Open Letter to H.H Sheikh Mohammed bin Rashid Al Maktoum, Vice-President & Prime Minister of UAE and Ruler of Dubai, to Claim Damages For Non-Enforcement of a Set of Judgments of UAE Courts & Outright Fraud

20th April, 2018 New Delhi. ‘Reparation Law News’

‘OPEN LETTER TO H.H SHEIKH MOHAMMED BIN RASHID AL MAKTOUM, VICE-PRESIDENT & PRIME MINISTER OF UAE AND RULER OF DUBAI, TO CLAIM DAMAGES FOR NON-ENFORCEMENT OF A SET OF JUDGMENTS OF UAE COURTS & OUTRIGHT FRAUD’

Download the Authentic  Open Letter to H.E. Dr. Ahmed Al Banna, the UAE Ambassador to India, to Claim Damages For Non-Enforcement of Judgments of UAE Courts & Outright Fraud, in PDF (Size: 530 kb)

From
Panikkaveettil K. Jabir, [Petitioner],
M/S. Overseas Indians’ Legal Cell, 501, Metro Plaza Building,
Market Road, Near High Court, Kochi, Kerala – 682 018.

To
H.H Sheikh Mohammed bin Rashid Al Maktoum,
Vice-President & Prime Minister of UAE and Ruler of Dubai, United Arab Emirates.

Sub. “Damages For Non-Enforcement of Judgments of UAE Courts &
Outright Fraud by the UAE Administration”

His Highness,

This ‘Open Letter’ is a reminder of the previous letter to H.E. Dr. Ahmed Al Banna, UAE Ambassador to India, Dated 28th Feb, 2018. Full text.

The Petitioner is forwarding herewith a copy of his latest representation to the Ministry of External Affairs, Government of India, dated 09th Feb-2018 for redressal of sufferings and deprivation of all his Rights and assets consequent on his fraudulent and inhuman deportation from the UAE in the year 1996 over-riding the fact that 4 successive Judgments in his favour from Abu Dhabi Courts, finding the UAE officials guilty of the most heinous crimes against him.

The petitioner was closely associated with the Private Departments of (Late) H,H.Shaikh Zayed Bin Sultan Al-Nahyan, from 1982 onwards, the then Emir of Abu Dhabi and also the President of United Arab Emirates, H.H. Sheikh Khalifa bin Zayed Al Nahyan, who succeeded Sheikh Zayed as ruler and many others in the ruling family. He had registrations with all the major Oil & Gas Companies on behalf of his firms General Contracting & Trading Est., with all mandatory Governmental Licences, for bidding/tendering/projects/participations etc., and contributed much to the developments of Abu Dhabi Emirate. The petitioner was one of the first India-born real estate investors in Abu Dhabi, UAE, which is a multi-trillion US dollar industry today.

This is a case of personal and racially aggravated attack with malicious motives by ‘higher officials of Abu Dhabi’, UAE, in collaboration with Police, to stop an ‘execution of a Decree’ awarded by the Civil Court on an Apartment Tower  contract  in 1995,  which involves extortion, trespassing, inhuman torture, illegal detention,  criminal conspiracy and fraud against an Indian investor.

[The following part was a significant turning point in this case, it also exposes the deplorable state of affairs in the Administration of Abu Dhabi Police, during the period of the petitioner’s case; in the year 1995].

“In the instant case, the Abu Dhabi policemen did their atrocious acts towards the petitioner in a terrible manner and were caught red-handed by the Petitioner while committing burglary at his office. Thereby they already lost their face.

The policemen who came responding to the alert of the Petitioner, unjustifiably protected the trespassers who were the  law breakers and jointly attacked the petitioner so horribly, worse than death, at the instance of the local Emirati  (the friend of ‘Crown Prince Mohammed bin Zayed al-Nahyan’) for getting illegal gains and to circumvent the Court’s order in force against him. The Petitioner and his younger brother were literally kidnapped from their office by the policemen and were held as a shield against their aggravated crimes.

The Criminal Court found the offenders (A group of policemen and the local Emirati) were guilty and, therefore, passed orders to investigate the crime committed by them. Then followed several other Court Judgments and orders in absolute in favour of the petitioner including the highest Court of Abu Dhabi, against the culprits”.

An excerpt from the Apex Court Judgment reads 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 a man was killed, while protecting these, he is considered to be a martyr. And limitation of his freedom without any rights is an unforgiving crime and the same is mentioned in the provisions of articles 2 and 3 of the Penal Procedures Code. And it is proved in this case that the policeman along with the plaintiff went to arrest the accused and to limitate his freedom….” (Apex Court Judgment, 188/1996 dated 19/5/1996 Abu Dhabi, United Arab Emirates).

The enforcement of a Judgment is regarded as an integral part of the fundamental Human Right to a fair trial in a reasonable time. That has been violated. Worst still, the Judgment-debtor, the UAE ruler, bypassed all the laws to commit the offense of defrauding the Judgment Creditor in the most cruel and diabolical manner, to deny him the fruits of the decrees obtained by him, forced him to leave behind his well established three business concerns, real estate properties and other investments, images and reputation in the UAE, hard earned by his blood and sweat and valuable expertise in profession.

After arriving India in 1996, the petitioner had submitted very many representations to your Excellency, as a respondent in the case, detailing his inordinate sufferings due to the patent violations of Human Rights perpetrated against him by your country. Two Judicial Orders were also passed by the High Court of Delhi to you (after approaching the Supreme Court) to settle the case.  A period of twenty two years is passed by till date, but there was no response/acknowledgement was received to any of them.

