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A Portfolio of UAE Judgments For Sale!


JFS
"Marking the 20th Anniversary of the 'Abu Dhabi Police-Looting' in Abu Dhabi, United Arab Emirates"

'Unique is the case of ‘Judgment Creditor’; disgracefully the perpetrator is the ‘Executive Branch of Abu Dhabi,
United Arab Emirates' - "White Paper"

"JUDGMENT ENFORCEMENT CAMPAIGNS"
The ‘Judgment Debtor’, the Late Sheikh Zayed bin Sultan Al Nahyan, former UAE President and Ruler of Abu Dhabi Emirate, was also instrumental in defrauding or cheating the Creditor to avoid honoring his moral obligations and assigned responsibilities. However, the ‘Successor Regime' is obliged by law to compensate the Judgment Creditor.

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’. ...Together, let’s end Judgment Fraud in the UAE!

How do I become a voluntary contributor? Visit Link: "I am a Voluntary Contributor"

A Portfolio of UAE Judgments For Sale!


The Hon’ ble Judges of the Appellate Court of Abu Dhabi, comprising the three-judge panel before whom the case of the victim came for final hearing, upheld the finding of the Trial Court that the case against the ‘victim’ was absolutely false and that it was a fabricated case by the police of Abu Dhabi to satisfy the greed of a local property dealer who exerted unauthorized power. The judgment was directly blaming the Government functionaries, the Abu Dhabi police for its racketeering, and the Public Prosecution who recklessly and repeatedly broke the rule of law and issued false statements to mislead the authorities.

Disturbingly, the other Govt functionaries, the Ministry of Interior and the Emigration department dishonestly conspired with the Public Prosecution for hiding exonerating evidences and Judicial decisions to defraud a victim of torture. To this end, it was explicitly clear that all the above mentioned functionaries of Abu Dhabi, UAE Government posed as agents of a criminal, who has already been convicted of serious fraud.

The events involved in the tragic case of the victim, which threw him out of his flourishing business field in Abu Dhabi, UAE and in the Middle East to a highly painful and devastating situation in his life could be briefed below:-

