricated by the police for personal gain. “The Court observed that all the pieces of evidence indicated the properness of the behavior of the victim, the accused. Some of these findings of fact are proof of violation of Human Rights and International Conventions”.

“It further reiterated the condemnation of prosecutor”. The appellate review highlighted the culpability of the policeman and emphasized the notoriety of his actions and violations of Human Rights.

The Court, therefore, ordered restoration of the victim’s dignity, and compensate him for all his losses while pronouncing a ‘Landmark Judgment’.

The Court having been convinced about the innocence of the petitioner quoted the Islamic Law that should be practiced by everyone following the Islam Religion. The Apex Court illustrated the petitioner as a ‘martyr’ in the Judgment and highlighted the intense miseries he went through.

An excerpt from the Appellate Judgment as follows:-

“Verily the Islamic law and the entire positive laws have honoured man and protected his freedom, his honour, his property and his soul. Hence, if man was killed while protecting these, he is considered to be a ‘martyr’. And limitation of his freedom without any right is an unforgiving crime and the same is mentioned in the provisions of articles 2 and 3 of the penal procedure code. And it is proved in this case that the policemen along-with the local went to arrest the accused, without any right and curtailed his freedom”.

A true copy of Arabic including English translation of ‘the Final Judgment’ is available here (Link: ‘Key excerpts from the summary of the judgment, Abu Dhabi Legal Courts‘)

Deportation Order of General Directorate Police, Abu Dhabi, UAE
Real-life examples of judgment fraud, the way how the Ministry of Interior, United Arab Emirates (UAE), bypassing it’s Court Orders to avoid honoring obligations!

In the wake of the concurrent judicial findings of the Court, the victim should have been restored to his former status and position and adequately compensated for the mental agony and sufferings and pecuniary losses suffered by him. Unfortunately, the Abu Dhabi officials acted in total defiance of the findings and sentiments expressed by the judicial establishments of the country.

The petitioner was detained at further extent without the due respect of the law of the land. On 28-9-1996 by virtue of the administrative decision number 227/1996, the authority decided to deport the petitioner from the UAE in total disregard to the crucial legal position that the petitioner had a valid visa of a ‘sole investor’ and had his ‘own business’ establishments in the UAE. The petitioner was re-victimized in a manner that was extremely ‘libelous’ – by ‘false statement of facts as if he was punished for a crime’.

The deportation order was signed by one Captain Hamad Ahmed, then head of security affairs department, general directorate police of Abu Dhabi, UAE.

The petitioner was deported back to India in total negation of the law, virtually denying all the constitutional rights of that country. The constitution and union laws of the UAE were blatantly violated abridged as enshrined including the well-established principles of ‘International Laws and the Covenants’.

The deportation order reads: “Under the charge of applying force against a government employee ”which could instill fear and suspicion in the general public, associating or dealing with the petitioner. It caused a situation of re-victimization associated with great pain, loss of dignity, loss of the court ordered monetary compensation including his inability to recapture the past glory, which the victim could have achieved had the judgment of the Legal Courts of Abu Dhabi had been implemented in time.

The Apex Court had already found the claim against victim was fabricated. An excerpt of Judgment reads “All the evidence indicates to the appropriateness of his behavior”. “The court was ruled that, there is not a shred of evidence which can prove the accusation. On the contrary there was ample evidence that it was the policeman who assaulted the victim”.

It is respectfully submitted that flouting the orders of a judicial body is totally destructive of the Rules of Law and norms internationally upheld for safeguarding Human Rights. The very concept of having an independent judiciary to protect the citizen from Executive excesses crumbles down by such an action on the part of Government officials.

The domestic law of the country permits recovery for reputational harm and economic losses flowing from the falsity of a defamatory statement. A true copy of ‘the Deportation Order, by ‘Captain Hamad Ahmed is available here (Link: ‘Deportation Order of General Directorate Police, Abu Dhabi, UAE’ Arabi & English)

‘No Entry & Cancellation of Residence Visa’
The official in the UAE was instrumental for cheating an Indian Investor, depriving him of his rightful benefits from a Portfolio of Judgments

of that country. The Judgment of the Apex Court of Abu Dhabi was worth hundreds of millions as compensation to restore the life of petitioner, his dignity and his business establishments.

The petitioner’s visa has been cancelled and has made an endorsement of ‘No Entry’ in his passport. There was no legality to cancel a valid residence permit of a rightful investor. The petitioner was not involved in any crime or any consequences that may ultimately call for his removal him from the UAE. The victim was a ‘judgment creditor’ and he was living in the UAE over the last 18 years and was a sole investor of a group of business establishments. The Emirate, Abu Dhabi, United Arab Emirates (UAE), is answerable vicariously and otherwise for all such violations of law.