The Petitioner is yet to receive any relief from the country you are privileged to represent in India.  In recent times, the scenario  in legal area has changed entirely.  That a citizen of any country can seek relief from another country (including UAE) has been established, and also acquiesced in by UAE.

The issue of summons to the UAE Ambassador in America, in a Civil Suit instituted in 2009 in a U.S. District Court against UAE (against the top three members of the UAE’s ruling family, who were accused of roles in the abduction and torture) has led to this important development.  Though the charges and jurisdiction of American Court were questioned initially by UAE, it was conceded as evidenced by settlement reached in between the U.S. citizen and UAE.  It is, therefore, open to Indian Courts or authorities to give relief to a person in India, to sue your Government as well in the light of the legal development.

In the present case, UAE Government has additionally made investments in various parts of India.  Your Government is also engaging in trading and commercial activities worth billions of US dollars.  UAE owns properties in the State of Kerala as well.

Before instituting a Suit against you and your country in the light of subsequent development, the Petitioner felt, and he was advised by the Legal Cell of the Indian Society of Authors (with a former Judge of Kerala High Court as Chairman), and members like Judges of the Mumbai and Kerala High Courts and other Government Lawyers that,  it would be desirable to appraise you about his intention to file a Suit in Kerala for securing relief overdue.

The Petitioner would certainly like to avoid a legal battle, wasteful and long drawn out. This letter is to request you humbly, to compensate him for the damages he has sustained under the various counts including violation and deprivation of the Human Rights, and torture and for the deprivation of all his businesses, assets and earnings situated in UAE at the time of his illegal deportation.  The compensation due to him, would be very substantial, aggregating to very many millions of US Dollars. The Petitioner would be only happy in the circumstances, if you could settle his claim, or agree for a settlement by known legal methods including Arbitration as regards quantum of compensation;  Arbitration by a mutually agreed authority.  He would prefer the direct settlement between the parties.

The UAE is liable to pay the petitioner for all the natural and direct consequences of its wrongful act. Apart from actual loss and exemplary or punitive damages, he is entitled to get compensatory damages for pecuniary and non-pecuniary losses, aggravated damages for pain and sufferings, violation of his dignity, respect and rights,  as detailed in the representation filed before the Government of India, towards the price of his business assets, real estate investments left behind in the UAE when he was illegally deported; and the business profits and gains and its market value he would have earned, as well as other expenses for all these years that followed.

There was not merely criminal failure on the part of the authorities in the implementation of a set of Judgements of the Court of Law (in the case relating to aggravated assault, burglary etc.) The authorities are also liable to compensate the petitioner for his intangible injuries as damages suffered from physical and psychological pain as result of the unjust and illegal actions of the authorities, continued up to the deportation and resultant deprivation when he landed in his home land, bereft of any assets whatever.

The (irremediable) damages inflicted on Petitioner by UAE authorities and its far-reaching repercussions:-

Mental distress (by aggravated assault, abduction, detention, extortion, and inhuman torture);

Anguish (resulting from the impact of torture, and deprivation of businesses, investments, company staffs and employees and mental peace of the members of his family and relatives);

Grief (about the state of affairs of himself and the members of his family);

Anxiety (about his own health, ailments, and worries about his staffs, employees and his family) He had to suffer pancreas disorders, heart ailments, compelling him to be an inpatient in hospitals, and continuing to suffer such ailments requiring constant and massive medication;

Vexation (including that caused by the feelings of agony to himself and the members of his family);

Indignation (against the inhumanities of the administration);

Outrage (about the total lack of Rule of Law, and the feeling that even the judiciary is treated with contempt);

Wounded Pride (in the background of the loss of high esteem and dignity he enjoyed in UAE and his homeland India);

Loss of Faith (regarding the petitioner in friends and colleagues and the like. Such persons included businessmen attached to very prestigious investing establishments).

The petitioner  is entitled to compensation for this unique case of  repeated defrauding of the ‘Judgement Creditor’, torturing him to near death, and violating ‘Four Judgements of the UAE Courts’ in his favour and the like. Having regard to the serious nature of the loss and injuries suffered and continuing to be suffered, he is also entitled to an interim relief, on urgent basis, fixed at 120 million US Dollars [INR.782 crore].

The Petitioner seeks an expeditious remedy, in view of the sufferings undergone by him for a long duration of nearly twenty-two years.  As a founder member of ‘INSA’, (Indian Society of Authors, Kerala Chapter), the Petitioner have already requested ‘INSA’ to offer him assistance through their Legal Cell, and he expect that, the organization and its Legal Cell (with very many former Judges of the High Courts and Subordinate Courts and Senior Lawyers) to help him in the just and equitable cause.

The Petitioner expects a  response and reply before 14th May, 2018.  If there is no response, he will be constrained to resort to legal proceedings, holding you and your country responsible for all the costs and consequences thereof.

Yours faithfully,

Panikkaveettil K. Jabir, [Petitioner],

Encl:
Ref. Letter to Smt. Sushma Swaraj, Hon’ble Minister for External Affairs, dated 09-02-2018.