1) Reparations Pending - A wrong end of a civil lawsuit - Breaches of obligations
  • Serious Breaches of Obligations under peremptory norms of the UAE Law
  • a).The entire issue starts after the petitioner signed a lease contract of a multi-storied building with a local property dealer in Abu Dhabi.
  • b).The landlord was not intent to perform his obligations under the terms and conditions of the contract worth AED 1.08million Per Annum.
  • c).The petitioner initiated all sort of renovations including painting, replacement of civil, electro-mechanical fittings worth 3 lakhs AED.
  • d).The landlord knew the possible hike in rentals he could then make and he wanted to break off the lease agreement of the building.
  • e).The landlord had sold some of these flats to others against the terms of the contract and contrary to law.
  • f).The petitioner was advised to institute a civil suit in Abu Dhabi Court for settling the issue.
  • g).The Honorable judge of the civil court awarded an interim judgment in favour of the petitioner.
  • h).The Judge warns landlord about the seriousness of legal implications he would have to face and the damages he will have to pay.
  • i).The landlord and his men in police start threatening with serious consequences if the petitioner failed to withdraw the civil suit.
  • j).The petitioner could not yield to such illegal and unjust demands and therefore refused to accede.
  • k).The request for help to the local police was ignored and was not made available to the petitioner.
  • l).The duty and responsibility of the authority to protect the petitioner against the threats of violence was left unattended.
  • m).The domestic law and the international law recognizes that States bear the primary responsibility to prosecute those responsible.
2) Reparations Pending - The AD-Police involved Looting, Wrongful Arrest, Torture and Detention
  • The petitioner was repeatedly threatened and blackmailed into withdrawing the civil case
  • a).The landlord colludes with police, breaks into the office of the petitioner, ransacks the entire office in search of civil case records
  • b).The police along with the landlord taken away the entire cash and valuables from the office lockers that proved outright looting.
  • c).The petitioner sought intervention from the local police. The police came, but instead of helping the victim, they joined the intruders
  • d).A policeman was holding an iron bar of one meter length in his hand, threatening anyone who came near the office premises.
  • e).The petitioner was subjected to the most inhuman treatment in a violent, brutal and terrifying manner.
  • f).The policemen dragged the petitioner to the police jeep through the street in the presence of known friends and bystanders.
  • g).A policeman who was standing outside was shouting "Indian, Pakistani and Bangalis all are thieves and procurers"
  • h).Later, the victim was confined to an underground detention center where his ruthless torture continued.
  • i).Due to the heinous forms of torture by police, victim fell unconscious and was taken to Central hospital-emergency, Abu Dhabi.
  • j).Treatment was made without removing the shackles, hands cuffed behind the back. Around 12 X-rays were taken there in.
  • k).The petitioner was transferred to Central Hospital-ward, next day morning he was taken back to the detention center.
  • l).The petitioner was warned about the consequences if not withdraw the civil suit which was filed against the landlord.
  • m).The threatening and blackmailing was continued for 21 days, Later the victim was taken to central prison at Al Wathba.
  • n).It was an example, how the police and public prosecution in Abu Dhabi brakes the rule of law and the victims rights.
  • o).Imprisonment and inhuman torture of the victim continues at the Al Wathba prison, Abu Dhabi.
  • p).The petitioner was not allowed to communicate with any one.
  • q).The petitioner’s Contracting and trading activities get stammered, causing heavy loss.
  • r).The public prosecution have demonstrated extraordinary misconduct in its investigation to help the wrongdoers
  • s).The victim was brought to the court on 27 occasions, dragged with shackles, manacled and cuffed on both hands and legs.
  • t).The trip was 120 km in an open or armoured truck to the Court and the return there from through desert in harsh weather.
  • u).The victim was kept waiting all these days in a small and narrow room without any ventilation, but not called up for hearing.
  • v).The witnesses of the victim and his counsels were present, but their depositions were also not recorded.
3) Reparations Pending - Non Execution of Judgment - Abu Dhabi Court of First Instance
  • Court Appearance And Trial Proceedings:- Non Execution of Judgment - Abu Dhabi Court of First Instance
  • a).The petitioner was presented only after six months in the Court of First Instance, Abu Dhabi.
  • b).The petitioner was charged with "using force against Government employee and assault".
  • c).The Court listened to the evidences of eye-witnesses from different nationalities.
  • d).The witnesses did not care the threat of State police and public prosecution, and they dared to explain the facts.
  • e).Fully convinced, the Judge found that the case against the victim was fabricated on the master brain of police official.
  • f).The court ordered an enquiry and prosecution for the wrongful conduct of the police and the landlord who was guilty.
  • g).The Trial Court acquitted the petitioner of all the charges leveled against him.