The officials in the Ministry of Interior, UAE, not only cheated a Judgment Creditor but it also cheated the entire pillars of constitutional doctrine of that country. The Ministry of Interior, Abu Dhabi, UAE, also owe huge debts to the Judgment creditor, solely and exclusively responsible for the closure of ‘his various business establishments in Abu Dhabi, United Arab Emirates’.

References

Coming Soon!

“The worst cheating scandal of Abu Dhabi, United Arab Emirates (UAE)”

There may be many countries in the world which delays justice on the basis of enforcing judgments. But the Abu Dhabi, United Arab Emirates (UAE), is the only place in the world as a ‘real-life examples of judgment fraud, to avoid honoring its obligations! “We bet it’s the worst case of cheating you’ve ever heard from a civilized country or a member States of the United Nations”. [Feature: "The worst cheating scandal of Abu Dhabi, United Arab Emirates (UAE)"]

“Why Abu Dhabi, UAE, is the most fraudulent authoritarian state (Regime) in the world”?

“The world is too dangerous to live in, not because of the people who are evil, but because of the people who sit and let it happen.” [Feature: Why Abu Dhabi is the most fraudulent authoritarian state in the world?]

Posted in Abu Dhabi, Al Wathba Central Prison, Amnesty International, boycottuae, Cheating Scandal of UAE, Court of First Instance, Deportation, Diplomatic Protection, Diplomatic Relations, Emirati courts, Government of India, Human Rights, Human Trafficking, India and United States, India’s Rotten Diplomacy, Indo-Gulf Reparations, International Treaty Laws, Khobragade Scandal, Landmark Judgment, Legacy of Torture UAE, MEA, Middle East, Ministry of External Affairs, New Delhi, P.K.Jabir, Perversion of the Truth, Sarah Leah Whitson, Shaikh Mohammed, Sheikh Khalifa, Sponsor, State-sponsored Terrorism, Travesty of Constitution, UAE, UAE Appellate Judgment, UAE Judgments For Sale, UAE Ministry of Interior, UAE Plots, UAE Supreme Court, UAE's Reputation, United Arab Emirates, United Nations, Vienna Conventions | Tagged , , , , | Comments Off

Etihad flight diverted by reported bathroom arsonist

etihad-airways-plane-arsonist-attack-abu-dhabiEtihad flight diverted by reported bathroom arsonist
February 19, 2014 By Frances Cha, CNN

A reported arsonist on board an Etihad Airways flight is being blamed for an emergency landing.

According to Etihad Airways, flight EY461 from Melbourne to Abu Dhabi had to make an emergency stop in Jakarta on Monday after smoke was detected in bathrooms mid-flight.

“It was very smoky, and it felt like the aircraft had filled with smoke,” said passenger Sarah Jefferey, as reported by the Sydney Morning Herald.

“When smoke was detected in two of the toilets … the captain decided to divert the aircraft as a precautionary measure and land in Jakarta in order to allow the authorities to assist him to conduct a security assessment of the situation,” said the airline in a statement.

After a search of the aircraft, passengers and carry-on luggage, the flight took off from Jakarta, continuing to Abu Dhabi.

Etihad Airways, the national carrier of the United Arab Emirates, didn’t say whether any passengers were removed from the flight in Jakarta.

According to an updated statement from the airline, 12 passengers are being held by Abu Dhabi security authorities.

No arrests have been made.

More smoke

Despite strict controls over passenger movements instituted by the pilot, that wasn’t the end of the smoking bathrooms.

Yet another toilet smoke alarm went off two hours before arrival in Abu Dhabi.

At this point, flight attendants ceased normal service to take up watch at each restroom and to monitor passenger access, said the airline.

The plane landed in Abu Dhabi four hours behind schedule.

No injuries were reported.

First person account

While Etihad Airways’ official statement made no mention of an arsonist — simply noting that smoke had been detected on board — several passengers say they were told upon landing in Jakarta that someone had started fires on the plane.

Passenger Graham Foote, a singer traveling to Abu Dhabi for a performance, told CNN he became aware of the issue when cabin lights suddenly came on five hours into the flight.

“I looked at the inflight map and discovered that we were 90 minutes out from our destination, which seemed unusual given it’s a 13-hour flight,” said Foote.

“The captain then came over the intercom and announced that there had been a security breach and that we were diverting to Jakarta.”

Other passengers say the reason for the diversion was explained to them only after landing in Jakarta.

“Upon arrival in Jakarta, we were told that a passenger had attempted to light two fires on the aircraft,” said Foote.