Open Letter [Main] to:
H.E Dr. Ahmed Al Banna, the UAE Ambassador to India, to Claim Damages For Non-Enforcement of a Set of Judgments of UAE Courts & Outright Fraud by the UAE Administration’

Open Letter [Copies] to:
1) H.H Sheikh Khalifa bin Zayed Al Nahyan, The President of UAE & Ruler of Abu Dhabi.
2) H.H Sheikh Mohammed bin Rashid Al Maktoum, Vice-President & Prime Minister of UAE and Ruler of Dubai.
3) H.H Sheikh Mohammed bin Zayed Al Nahyan, Crown Prince of Abu Dhabi and Deputy Supreme Commander of the UAE Armed Forces.
4) H.H Sheikh Abdullah Bin Zayed Al Nahyan, Minister of Foreign Affairs of UAE and International Cooperation.
5) H.H Lt. General Sheikh Saif bin Zayed Al Nahyan, Deputy Prime Minister of UAE and Minister of the Interior.
6) H.E Jamal Hussain Al Zaabi, The Consular General of the UAE, UAE Consulate, Thiruvananthapuram, Kerala.

Last Update: 20th April, 2018, New Delhi.

Return to the Legal Cell’s Founder CEO

Visit Case Exhibits: UAE.JABIR.NET

MISSION STATEMENT

Safeguard the Rule of Law by ensuring Justice, Freedom and Peace in society.

CASE LAW   |   RESOURCES   |  SOCIAL MEDIA   |   PUBLICATIONS   |   NEWS ROOM

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Open Letter to H.H Sheikh Abdullah Bin Zayed Al Nahyan, Minister of Foreign Affairs and International Cooperation, to Claim Damages For Non-Enforcement of a Set of Judgments of UAE Courts & Outright Fraud

20th April, 2018 New Delhi.‘Reparation Law’

‘OPEN LETTER TO H.H SHEIKH ABDULLAH BIN ZAYED AL NAHYAN, MINISTER OF FOREIGN AFFAIRS AND INTERNATIONAL COOPERATION, TO CLAIM DAMAGES FOR NON-ENFORCEMENT OF A SET OF JUDGMENTS OF UAE COURTS & OUTRIGHT FRAUD’

Download the Authentic  Open Letter to H.E. Dr. Ahmed Al Banna, the UAE Ambassador to India, to Claim Damages For Non-Enforcement of Judgments of UAE Courts & Outright Fraud, in PDF (Size: 530 kb)

From
Panikkaveettil K. Jabir, [Petitioner],
M/S. Overseas Indians’ Legal Cell, 501, Metro Plaza Building,
Market Road, Near High Court, Kochi, Kerala – 682 018.

To
H.H Sheikh Abdullah Bin Zayed Al Nahyan,
UAE Minister of Foreign Affairs and International Cooperation, United Arab Emirates.

Sub. “Damages For Non-Enforcement of Judgments of UAE Courts &
Outright Fraud by the UAE Administration”

His Highness,

This ‘Open Letter’ is a reminder of the previous letter to H.E. Dr. Ahmed Al Banna, UAE Ambassador to India, Dated 28th Feb, 2018. Full text.

The Petitioner is forwarding herewith a copy of his latest representation to the Ministry of External Affairs, Government of India, dated 09th Feb-2018 for redressal of sufferings and deprivation of all his Rights and assets consequent on his fraudulent and inhuman deportation from the UAE in the year 1996 over-riding the fact that 4 successive Judgments in his favour from Abu Dhabi Courts, finding the UAE officials guilty of the most heinous crimes against him.

The petitioner was closely associated with the Private Departments of (Late) H,H.Shaikh Zayed Bin Sultan Al-Nahyan, from 1982 onwards, the then Emir of Abu Dhabi and also the President of United Arab Emirates, H.H. Sheikh Khalifa bin Zayed Al Nahyan, who succeeded Sheikh Zayed as ruler and many others in the ruling family. He had registrations with all the major Oil & Gas Companies on behalf of his firms General Contracting & Trading Est., with all mandatory Governmental Licences, for bidding/tendering/projects/participations etc., and contributed much to the developments of Abu Dhabi Emirate. The petitioner was one of the first India-born real estate investors in Abu Dhabi, UAE, which is a multi-trillion US dollar industry today.

This is a case of personal and racially aggravated attack with malicious motives by ‘higher officials of Abu Dhabi’, UAE, in collaboration with Police, to stop an ‘execution of a Decree’ awarded by the Civil Court on an Apartment Tower  contract  in 1995,  which involves extortion, trespassing, inhuman torture, illegal detention,  criminal conspiracy and fraud against an Indian investor.

[The following part was a significant turning point in this case, it also exposes the deplorable state of affairs in the Administration of Abu Dhabi Police, during the period of the petitioner’s case; in the year 1995].

“In the instant case, the Abu Dhabi policemen did their atrocious acts towards the petitioner in a terrible manner and were caught red-handed by the Petitioner while committing burglary at his office. Thereby they already lost their face.

The policemen who came responding to the alert of the Petitioner, unjustifiably protected the trespassers who were the  law breakers and jointly attacked the petitioner so horribly, worse than death, at the instance of the local Emirati  (the friend of ‘Crown Prince Mohammed bin Zayed al-Nahyan’) for getting illegal gains and to circumvent the Court’s order in force against him. The Petitioner and his younger brother were literally kidnapped from their office by the policemen and were held as a shield against their aggravated crimes.

The Criminal Court found the offenders (A group of policemen and the local Emirati) were guilty and, therefore, passed orders to investigate the crime committed by them. Then followed several other Court Judgments and orders in absolute in favour of the petitioner including the highest Court of Abu Dhabi, against the culprits”.