  • h).The public prosecution took a negative stand in the matter, went for appeal in the Apex Court.
4) Reparations Pending - Non Execution of Judgment - The Appellate Court, Abu Dhabi
  • The Appellate Court Proceedings:- The Appellate Court, Abu Dhabi.:- Non Execution of Judgment
  • a).The petitioner was granted bail on the same day of the appeal, at the Appellate Court Abu Dhabi.
  • b).However, despite the acquittal and bail and sureties the petitioner was not released from prison.
  • c).The Appellate Court also upheld the finding of the Trial Court and commended adversely and strongly against the illegal acts of the officials.
  • d).The policeman dropped his claim in the court with a declaration attested by the Notary Public, Abu Dhabi.
  • e).The landlord too declared that he had no case against the victim and accepted his attempt to create false evidence against the victim.
  • f).The other two policemen involved in the case declared, that they were misguided by the police officer.
  • g).The Apex Court also found that the case against the victim was fabricated and that he was innocent of all the charges leveled against him.
  • h).The Apex Court illustrated the petitioner as a ‘martyr’ in its final Judgment and highlighted the intense miseries he went through.
  • i).The Court also ordered the State officials to pay him compensations for all the financial losses he suffered and restore his status and dignity.
  • j).The legal court of appeal was fully satisfied and praised the conduct of the petitioner throughout the judicial proceedings.
  • k).The judgment was directly blaming the State organ, the Abu Dhabi police department for its racketeering.
  • l).The judgment was also blaming the public prosecution who recklessly broke the rules and mislead the authorities.
  • m).The public prosecution never made its appearance for execution of this historic judgment.
  • n).The public prosecution was not willing to enforce the judicial decision of both the courts.
  • o).According to the rule of law, Government of Abu Dhabi was duty bound to implement the Judgment and award due reparations to the victim.
5) Reparations Pending – Deportation, a blatant disregard for the Law and Courts' Judgments
  • Every internationally wrongful act of a State entails the international responsibility of that State
  • a).The Public prosecution unleashed its devilish power, the power with impunity, under the UAE’s Governmental machinery.
  • b).The prosecution issued false statements to jail authorities and so, the victim continued to languish in the prison.
  • c).After a period of 3 months, a deportation order was passed by the Head of security affairs Dept., Ministry of Interior, U.A.E.
  • d).Deportation issued by the executive without any Judicial support, was a flagrant misuse of the administrative procedure.
  • e).The victim was immediately deported to India, it was proved the authorities dishonestly conspired to commit a fraud against the victim
  • f).The victim was deported in utter defiance of the judgment of the highest Court of the land that the victim was a martyr and innocent of all the charges.
  • g).The Honorable Court also had directed the authorities to compensate the victim for all his losses and restore his dignity.
  • h).State was legally bound to protect a victim, instead, it proceeded against a victim without giving him the due reparation as ordered by the Court.
6) Reparations Pending – Defamation, a blatant disregard for the Law and Courts' Judgments
  • A false statement capable on instilling fear, which prevents others from associating or dealing with the victim
  • a).Abu Dhabi officials treated the ‘Judgment Creditor’ in a manner that was extremely libelous, as if the victim was punished for a crime.
  • b).The highest degree of vengeance on the part of UAE’s Governmental machineries is revealed when they flouted the law of the land.
  • c).The deportation order issued by Head of security affairs, it reads “Under the charge of applying force against a government employee”.
  • d).The false statement that left the victim in a worst position that he was sentenced for a crime, that deprived of his dignity and legal rights.
  • e).The Apex Court had already found the claim against victim was fabricated, on the contrary it was the policeman who assaulted the victim.
  • f).The officials of Ministry of Interior, U.A.E., dishonestly conspired to commit a fraud against the victim in order to avoid due reparations.
  • g).The issuance of a false statement which could instill fear and suspicion in the general public, associating or dealing with the victim
  • h).The functionaries of Abu Dhabi Government posed as agents of a criminal, who has already been convicted of serious fraud.
  • i).The domestic law permits recovery for reputational harm and economic losses flowing from the falsity of a defamatory statement.
7) Reparations Pending – Visa Cancellation, a blatant disregard for the Rule of Law and Courts
  • There was no legality to cancel a valid Residence permit of a rightful investor
  • a).The victim was not involved in a crime or any consequences that may ultimately remove him from the UAE.
  • b).The victim was living in the UAE over the last 18 years and was a sole investor of a group of businesses.
  • c).The Trial Court acquitted the petitioner of all the charges leveled against the victim.
  • d).The policeman dropped his claim in the court with a declaration attested by the Notary Public, Abu Dhabi.
  • e).The higher Judiciary of the UAE upheld the innocence of the victim by concurring verdicts.