When more smoke began coming from the bathroom following the Jakarta takeoff, all semblance of normal service — including food and drink service — was abandoned.

“Approximately two hours (away) from Abu Dhabi, we were informed that the arsonist had made another attempt and that all service was to be suspended,” said Foote.

“The cabin staff also further restricted bathroom access at this point, checking the trash and toilet after every passenger had been inside.”

Suspects

While the Sydney Morning Herald reports that a female passenger is a suspect, Foote said that two men “of Middle Eastern origin” seemed to be the subjects of investigation and were detained by police upon arrival in Abu Dhabi.

“One of the guys had a very nervous demeanor and intermittently changed seats throughout the flight from directly in front of me to another vacant seat with his travel companion,” said Foote.

“During the first flight, when he entered the bathroom about seven staff members were congregated around the area, two of whom held fire extinguishers.”

Upon landing at Abu Dhabi Airport, all passengers and crew were interviewed by authorities.

Etihad Airways has not commented on suspects, stating only that the event is still under investigation.

Abu Dhabi police are also investigating the incident.

Passengers have lauded the airline’s crew for rising to the occasion.

Passenger Paul Ross wrote to CNN praising the airplane crew’s response.

“The crew on this flight should be highly commended,” wrote Ross.

“They dealt with these incidents with complete professionalism. They ensured there was no panic and kept passengers on the plane calm and settled.”

Foote called the crew’s response “extraordinary.”

As for his own state of mind during the episode, Foote said that the flight felt “so surreal it didn’t really feel dangerous.”

“Like most passengers on board, my biggest reaction was frustration at the delay and anger toward the person or persons who were attempting to light the fire.”

“Boycott Etihad Flight” – Recommended reading lists compiled by ‘Boycott UAE’
[Links on UAE's state-sponsored terrorism. Terror practiced by the Regime of Abu Dhabi,  United Arab Emirates,  against its own people, foreign nationals and its neighboring countries]

UAE Funding for Coup in the Middle East

Reports on ‘Human Rights in the UAE’

How to buy ‘Landmark Judgments’ of Abu Dhabi Court?
[A unique investment to all Indians who are proud to be an Indian!]

Outright sale of the judgment [Unexecuted] is not envisioned. Funds are proposed to be raised by distribution of shares. One can invest a sum as small as $USD 1,000.00 in a valid Legal Judgment. “A Portfolio of UAE Judgments for Sale” The UAE Judgment have been guaranteed three times more value of investment along with 4.5% yearly bonus. In some cases, the earnings will go up Ten Times (ie. $1,000 x 10 = $USD 10,000.00) worth their investment. ..Read Terms & Conditions

 

‘Oh, I have lost my reputation! I have lost the immortal part of myself, and what remains is bestial’. The Executive of the State was duty bound to adhere to the orders of the Judiciary of the land. Flouting the orders of a judicial body is totally destructive of the Rules of Law and norms internationally upheld for safeguarding Human Rights. “Reputation of Abu Dhabi, United Arab Emirates!”

Posted in Abu Dhabi, Al Wathba Central Prison, al-Islah, Arab Spring, boycottuae, Egypt, Egyptian Coup, Egyptian Traitors, Ennahda Party, Etihad Airways, Human Rights, Human Trafficking, Legacy of Torture UAE, Middle East, Muslim Brotherhood, Shaikh Mohammed, Sheikh Khalifa, Sponsor, State-sponsored Terrorism, Syria, Tunisia, UAE, UAE Funding for Coup in Yemen, UAE Judgments For Sale, UAE Plots, UAE's Reputation, United Arab Emirates | Tagged , , , , , | Comments Off

UAE, Egypt plotting coup in Libya, say revolutionaries

Libyan-PM-Ali-ZeidanUAE, Egypt plotting coup in Libya, say revolutionaries
17 February 2014

A Libyan revolutionary group claimed that the UAE and Egyptian military-led authorities are plotting a coup in Libya.

The Libyan “Revolutionaries Operations Room” (ROR) said that it acquired “documented information” regarding plots by the UAE and Egyptian military-led authorities to meddle in Libyan affairs and to abort the Libyan revolution.

According to the Middle East Monitor, in a Facebook statement the ROR claimed that UAE’s security agencies has recently formed two “cells” to circumvent the Libyan revolution and to stop Libyan oil exports.

The statement read: “We received information that UAE’s security apparatus has formed two high level cells. The first aims at overthrowing the new Libyan regime, the Libyan National Congress, and confronting the rise of Islamists. The second cell is a specialized media one based in Amman, Jordan.”

According to the statement, the “media cell” is primarily tasked with disseminating news that would serve the agenda of the “security cell”. Part of its agenda is to distort the image of Islamists, particularly with their rising popularity in Libya, the statement claims.