An excerpt from the Apex Court Judgment reads 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 a man was killed, while protecting these, he is considered to be a martyr. And limitation of his freedom without any rights is an unforgiving crime and the same is mentioned in the provisions of articles 2 and 3 of the Penal Procedures Code. And it is proved in this case that the policeman along with the plaintiff went to arrest the accused and to limitate his freedom….” (Apex Court Judgment, 188/1996 dated 19/5/1996 Abu Dhabi, United Arab Emirates).

The enforcement of a Judgment is regarded as an integral part of the fundamental Human Right to a fair trial in a reasonable time. That has been violated. Worst still, the Judgment-debtor, the UAE ruler, bypassed all the laws to commit the offense of defrauding the Judgment Creditor in the most cruel and diabolical manner, to deny him the fruits of the decrees obtained by him, forced him to leave behind his well established three business concerns, real estate properties and other investments, images and reputation in the UAE, hard earned by his blood and sweat and valuable expertise in profession.

After arriving India in 1996, the petitioner had submitted very many representations to your Excellency, as a respondent in the case, detailing his inordinate sufferings due to the patent violations of Human Rights perpetrated against him by your country. Two Judicial Orders were also passed by the High Court of Delhi to you (after approaching the Supreme Court) to settle the case.  A period of twenty two years is passed by till date, but there was no response/acknowledgement was received to any of them.

The Petitioner is yet to receive any relief from the country you are privileged to represent in India.  In recent times, the scenario  in legal area has changed entirely.  That a citizen of any country can seek relief from another country (including UAE) has been established, and also acquiesced in by UAE.

The issue of summons to the UAE Ambassador in America, in a Civil Suit instituted in 2009 in a U.S. District Court against UAE (against the top three members of the UAE’s ruling family, who were accused of roles in the abduction and torture) has led to this important development.  Though the charges and jurisdiction of American Court were questioned initially by UAE, it was conceded as evidenced by settlement reached in between the U.S. citizen and UAE.  It is, therefore, open to Indian Courts or authorities to give relief to a person in India, to sue your Government as well in the light of the legal development.

In the present case, UAE Government has additionally made investments in various parts of India.  Your Government is also engaging in trading and commercial activities worth billions of US dollars.  UAE owns properties in the State of Kerala as well.

Before instituting a Suit against you and your country in the light of subsequent development, the Petitioner felt, and he was advised by the Legal Cell of the Indian Society of Authors (with a former Judge of Kerala High Court as Chairman), and members like Judges of the Mumbai and Kerala High Courts and other Government Lawyers that,  it would be desirable to appraise you about his intention to file a Suit in Kerala for securing relief overdue.

The Petitioner would certainly like to avoid a legal battle, wasteful and long drawn out. This letter is to request you humbly, to compensate him for the damages he has sustained under the various counts including violation and deprivation of the Human Rights, and torture and for the deprivation of all his businesses, assets and earnings situated in UAE at the time of his illegal deportation.  The compensation due to him, would be very substantial, aggregating to very many millions of US Dollars. The Petitioner would be only happy in the circumstances, if you could settle his claim, or agree for a settlement by known legal methods including Arbitration as regards quantum of compensation;  Arbitration by a mutually agreed authority.  He would prefer the direct settlement between the parties.

The UAE is liable to pay the petitioner for all the natural and direct consequences of its wrongful act. Apart from actual loss and exemplary or punitive damages, he is entitled to get compensatory damages for pecuniary and non-pecuniary losses, aggravated damages for pain and sufferings, violation of his dignity, respect and rights,  as detailed in the representation filed before the Government of India, towards the price of his business assets, real estate investments left behind in the UAE when he was illegally deported; and the business profits and gains and its market value he would have earned, as well as other expenses for all these years that followed.

There was not merely criminal failure on the part of the authorities in the implementation of a set of Judgements of the Court of Law (in the case relating to aggravated assault, burglary etc.) The authorities are also liable to compensate the petitioner for his intangible injuries as damages suffered from physical and psychological pain as result of the unjust and illegal actions of the authorities, continued up to the deportation and resultant deprivation when he landed in his home land, bereft of any assets whatever.

The (irremediable) damages inflicted on Petitioner by UAE authorities and its far-reaching repercussions:-

Mental distress (by aggravated assault, abduction, detention, extortion, and inhuman torture);

Anguish (resulting from the impact of torture, and deprivation of businesses, investments, company staffs and employees and mental peace of the members of his family and relatives);

Grief (about the state of affairs of himself and the members of his family);

Anxiety (about his own health, ailments, and worries about his staffs, employees and his family) He had to suffer pancreas disorders, heart ailments, compelling him to be an inpatient in hospitals, and continuing to suffer such ailments requiring constant and massive medication;

Vexation (including that caused by the feelings of agony to himself and the members of his family);

Indignation (against the inhumanities of the administration);

Outrage (about the total lack of Rule of Law, and the feeling that even the judiciary is treated with contempt);

Wounded Pride (in the background of the loss of high esteem and dignity he enjoyed in UAE and his homeland India);

Loss of Faith (regarding the petitioner in friends and colleagues and the like. Such persons included businessmen attached to very prestigious investing establishments).

The petitioner  is entitled to compensation for this unique case of  repeated defrauding of the ‘Judgement Creditor’, torturing him to near death, and violating ‘Four Judgements of the UAE Courts’ in his favour and the like. Having regard to the serious nature of the loss and injuries suffered and continuing to be suffered, he is also entitled to an interim relief, on urgent basis, fixed at 120 million US Dollars [INR.782 crore].