  • f).The court was ruled that, there is not a shred of evidence which can prove the accusation.
  • g).An excerpt of Judgment it reads "All the evidence indicates to the appropriateness of his behavior".
  • h).The Immigration department of Abu Dhabi cancelled the victim’s residence permit, with wrongful intention.
  • i).There was no legality to cancel a valid residence visa of a rightful investor and self-sponsor of the UAE.
8) Reparations Pending - Affixing No Entry, a blatant disregard for the Rule of Law and Courts
  • Passport showing evidence of crime, will affect a person's immigration status
  • a).The Immigration of Abu Dhabi has made an endorsement of ‘No Entry’ in the passport of Judgment Creditor.
  • b).‘No Entry’ on a passport generally noticed with the criminal grounds of a person or fear and hatred of strangers.
  • c).Endorsing ‘No Entry’ on a passport would make the bearer ineligible, resulting a greater adverse impact on his dignity.
  • d).The victim, the passport holder, was not intimated about any grounds justifying such an endorsement.
  • e).The Immigration of Abu Dhabi has no authority to affix a “No Entry” stamp in a valid Indian passport without any reason.
  • f).A passport or travel document Under Clause No.17 of the Indian Passport Act, 1967 is a property of the Central Government.
  • g).It was an illegal action of the officials, and no justification can exist for ignoring facts and violating Norms of the law.
  • h).The officials of Immigration at Abu Dhabi airport dishonestly conspired to commit a fraud against a Judgment Creditor.
  • i).Affixing “No Entry Seal” on the passport of a person restricts on the free movement to that country.
  • j).It's the responsibility of UAE officials to avoid mistakes which lead to impunity for serious human rights violations.
9) Reparations Pending – Loss of Trust and Reputation
  • Loss of trust, reputation and corporate identity
  • a).The goodwill, prestige, image and trust, all painstakingly built over the last 22 years of prime of his life.
  • b).A corporate identity was established with due professional care and attention that had been tarnished.
  • c).The creation of trust and reputation that worth many times the worth of its physical assets.
  • d).Assumed value of the attractive force that generates sales revenue in the business.
  • e).The value to its virtual assets, brand building and promotional campaigns.
  • f).Lost opportunities including loss of legal rights and social status.
  • g).The clientele, well wishers and earning potential.
10) Reparations Pending – Business Loss at about 100 million US Dollars
  • The loss of Group of concerns of the petitioner could be estimated at about 100 million US Dollars
  • a).Premier General Contracting Est. in Abu Dhabi, UAE., (View General Contracting Est)
  • b).Ramla Electro-Mechanical Establishment, Abu Dhabi, UAE., (View Electro-Mechanical Est)
  • c).Summer Pool Building Material Trading Est., Abu Dhabi, UAE., (View Trading Est.)
  • d).The Loss of Physical Assets, loss of material damages and strategic resources.
  • e).The establishments of which could be estimated at about 100 million US Dollars
  • f).The value to its physical assets, earning potential and human resources.
  • g).The value including work contracts and procurement in projects.
11) Reparation Pending: Medical Expenses
  • The overwhelming costs associated with medical bills and special care
  • a).It is believed that survivors of torture never fully recover from the impact.
  • b).The petitioner is a victim of solitary confinement, grave torture and pain caused by deprivation.
  • c).The petitioner was admitted in Hinduja hospital Mumbai by the next day of his release from UAE Prison.
  • d).There the petitioner was treated by different doctors from multi-specialties including psychiatrists.
  • e).The petitioner was advised diabetic treatment, insulin due to the pancreatic diseases and other disorders.
  • f).The petitioner had a greater degree of stress and physical harm as a consequence of brutal torture methods.
  • g).The harm inflicted has profound,lifelong consequences on the petitioner's physical and psychological health.
  • h).The petitioner is still being treated for traumatic wounds, lasting physical damages and related disorders.
  • i).The recurring medical expenses of the petitioner is the responsibility of Abu Dhabi, the erring State.
12) Reparation Pending: Legal Expenses
  • Indeed, the UAE Government will be solely responsible for all the costs and consequences arising thereof
  • a).Everyone who has been the victim of illegal arrest and detention shall have an enforceable right to compensation.
  • b).Under the provisions, the permission of the Government of India is needed to file a suit against the foreign country.
  • c).The efforts of petitioner to secure such permission in India through legal remedies entailed much time and expenses.
  • d).The petitioner is continue with legal proceeding and progress to pursue remedies against the offending State of UAE.
  • e).A near-death experience of petitioner and his first-hand knowledge of the realities are ample illustrations.
  • f).The Supreme Court has a major role towards the protection of human rights and consequences arising thereof.
  • g).Where a noble businessman from India was fraudulently made a 'victim' of the most heinous forms of torture.
  • h).The UAE Government is responsible vicariously for the crimes, torts and other illegal actions of its officials.
  • i).Legal Expenses incurred by the petitioner for conducting his case has to be paid by the UAE, the erring State.