The ROR claimed that it obtained all information related to the “security cell” in Libya, and that it is led and funded by the UAE. It claimed that the cell has been operating in Libya since January 26, 2013.

“A high level Libyan source told ROR that a group affiliated with Mahmoud Gebril abducted Abu Anas Al-Libi based on a request from the UAE which immediately handed him over to the American CIA.”

The statement claimed that Sheikh Tahnoun Bin Zayed Al-Nahyan leads the security cell, while the members of the cell are counter-revolutionary figures in Libya, including Al-Saadi Al-Ghadhafi who managed to escape from the rebels, and a Libyan close to the Egyptian coup leader Abdel-Fattah Al-Sisi.

The ROR affirmed that the “security cell” is based in Abu Dhabi, and convenes regularly with the protection of UAE security.

Principal Sources: Worldbulletin News

News on Middle East Monitor
A Facebook statement read: “We received information that UAE’s security apparatus has formed two high level cells. The first aims at overthrowing the new Libyan regime, the Libyan National Congress, and confronting the rise of Islamists. The second cell is a specialized media one based in Amman, Jordan.” News (Middle East Monitor)

News Updates – Coup in Libya
Bandar Bin Sultan, UAE Crown Prince Fail to Carry Out Coup in Libya
Preliminary investigations indicate that Libyan coup d’état leader Major General Khalifah Haftar has received huge amounts of money from the Sheikh Mohamed to carry out the coup. Full Text: Bandar Bin Sultan, UAE Crown Prince Fail to Carry Out Coup in Libya

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How to buy ‘Landmark Judgments’ of UAE Court?

Outright sale of the judgment [Unexecuted] is not envisioned. Funds are proposed to be raised by distribution of shares. One can invest a sum as small as $USD 1,000.00 in a valid Legal Judgment. “A Portfolio of UAE Judgments for Sale” The UAE Judgment have been guaranteed three times more value of investment along with 4.5% yearly bonus. In some cases, the earnings will go up Ten Times (ie. $1,000 x 10 = $USD 10,000.00) worth their investment. ..Read Terms & Conditions

 

Posted in Abu Dhabi, al-Islah, Arab Spring, boycottuae, Egypt, Egyptian Coup, Egyptian Democracy, Egyptian Traitors, Ennahda Party, Human Rights, Legacy of Torture UAE, Middle East, Muslim Brotherhood, Shaikh Mohammed, Sheikh Khalifa, Sheikh Tahnoun, Sponsor, Syria, Tunisia, U.S.State Department, UAE, UAE Plots, UAE's Reputation, Uncategorized, United Arab Emirates, United Nations, United States, Vienna Conventions | Tagged , , , , , , , | Comments Off

Khobragade Scandal Sheds New Light on India’s Rotten Diplomacy

US-President-Barack-Obama-and-Manmohan-Singh-IndiaKhobragade scandal sheds new light on India’s rotten diplomacy
February 08, 2014 New Delhi. By P.K. Jabir, Founder-CEO of Overseas Indians’ Legal Cell

Obama has described that the relationship between India and United States would be one of the “defining partnerships” of the 21st century while visiting the country in 2010, praising its tradition of tolerance and its free market economy. The latest diplomatic rift between India and the U.S. shows all its ‘diplomatic triumphs’ turned upside down in a chaotic manner, exposing India’s deliberate failure to adhere to the statutory duties and state responsibilities under international law.

The gruesome experiences of the writer of the last 18 years in dealing with the Ministry of External Affairs have been briefed separately. They reveal the cruelties of Abu Dhabi authorities and the inaction of the MEA, the Government of India in spite of the order of the Delhi High Court.

Unfortunately, India’s concept of “diplomacy” is often misconstrued and put to maximum abuse by their officials. Some privileged elites in the MEA, New Delhi, irrespective of their caliber, seniority and eligibility, manage to get themselves inducted into diplomatic missions with ulterior motives. Such people lack the experience of professional diplomacy; bring ill-fame to the nation when they attempt to make undue financial gains through indecent means.

The officials of MEA, Government of India approached over the Devyani Khobragade issue, without properly conceiving the fathoms of International treaty laws, the Vienna Convention on Consular Relations (VCCR) 1963 and the Vienna Convention on Diplomatic Relations (VCDR) 1961. They lacked deep knowledge of the rules governing the Consular Functions including the various categories of Diplomatic Immunity of the members of a diplomatic mission. [Article 5 & 36 of the VCCR specify consular officials’ duties when citizens of their country face difficulties in a foreign State(3)].