The Petitioner seeks an expeditious remedy, in view of the sufferings undergone by him for a long duration of nearly twenty-two years.  As a founder member of ‘INSA’, (Indian Society of Authors, Kerala Chapter), the Petitioner have already requested ‘INSA’ to offer him assistance through their Legal Cell, and he expect that, the organization and its Legal Cell (with very many former Judges of the High Courts and Subordinate Courts and Senior Lawyers) to help him in the just and equitable cause.

The Petitioner expects a  response and reply before 14th May, 2018.  If there is no response, he will be constrained to resort to legal proceedings, holding you and your country responsible for all the costs and consequences thereof.

Yours faithfully,

Panikkaveettil K. Jabir, [Petitioner],

Encl:
Ref. Letter to Smt. Sushma Swaraj, Hon’ble Minister for External Affairs, dated 09-02-2018.

Open Letter [Main] to:
H.E Dr. Ahmed Al Banna, the UAE Ambassador to India, to Claim Damages For Non-Enforcement of a Set of Judgments of UAE Courts & Outright Fraud by the UAE Administration’

Open Letter [Copies] to:
1) H.H Sheikh Khalifa bin Zayed Al Nahyan, The President of UAE & Ruler of Abu Dhabi.
2) H.H Sheikh Mohammed bin Rashid Al Maktoum, Vice-President & Prime Minister of UAE and Ruler of Dubai.
3) H.H Sheikh Mohammed bin Zayed Al Nahyan, Crown Prince of Abu Dhabi and Deputy Supreme Commander of the UAE Armed Forces.
4) H.H Sheikh Abdullah Bin Zayed Al Nahyan, Minister of Foreign Affairs of UAE and International Cooperation.
5) H.H Lt. General Sheikh Saif bin Zayed Al Nahyan, Deputy Prime Minister of UAE and Minister of the Interior.
6) H.E Jamal Hussain Al Zaabi, The Consular General of the UAE, UAE Consulate, Thiruvananthapuram, Kerala.

Last Update: 20th April, 2018, New Delhi. ‘Reparation Law’

Return to the Legal Cell’s Founder CEO

Visit Case Exhibits: UAE.JABIR.NET

MISSION STATEMENT

Safeguard the Rule of Law by ensuring Justice, Freedom and Peace in society.

CASE LAW   |   RESOURCES   |  SOCIAL MEDIA   |   PUBLICATIONS   |   NEWS ROOM

]]> https://www.judgmentforsale.com/articles/open-letter-to-sheikh-abdullah-bin-zayed-al-nahyan-minister-of-foreign-affairs-to-claim-damages-for-non-enforcement-of-a-set-of-judgments-of-uae-courts-outright-fraud/feed/ 0 https://www.judgmentforsale.com/articles/open-letter-to-the-uae-ambassador-to-india-to-claim-damages-for-non-enforcement-of-judgments-of-uae-courts-outright-fraud/ https://www.judgmentforsale.com/articles/open-letter-to-the-uae-ambassador-to-india-to-claim-damages-for-non-enforcement-of-judgments-of-uae-courts-outright-fraud/#comments Thu, 19 Apr 2018 18:38:32 +0000 http://www.judgmentforsale.com/articles/?p=273 Continue reading →]]>

‘Open Letter to H.E. Dr. Ahmed Al Banna, the UAE Ambassador to India, to Claim Damages For Non-Enforcement of a Set of Judgments of UAE Courts & Outright Fraud by the UAE Administration’

20th April, 2018, New Delhi.

Download the Authentic  ‘Open Letter to H.E. Dr. Ahmed Al Banna, the UAE Ambassador to India, to Claim Damages For Non-Enforcement of Judgments of UAE Courts & Outright Fraud’, in PDF (Size: 530 kb)

From
Panikkaveettil K. Jabir, [Petitioner],
M/S. Overseas Indians’ Legal Cell, 501, Metro Plaza Building,
Market Road, Near High Court, Kochi, Kerala – 682 018.

To
H.E. Dr. Ahmed Al Banna, UAE Ambassador to India,
12, Chandragupta Marg, Chanakyapuri, New Delhi – 110 021.

Sub. “Damages For Non-Enforcement of Judgments of UAE Courts &
Outright Fraud by the UAE Administration”

Dear Excellency,

This ‘Open Letter’ is a reminder of the previous letter to H.E. Dr. Ahmed Al Banna, UAE Ambassador to India, Dated 28th Feb, 2018. Full text.

The Petitioner is forwarding herewith a copy of his latest representation to the Ministry of External Affairs, Government of India, dated 09th Feb-2018 for redressal of sufferings and deprivation of all his Rights and assets consequent on his fraudulent and inhuman deportation from the UAE in the year 1996 over-riding the fact that 4 successive Judgments in his favour from Abu Dhabi Courts, finding the UAE officials guilty of the most heinous crimes against him.

The petitioner was closely associated with the Private Departments of (Late) H,H.Shaikh Zayed Bin Sultan Al-Nahyan, from 1982 onwards, the then Emir of Abu Dhabi and also the President of United Arab Emirates, H.H. Sheikh Khalifa bin Zayed Al Nahyan, who succeeded Sheikh Zayed as ruler and many others in the ruling family. He had registrations with all the major Oil & Gas Companies on behalf of his firms General Contracting & Trading Est., with all mandatory Governmental Licences, for bidding/tendering/projects/participations etc., and contributed much to the developments of Abu Dhabi Emirate. The petitioner was one of the first India-born real estate investors in Abu Dhabi, UAE, which is a multi-trillion US dollar industry today.