Demanding Justice, Truth and Court-ordered reparations
  • Active involvement in the process of getting justice and its implications

1) ‘Indo-Gulf reparation mechanisms’ a concise summary of representation

Strategy Formulation and Implementation of a 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 Non-resident Indians (NRIs) working in different countries. This also involves the recognition and protection of the dignity and respect of individuals. A concise summary of representation


2) Ministry of External Affairs, New Delhi

With the gruesome experience in the UAE, the petitioner is fighting for justice ever since his deportation. He has made a representation to the Union Government of India and other authorities asking them to grant him leave to institute legal proceedings against the state of UAE. Unfortunately, there has not been any tangible action, in spite the direction of the High Court...View the updated information under RTI Act Letter No. RTI/551/763/2012 /July 11, 2012 Ministry of External Affairs, New Delhi


3) A writ petition before the Supreme Court of India

A writ petition filed before the Hon’ble Supreme Court. The facts enumerated therein would clearly establish the callous attitude of the authorities in UAE. In October 1996 the Supreme Court while taking cognizance of the case suggested the High Court deal with it. The very fact that the Supreme Court enabled us to withdraw the petition and file it under Article 226 of the Constitution in the High Court of Delhi, shows that the Hon’ble Court found merit in the case. (October 1996)


4) The whistleblower who reported revelations about Abu Dhabi prison conditions – November, 1996

A report published through press, sent registered letters worldwide including the United Nations, Human Rights authorities, Non-governmental Organizations, UAE Authorities and the Embassies of UAE about the deplorable prison conditions and other forms of cruel, inhuman and degrading treatment prevailing in that country, UAE @ The whistleblower who reported revelations about Abu Dhabi prison conditions - December, 1996...More


5) A ‘Legal Cell’ to help torture victims of United Arab Emirates - December, 1996

The petitioner initiated a 'legal cell' in December, 1996 attempting to help torture victims of United Arab Emirates (UAE). Time and again, the organization have received thousands of grievances from migrant workers and members of their families with desperate measures verging on a state of crisis or hopelessness. Different learning platforms and online publications were developed to create awareness and to end the human rights abuses as well as violations of the laws under the authoritarian regime of Abu Dhabi, United Arab Emirates...More


6) Office of United Nations High Commissioner for Human Rights, Geneva - 26 December, 1996

A representation of the case of petitioner along with a detailed report on the terrible prison conditions, torture and other forms of cruel, inhuman and degrading treatment in the United Arab Emirates (UAE) system, was submitted to the Centre for Human Rights, United Nations, Geneva. A reply from the Office of United Nations High Commissioner for Human Rights, Geneva...Full Text

7) The spreading awareness towards prison reform in Abu Dhabi taken into account by authority in the year of 1997

Letter received by the petitioner from Al Wathba Prison, later his release. The censor's seal is visible in each and every page. As to maintain security the prison administrators take steps by various means as such censoring the correspondence of prisoners. 'Censored letter from Al Wathba Central Prison, Abu Dhabi on prison reform'. (27 June, 1997)...Link


8) The petitioner has moved to the Delhi High Court. The Hon’ble High Court of Delhi

The petitioner has moved to the Delhi High Court. The Hon’ble High Court of Delhi, after hearing the Senior Counsel, Mr. K. Sukumaran, on behalf of the petitioner who filed the writ petition, was pleased to issue a mandamus to the Government, the Ministry of External Affairs (MEA) to dispose off the petitioner’s case within two months from the date of Order (20-11-1997). The deadline set by the High court is long past. In the High Court of Delhi, Appellate Civil Jurisdiction: 20/11/1997... More Details


9) A representation in view of the proposal for an Universal Extradition Treaty.

In short, the truth can be summed up as follows:- “Extradition is possible only between ‘commendable’ states, that is, towards countries in which the minimum standards of the state of law are respected. 'The representation of the petitioner, dated 24-11-1997' ...More Details


Read all publications report on Active involvement in the process of getting justice and its implications


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Demanding Justice, Truth and Court-ordered reparations

Respect Judicial decisions and uphold the rule of law.

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. It should also be kept in mind that successor governments remain bound by the acts incurred by the predecessor governments. The Judgment debt of Abu Dhabi, can be eliminated or satisfied by the enforcement of judgments and legal remedies...Investors


Is the External Affairs Ministry of India above the Law?

The External Affairs Ministry, Government of India, was directed by High Court of Delhi to dispose of the representation submitted by petitioner within two months of the date of the Judgment. The directives contained in the judgment of Delhi High Court was dated 20-11-1997. In total negation of such a specific order of the Delhi High Court, the External Affairs Ministry, despite the lapse of 16 years of date of the judgment, demonstrates a blatant disrespect to the law of the country. The legal instruments that a society or government develops in order to deal effectively with crime and meaningful relief to victims of their circumstances. When these legal principles are ignored it would only erode the public faith and confidence in the judicial system...‘Read Publications’


Respect Judicial decisions and uphold the rule of law

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. It should also be kept in mind that successor governments remain bound by the acts incurred by the predecessor governments. The Judgment debt of Abu Dhabi, can be eliminated or satisfied by the enforcement of judgments and legal remedies. States as Guardians of the Rights of Individuals...More


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