Criminal elements are also flourishing in India under the guise of ‘diplomatic immunities and reciprocal privileges or treatments’. The case of a senior UAE diplomat who smuggled about 37 kg of gold worth at least US$2 million (Rs.11 crore), last year, into New Delhi International Airport is just an example. The Directorate General of Revenue Intelligence (DRI) has taken up the matter with the Ministry for action against the diplomat who is still at large. The MEA responded that the UAE diplomat enjoys immunity under international law, from criminal, civil and administrative jurisdictions of the receiving State.

Khobragade’s arrest on December 12, 2013 and subsequent strip-search sparked outrage in India and prompted a range of retaliatory measures in Delhi against U.S. diplomats. The very concept of the solemn document, the Vienna Convention on Diplomatic Relations of 1961 has been misinterpreted in India in this case, as it has been grossly misinterpreted in the case of Italian Ambassador to India in 2013.

The United States anti-trafficking strategy set forth in December 23, 2008; the President Bush signed into law a bill that enhances measures to combat human trafficking. ‘The Trafficking Victims Protection Reauthorization Act of 2008′ was named after English abolitionist William Wilberforce, who led the Parliamentary movement against the British slave trade in the early 19th century.

The U.S. has also agreed to ‘UN Protocol against trafficking in persons’ who provides a working definition of human trafficking and a common basis for criminalizing the trafficking of persons, especially women and children. Devyani Khobragade, 39, India’s deputy consul general in New York is the third Indian diplomat to be accused of cheating the U.S. authority from trust to trafficking.

On January 08, 2014 Khobragade was granted G1 visa with full diplomatic immunity by the State Department, which then asked India to waive the immunity so that she could face the charges. That request was refused and the State Department then requested her immediate departure. The next day she left New York for India. The same day, Khobragade was indicted by a federal grand jury in Manhattan. The indictment said Khobragade had made multiple false representations to U.S. authorities. The indictment accuses her and others of trying to “silence and intimidate the victim and her family and lie to Indian authorities and courts.”

The description about ‘a series of efforts to intimidate the victim, Sangeeta Richard and her family in India’ reveals the ill-equipped and possibly abusive actions of the Indian authorities over the Khobragade affair. In a letter to the judge, U.S. prosecutors said “we will alert the court promptly if we learn that the defendant returns to the United States in a non-immune capacity, at which time the government will proceed to prosecute this case and prove the charges in the indictment.

We should applaud Preet Bharara, the United States Attorney for the southern district of New York, for taking a victim-centered approach in this case. The U.S. authority and attorney Dana Sussman of Safe Horizon representing Ms Richard, who has taken every step under law to protect the victim and her family; they were flown to a safety zone, safe in every respect, until completion of the legal proceedings in the case.

There’s a very important message from the great city of United States, New York, that ‘all the progressive and democratic governments must adopt a ‘victim-centered approach’ in their criminal justice process and thereby modernizing and strengthening the Integrity of the Judiciary and people’s confidence in their justice systems’.

The External Affairs Ministry of India has already done great damage to the Nation’s image by its wrong presumptions and hasty actions in dealing with the situation. Sincere efforts are to be made at appropriate levels to regain its glory.

A victim of repeated betrayal and deception by the MEA, New Delhi:
[The case of a “Judgment Creditor”, the writer, who has been kept waiting for the past 18 years for justice]

The writer is a torture survivor of inside the regime’s brutal prison in Abu Dhabi, United Arab Emirates and most importantly a THREE times of Judgment Creditor (winner) from the Legal Courts of Abu Dhabi, United Arab Emirates. Government of India has never risen to the occasion against the brutality and humiliation inflicted upon an Indian citizen in UAE despite multiple judgments from that country in his favour.

A ‘serial entrepreneur’ in Abu Dhabi, UAE, engaged in the business of Trading, General Contracting etc., he had a dispute arose with a local landlord. He instituted a civil suit in Abu Dhabi Court for settling the issue. An interim order was granted by Abu Dhabi Court of Justice in his favour.

The landlord, in collusion with local police, turned against the writer (the petitioner) and took recourse to all illegal means to withdraw the ‘Civil Suit’. On October 26, 1995, the petitioner was brutally tortured and literally dragged out of his office along the street in the presence of known friends and bystanders. He was confined to a detention center where he had to undergo extremes of cruelties and humiliation from Abu Dhabi Police which no human being can withstand. After four months of his illegal detention, a false case was registered against the petitioner, alleging “Using force against Government employee and assault”. It took six months thereafter, for the petitioner to have his first appearance in Court.

The innocence of the petitioner had been ultimately upheld by the Hon’ble Judge of Abu Dhabi Legal Court of First Instance. The Court found that, the Prosecutor was guilty of proceeding against the petitioner. The Court acquitted the petitioner of all the charges leveled against him and directed the authorities to prosecute the policeman involved and also the landlord – for being guilty of deception.