This is a case of personal and racially aggravated attack with malicious motives by ‘higher officials of Abu Dhabi’, UAE, in collaboration with Police, to stop an ‘execution of a Decree’ awarded by the Civil Court on an Apartment Tower  contract  in 1995,  which involves extortion, trespassing, inhuman torture, illegal detention,  criminal conspiracy and fraud against an Indian investor.

[The following part was a significant turning point in this case, it also exposes the deplorable state of affairs in the Administration of Abu Dhabi Police, during the period of the petitioner’s case; in the year 1995].

“In the instant case, the Abu Dhabi policemen did their atrocious acts towards the petitioner in a terrible manner and were caught red-handed by the Petitioner while committing burglary at his office. Thereby they already lost their face.

The policemen who came responding to the alert of the Petitioner, unjustifiably protected the trespassers who were the  law breakers and jointly attacked the petitioner so horribly, worse than death, at the instance of the local Emirati  (the friend of ‘Crown Prince Mohammed bin Zayed al-Nahyan’) for getting illegal gains and to circumvent the Court’s order in force against him. The Petitioner and his younger brother were literally kidnapped from their office by the policemen and were held as a shield against their aggravated crimes.

The Criminal Court found the offenders (A group of policemen and the local Emirati) were guilty and, therefore, passed orders to investigate the crime committed by them. Then followed several other Court Judgments and orders in absolute in favour of the petitioner including the highest Court of Abu Dhabi, against the culprits”.

An excerpt from the Apex Court Judgment reads 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 a man was killed, while protecting these, he is considered to be a martyr. And limitation of his freedom without any rights is an unforgiving crime and the same is mentioned in the provisions of articles 2 and 3 of the Penal Procedures Code. And it is proved in this case that the policeman along with the plaintiff went to arrest the accused and to limitate his freedom….” (Apex Court Judgment, 188/1996 dated 19/5/1996 Abu Dhabi, United Arab Emirates).

The enforcement of a Judgment is regarded as an integral part of the fundamental Human Right to a fair trial in a reasonable time. That has been violated. Worst still, the Judgment-debtor, the UAE ruler, bypassed all the laws to commit the offense of defrauding the Judgment Creditor in the most cruel and diabolical manner, to deny him the fruits of the decrees obtained by him, forced him to leave behind his well established three business concerns, real estate properties and other investments, images and reputation in the UAE, hard earned by his blood and sweat and valuable expertise in profession.

After arriving India in 1996, the petitioner had submitted very many representations to your Excellency, as a respondent in the case, detailing his inordinate sufferings due to the patent violations of Human Rights perpetrated against him by your country. Two Judicial Orders were also passed by the High Court of Delhi to you (after approaching the Supreme Court) to settle the case.  A period of twenty two years is passed by till date, but there was no response/acknowledgement was received to any of them.

The Petitioner is yet to receive any relief from the country you are privileged to represent in India.  In recent times, the scenario  in legal area has changed entirely.  That a citizen of any country can seek relief from another country (including UAE) has been established, and also acquiesced in by UAE.

The issue of summons to the UAE Ambassador in America, in a Civil Suit instituted in 2009 in a U.S. District Court against UAE (against the top three members of the UAE’s ruling family, who were accused of roles in the abduction and torture) has led to this important development.  Though the charges and jurisdiction of American Court were questioned initially by UAE, it was conceded as evidenced by settlement reached in between the U.S. citizen and UAE.  It is, therefore, open to Indian Courts or authorities to give relief to a person in India, to sue your Government as well in the light of the legal development.

In the present case, UAE Government has additionally made investments in various parts of India.  Your Government is also engaging in trading and commercial activities worth billions of US dollars.  UAE owns properties in the State of Kerala as well.

Before instituting a Suit against you and your country in the light of subsequent development, the Petitioner felt, and he was advised by the Legal Cell of the Indian Society of Authors (with a former Judge of Kerala High Court as Chairman), and members like Judges of the Mumbai and Kerala High Courts and other Government Lawyers that,  it would be desirable to appraise you about his intention to file a Suit in Kerala for securing relief overdue.

The Petitioner would certainly like to avoid a legal battle, wasteful and long drawn out. This letter is to request you humbly, to compensate him for the damages he has sustained under the various counts including violation and deprivation of the Human Rights, and torture and for the deprivation of all his businesses, assets and earnings situated in UAE at the time of his illegal deportation.  The compensation due to him, would be very substantial, aggregating to very many millions of US Dollars. The Petitioner would be only happy in the circumstances, if you could settle his claim, or agree for a settlement by known legal methods including Arbitration as regards quantum of compensation;  Arbitration by a mutually agreed authority.  He would prefer the direct settlement between the parties.

The UAE is liable to pay the petitioner for all the natural and direct consequences of its wrongful act. Apart from actual loss and exemplary or punitive damages, he is entitled to get compensatory damages for pecuniary and non-pecuniary losses, aggravated damages for pain and sufferings, violation of his dignity, respect and rights,  as detailed in the representation filed before the Government of India, towards the price of his business assets, real estate investments left behind in the UAE when he was illegally deported; and the business profits and gains and its market value he would have earned, as well as other expenses for all these years that followed.