The office of the public prosecutor, Abu Dhabi filed an appeal against the decree of the legal court of the first instance. The case finally came up before the Apex Court, comprising the three-judge panel. The petitioner was granted bail on the filing of the appeal. However, despite the bail and sureties he was not released from the prison. During the hearing, the police officer dropped his claim from his complaint with a declaration attested by the Notary Public. Finally, the landlord and the prosecutor followed suit and told that they have absolutely no case against the accused.

The eminent Jurists Panel of Apex Court found that the accused was innocent; rather ‘a martyr’. The appellate review highlighted the culpability of the policeman and emphasized the notoriety of his actions. “It further reiterated the condemnation of prosecutor”. The Court, therefore, ordered restoration of victim’s dignity and respect and to compensate for all his losses while pronouncing a ‘Landmark Judgment’.

In the wake of the concurrent judicial findings of the Court, he should have been restored to his former status and position and adequately compensated for his mental agony and sufferings. Unfortunately, the UAE authority acted in total defiance of the findings and sentiments expressed by the judicial establishments of that country and on September 28, 1996 the petitioner was deported to India as if he was punished for a crime.

After reaching India, the petitioner has made every effort to uphold his dignity and his rights. In October 1996, a writ petition was filed before the Hon’ble Supreme Court of India. The Supreme Court directed Delhi High Court deal with it. The High Court of Delhi directed the Government to settle the matters within two months. On January 28, 2004 the High Court of Delhi observed in its order that the Government should inform the Court of the steps taken to protect the rights of the petitioner.

The judgment dated 19-9-2007 of the Delhi High Court had extracted a previous letter of the Government reading: “Shri. Jabir should pursue his legal action already done by him through the UAE Courts. Although under Section 86 cannot be granted for suing the UAE Government, we are taking up the matter with our Embassy in Abu Dhabi once again, requesting them to pursue this case at appropriate level”.

The petitioner’s letter to the MEA on July 04, 2012 enquiring the status of the case under the Right to Information Act was answered by an evasive reply that they do not have any records of the case with them. The anguish of the citizen can be imagined.

Under international law, the state is responsible for all actions or omissions of its officials and organs. This is the function of the basic rules of international law concerning the responsibility of States for their internationally wrongful acts and the legal consequences which flow therefrom. The ‘successor governments’ also remain bound by the acts incurred by the ‘predecessor governments’.

In January 30, 2013 endeavours were made by the petitioner towards a strategy formulation and implementation of ‘Mutual Human Rights Law and Reparation Mechanisms’ between the Government of India and the GCC (Gulf Cooperation Council) countries, mandating our elected representatives and officials to eliminate discrimination and imbalances of millions of overseas Indians working in different countries. This also involves the recognition and protection of the dignity and respect of individuals.

In response, the MEA, New Delhi, explained that the government of India has established various arrangements for the welfare of Indian community and assistance to the distressed Indians abroad. Later, the same ministry has written that whatever the arrangements it made for the welfare of Indian community and assistance to the distressed Indians abroad are only their ‘VISION’ and nothing else!

The officials of the Ministry of External Affairs should feel themselves guilty of their inaction in protecting the innocent Indians trapped in false cases in the UAE and other Gulf (GCC) countries.

The tragedy of this generation is that the “victims” are always neglected. Their agonies, losses and sufferings are never resolved. As long as the tears of the victims are not wiped, all the progressions we have made hitherto are only ‘teasing illusions and promises of unreality’.

[The petitioner’s case had been espoused by a great jurist and Judge of the Supreme Court of India – 'Justice V.R. Krishna Iyer'. 'Senior Advocate K. Sukumaran', a former Judge of the High Courts of Kerala and Bombay appeared in the matter before the Supreme Court and the High Court of Delhi].

[P.K. Jabir can be contacted at: info@legalcell.com]

Legal Instruments & Reference Links:

Mindful, in particular, that a judgment debt is hanging over the Abu Dhabi Emirate, United Arab Emirates. The judgment is binding and enforceable by the court of Abu Dhabi from where the ruling came from. The Judgment debt of Abu Dhabi, can be eliminated or satisfied by the enforcement of judgments and legal remedies… “Reputation of Abu Dhabi, United Arab Emirates!”

 

Posted in Abu Dhabi, Al Wathba Central Prison, Arab Spring, boycottuae, Consular Relations, Court of First Instance, Deportation, Devyani Khobragade, Diplomatic Immunity, Diplomatic Protection, Diplomatic Relations, Emirati courts, Government of India, Human Rights, Human Trafficking, India and United States, India’s Rotten Diplomacy, Indo-Gulf Reparations, International Treaty Laws, Khobragade Scandal, Landmark Judgment, Legacy of Torture UAE, Middle East, Ministry of External Affairs, New Delhi, P.K.Jabir, Preet Bharara, Sarah Leah Whitson, Sheikh Khalifa, Supreme Court of India, U.S.State Department, UAE, UAE Appellate Judgment, UAE Judgments For Sale, UAE Plots, UAE Supreme Court, Uncategorized, United Arab Emirates, United Nations, United States, Vienna Conventions, William Wilberforce | Tagged , , , , , , , , , , , , , , | Comments Off

“Truth and Justice are being nakedly sacrificed for UAE’s Reputation”

Sheikh Khalifa bin Zayed Al Nahayan, president of the United Arab EmiratesReputation! Reputation! Reputation! “Truth and Justice are being nakedly sacrificed for UAE’s Reputation”
Press release: January 10, 2014

Introductory Note

The terrifying real-life experience of the petitioner, an Indian national, will speak about the cruelties of Abu Dhabi, much louder than words.

The Government of India has never risen to occasions against the brutality and humiliation inflicted upon an Indian citizen in UAE despite multiple judgments from that country in his favour.

Under international law, the state is responsible for all actions or omissions of its officials and organs. This is the function of the basic rules of international law concerning the responsibility of States for their internationally wrongful acts and the legal consequences which flow therefrom.

“We therefore specifically demand that all the progressive and democratic governments must adopt a ‘victim-centered approach’ in their criminal justice process and thereby strengthening the Integrity of the Judiciary and people’s confidence in our Justice System”.

‘Please find the following brief from behind the scenes’ and that’s how the ruling regime of Abu Dhabi and United Arab Emirates (UAE) has lost its ‘Reputation’! (‘Reputation is an idle and most false imposition; oft got without merit, and lost without deserving’ ― William Shakespeare, Othello)

“Truth and Justice are being nakedly sacrificed for UAE’s Reputation”:
Download the authentic document in PDF (Size: 374 kb)

(Scene One) Primarily in a civil case, it was for a defeated landlord

When a dispute arose with a local landlord, the petitioner as on behalf of his contracting firm, instituted a civil suit in Abu Dhabi Court for settling the issue. The conspiracy on the part of landlord, to avoid paying debts was one of the important and thrusting points in the civil suit. An interim order was granted by Abu Dhabi Court of Justice in favour of the petitioner.

The defeated landlord turned against the petitioner and took recourse to all illegal and unethical means to regain his ‘Reputation’. The landlord was claiming to be a close associate of the ‘Crown Prince’ of Abu Dhabi. He abused the acquaintance and intimacy with the office of ‘Crown Prince’ for making wrongful gain at the expense of the petitioner. Certain corrupt police officials colluded with him. Making a forcible entry into the petitioner’s place, the petitioner was threatened to withdraw the Civil Suit.

The petitioner was brutally tortured and literally dragged out of his office along the street in the presence of known friends and bystanders. He was confined to a detention center where he was again tortured in a horrifying manner and rushed the unconscious victim to hospital-emergency. He was subjected to the greatest ordeals by being taken from hospital to the underground lock-up and illegally kept incommunicado in solitary confinement. He was confined to secret detention centers in different days with all sorts of malpractices resulting in injury, bodily damage and injury to his reputation.

The petitioner was threatened with dire consequences if he did not agree to withdraw the civil suit filed against the landlord. But he did not accede to their extortion threats. The dreadful agony and blackmailing was intensified thereupon; he had to undergo extremes of cruel torture and humiliation from Abu Dhabi Police which no human being can withstand. However, he was spared from death. After four months of arrest, a false case was registered against him, alleging “Using force against Government employee and assault”. It took six months thereafter, for the petitioner to have his first appearance in Court.

(Scene Two) In the Court of First Instance, it was for the Prosecutor in pursuit of his notoriety and fame;

The Court listened to the evidences of eye-witnesses from different Nationalities. “The witnesses did not care the threat of State Police and Public Prosecution, and they dared to explain the facts”. Mr. Saleem Raza, a Pakistani who said a policeman was holding an iron bar of one meter length in his hand, threatening anyone who came near the office premises of the accused and was shouting “Indian, Pakistani and Bengalis all are thieves and procurers”.

Mr. Zulfiqar Ali who gave similar statement, moreover he added-that the appellee have neither resisted the police nor they have beaten anyone from the patrolling squad and that the appellee are of good nature “I am a Pakistani and they are Indian, no relations are between us, and my testimony is based on truth only. Further the Court listened to the statement of the 3rd witness Mr. Shirban Kalobar from Iran, whose testimony came similar to the declaration of the first two witnesses.