There was not merely criminal failure on the part of the authorities in the implementation of a set of Judgements of the Court of Law (in the case relating to aggravated assault, burglary etc.) The authorities are also liable to compensate the petitioner for his intangible injuries as damages suffered from physical and psychological pain as result of the unjust and illegal actions of the authorities, continued up to the deportation and resultant deprivation when he landed in his home land, bereft of any assets whatever.

The (irremediable) damages inflicted on Petitioner by UAE authorities and its far-reaching repercussions:-

Mental distress (by aggravated assault, abduction, detention, extortion, and inhuman torture);

Anguish (resulting from the impact of torture, and deprivation of businesses, investments, company staffs and employees and mental peace of the members of his family and relatives);

Grief (about the state of affairs of himself and the members of his family);

Anxiety (about his own health, ailments, and worries about his staffs, employees and his family) He had to suffer pancreas disorders, heart ailments, compelling him to be an inpatient in hospitals, and continuing to suffer such ailments requiring constant and massive medication;

Vexation (including that caused by the feelings of agony to himself and the members of his family);

Indignation (against the inhumanities of the administration);

Outrage (about the total lack of Rule of Law, and the feeling that even the judiciary is treated with contempt);

Wounded Pride (in the background of the loss of high esteem and dignity he enjoyed in UAE and his homeland India);

Loss of Faith (regarding the petitioner in friends and colleagues and the like. Such persons included businessmen attached to very prestigious investing establishments).

The petitioner  is entitled to compensation for this unique case of  repeated defrauding of the ‘Judgement Creditor’, torturing him to near death, and violating ‘Four Judgements of the UAE Courts’ in his favour and the like. Having regard to the serious nature of the loss and injuries suffered and continuing to be suffered, he is also entitled to an interim relief, on urgent basis, fixed at 120 million US Dollars [INR.782 crore].

The Petitioner seeks an expeditious remedy, in view of the sufferings undergone by him for a long duration of nearly twenty-two years.  As a founder member of ‘INSA’, (Indian Society of Authors, Kerala Chapter), the Petitioner have already requested ‘INSA’ to offer him assistance through their Legal Cell, and he expect that, the organization and its Legal Cell (with very many former Judges of the High Courts and Subordinate Courts and Senior Lawyers) to help him in the just and equitable cause.

The Petitioner expects a  response and reply before 14th May, 2018.  If there is no response, he will be constrained to resort to legal proceedings, holding you and your country responsible for all the costs and consequences thereof.

Yours faithfully,

Panikkaveettil K. Jabir, [Petitioner],

Encl:
Ref. Letter to Smt. Sushma Swaraj, Hon’ble Minister for External Affairs, dated 09-02-2018.

Open Letter [Main] to:
H.E Dr. Ahmed Al Banna, the UAE Ambassador to India, to Claim Damages For Non-Enforcement of a Set of Judgments of UAE Courts & Outright Fraud by the UAE Administration’

Open Letter [Copies] to:
1) H.H Sheikh Khalifa bin Zayed Al Nahyan, The President of UAE & Ruler of Abu Dhabi.
2) H.H Sheikh Mohammed bin Rashid Al Maktoum, Vice-President & Prime Minister of UAE and Ruler of Dubai.
3) H.H Sheikh Mohammed bin Zayed Al Nahyan, Crown Prince of Abu Dhabi and Deputy Supreme Commander of the UAE Armed Forces.
4) H.H Sheikh Abdullah Bin Zayed Al Nahyan, Minister of Foreign Affairs of UAE and International Cooperation.
5) H.H Lt. General Sheikh Saif bin Zayed Al Nahyan, Deputy Prime Minister of UAE and Minister of the Interior.
6) H.E Jamal Hussain Al Zaabi, The Consular General of the UAE, UAE Consulate, Thiruvananthapuram, Kerala.

Last Update: 20th April, 2018, New Delhi.

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]]> https://www.judgmentforsale.com/articles/open-letter-to-the-uae-ambassador-to-india-to-claim-damages-for-non-enforcement-of-judgments-of-uae-courts-outright-fraud/feed/ 0 https://www.judgmentforsale.com/articles/the-gravest-injustice-towards-an-indian-investor-in-uae-open-letter-to-smt-sushma-swaraj-minister-for-external-affairs-govt-of-india/ https://www.judgmentforsale.com/articles/the-gravest-injustice-towards-an-indian-investor-in-uae-open-letter-to-smt-sushma-swaraj-minister-for-external-affairs-govt-of-india/#comments Wed, 18 Apr 2018 09:03:32 +0000 http://www.judgmentforsale.com/articles/?p=268 Continue reading →]]> ‘The Gravest Injustice Towards An Indian Investor In UAE’ – Open Letter to Smt. Sushma Swaraj, Minister for External Affairs

18th  April, 2018 New Delhi [Source: Reparation Law News]

Download the authentic ‘Representation to Smt. Sushma Swaraj, Minister for External Affairs’, in PDF (Size: 530 kb)

‘The Gravest Injustice Towards An Indian Investor In UAE’ – Open Letter to Smt. Sushma Swaraj, Minister for External Affairs

To

Hon’ble Minister for External Affairs, Smt. Sushma Swaraj,
8, Safdarjung Lane, New Delhi – 110 011.

Sub. ‘The Gravest Injustice Towards An Indian Investor In UAE’ – Open Letter to Smt. Sushma Swaraj, Minister for External Affairs

Respected Madam,

This representation is in continuation of the letter dated 16.07.2014 addressed to the Hon’ble Minister for the MEA; and further the latest representation dated 09-02-2018 to Smt. Sushma Swaraj, the External Affairs Minister of India. A copy of the same is enclosed herewith for ready reference as Annexure-1.