The innocence of the petitioner had been ultimately upheld by the Hon’ble Judge of Abu Dhabi Legal Court of First Instance. The Court found that, the Prosecutor was guilty of proceeding against the petitioner. The Court acquitted the petitioner of all the charges leveled against him and directed the authorities to prosecute the Policeman involved and also the Landlord –for being guilty of deception.

At this stage, the Prosecutor got offended, and he took up the case further, to regain his ‘false prestige’. The office of the Public Prosecutor, Abu Dhabi filed an appeal against the decree of the legal court of the first instance.

(Scene Three) By losing in the Apex Court of Abu Dhabi, it’s ultimately linked with the Ministry of Interior, United Arab Emirates (UAE) for its grossly inflated ‘Reputation’

The case finally came up before the Apex Court, comprising the three-judge panel. The petitioner was granted bail on the filing of the appeal. However, despite the bail and sureties he was not released from the prison. During the hearing, the Police officer dropped his claim from his complaint with a declaration attested by the Notary Public. Finally, the Landlord and the Prosecutor followed the suit and told that they have absolutely no case against the accused.

The eminent Jurists Panel of Apex Court cross-examined all aspects of the case and found that the accused was innocent; rather ‘a martyr’.

“The Court observed that all the pieces of evidence indicated the properness of the behavior of victim, the accused. The Court having been convinced about the innocence of the victim quoted the ‘Islamic Law’ that should be practiced by everyone following the Islam Religion. The case was wholly false, baseless and that it was fabricated by the police for personal gain. The appellate review highlighted the culpability of the policeman and emphasized the notoriety of his actions and violations of Human Rights. “It further reiterated the condemnation of prosecutor”. The Court, therefore, ordered restoration of victim’s dignity and respect and to compensate for all his losses while pronouncing a ‘Landmark Judgment’ .

In spite of all that, the UAE Administration, in a supremely foolish and cowardly manner disagreed to execute the orders of the highest Judiciary of that land, as they thought it would affect the UAE’s Reputation. To overcome this uncomfortable situation and to uphold their grossly inflated ‘Reputation’, the Administration deliberately chose to give a fatal blow to the ‘Judgment Creditor’, who won the lawsuit, with a continued incarceration instead of enforcing the Judicial rulings, the immediate release of the victim and to restore the dignity and respect of the victim.

(Scene Four) New sequence of fatal events by the UAE Administration, the ‘Judgment Debtor’

It was only after three months a new sequence of fatal events unfolded by the UAE Administration, who is in fact the ‘debtor’ in the case against which an unsatisfied court order was awarded. The UAE Administration treated the ‘Judgment Creditor’ as an offender instead, and passed yet another illegal and unconstitutional order of deportation, quoting the very same fabricated charge of “Using force against Government employee and assault” (the charge had been struck down earlier by the Lower Court and the Apex Court of Abu Dhabi by concurring verdicts; on the contrary, it was proved that both the plaintiff and police personals were the aggressors who cruelly assaulted the victim without any provocation) and deported the petitioner to India as if he was punished for a crime’.

Thus, in this case, the ‘Truth and Justice have nakedly been sacrificed for UAE’s Reputation’. The agony of petitioner continues unabated.

EndNote

As per the Law prevailing in the UAE and its high values reflected by the periodic propaganda through the media, the Executive of the State was duty bound to adhere to the orders of the Judiciary of the land. It is respectfully submitted that flouting the orders of a judicial body is totally destructive of the Rules of Law and norms internationally upheld for safeguarding Human Rights.

Principal Resources

International Treaty Laws
Articles on Diplomatic Protection 2006
Articles on Diplomatic Protection 2006
Vienna Convention on Consular Relations (VCCR) 1963
Vienna Convention on Consular Relations 1963

Vienna Convention on Diplomatic Relations (VCDR) 1961
Vienna Convention on Diplomatic Relations 1961

Read more information on International Law
Read more information on International Law

Posted in Abu Dhabi, Al Wathba Central Prison, Arab Spring, boycottuae, Court of First Instance, Deportation, Emirati courts, Government of India, Human Rights, Indo-Gulf Reparations, International Treaty Laws, Landmark Judgment, Legacy of Torture UAE, Middle East, Ministry of External Affairs, P.K.Jabir, Sarah Leah Whitson, Sheikh Khalifa, Supreme Court of India, UAE, UAE Appellate Judgment, UAE Judgments For Sale, UAE Plots, UAE Supreme Court, UAE's Reputation, Uncategorized, United Arab Emirates, United Nations | Tagged , , , , , | Comments Off