[Special Note: The Petitioner wishes to emphasize that unlike the common types of cases, this representation before the Govt. of India involves some important issues of great legal significance; namely,

(I) The Petitioner’s case had already been decided in absolute, in his favour,  in different  Courts of Abu Dhabi, UAE, including its Apex Court, way back in 1996.

(II) The ‘UAE regime’ has ignored and violated the ‘Four Consecutive Court Judgments’ against them. What’s more, an endorsement was made in the passport of the petitioner, in support of an ‘administrative order’,  to the effect that the petitioner was deported in the light of the case before the Criminal Court.

(III) This order was false to the knowledge of the authority and was deliberately incorporated constituting the gravest crime of false representation making out a case of ‘Outright Fraud‘ against the UAE administration. It’s perhaps unparalleled in the whole history of the world!].

The Petitioner was subjected to acute torture, detention in prison, and repatriation without any of his assets, whatever, to the homeland, India.

The violation of human rights of the acutest kind, which has virtually deprived him of the life and liberty guaranteed under article 21 of the Constitution of India.

The Hon’ble Supreme Court has laid down the steps to be taken by the State, whenever a citizen is arrested by the Police, in D.K. Basu’s case. They include intimation by Police about the case to the near relatives of the accused and the production by the accused before Court. A copy of the guidelines for arrest is produced herewith as Annexure-2.

The Petitioner migrated to UAE in 1979, when he had education as an engineer with expertise and experience in Refrigeration and Electro-Mechanical works with Voltas & Lufthansa in Bombay.

UAE at the time was a poorly developed area. The under developed condition called for immense developmental activities including construction of buildings and ports, and other massive commercial structures. The expertise of the Petitioner was mostly needed for the country at that time, as in Electro-Mechanical activities were primary requirements for a country with desert like condition.

By hard work in the industry, and with full devotion for the developmental activities, the Petitioner also contributed his humble but impressive expertise and work for his host country, UAE.

The Petitioner had diverse activities as an investor, contractor and supplier. He could earn substantial assets by his long and untiring work. The assets including businesses, properties and real estate investment were substantial. His assets were estimated above 100 million US Dollars in 1995.

The UAE had essentially a feudal regime at that time. The King was all powerful. So was the ‘Crown Prince’. The worst cruelties of the rulers had to be suffered by anyone placed in that country.

Quite often the Kings and Princes had their own secret circle of friends, who would not heed to principles or tenets of law. The Petitioner was an unfortunate victim of such an agonizing situation.
A local Emirati, a friend of Abu Dhabi ‘Crown Prince‘ with malicious intention, tried to appropriate the substantial assets of the Petitioner.

As a law abiding citizen with legal and democratic tradition like rule of law of India, with great tradition, constitutional function in all branches like Executive, Legislative and Judiciary, the Petitioner sought remedies from the Courts of Law. The Civil lawsuit filed by the Petitioner, was decided in his favour, an interim order was issued by the Court, seeking to check-mate the cruel and corrupt activities of the local Emirati.

The local Emirati, schemed in collaboration with the ‘Crown Prince’, many activities, which seriously threatened the Petitioner’s life. He joined hands with the police to stop an ‘execution of the decree’ awarded by the Civil Court on an Apartment Tower, which was in favour of the Petitioner.

The local Emirati and his cronies, the plainclothes police, trespassed into the office of the Petitioner armed with heavy steel rods and chains. The Petitioner was racially abused (They were shouting openly that all ‘Indians are thieves and procurers’, a fact that stated in the Apex Court Judgment), assaulted, ransacked his entire office and robbed of money and valuables worth .4 million US Dollars.

The Petitioner was maliciously implicated in a criminal case with a preposterous allegation of ‘Using force against government employee and assault’. He was arrested and incarcerated in different detention centers, torturing him brutally, denying him food and drink,  and condemning him to hell like life.

The inhuman detention extended over a period of one year. Quite often it was solitary confinement. Access to a lawyer, friend or his employee was denied. The Petitioner survived all such tortures, humiliation and sufferings. He was constrained to conduct his case before the Courts on his own. The massive evidences established the innocence of the Petitioner and the inhuman commissions of crimes by the UAE officials.

The Criminal Court acquitted the Petitioner; directed to release him immediately and what’s more to prosecute both the Policemen and the local person. The Hon’ble Court further passed orders to investigate the crime committed by them.

“The Policemen and the local dropped all the charges against Petitioner and pleaded guilty in the second stage of the criminal proceedings”.

The Apex Court upheld the findings of the Trial Court. It directed the authorities to restore to the Petitioner all the Rights he was deprived of and ‘TO COMPENSATE HIM’ for all losses and sufferings inflicted upon by the Abu Dhabi Police.

Strangely enough all the four expeditious judicial verdicts of the Abu Dhabi Court were wantonly obstructed, kicked off and violated by the regime. The regime even went to the extent of committing criminal fraud to deport the Petitioner arbitrarily, in order to avoid honouring its moral obligations. On his return to his motherland India, he had to struggle much to preserve his very life.

The Petitioner approached the Courts in India, the Hon’ble Supreme Court and the High court of Delhi for Justice in 1996, 1997 and 2003 respectively.

The High court at Delhi repeatedly directed the Government of India to dispose of his representation and pass appropriate orders in relation to the violation of laws as detailed in the representation.

The Petitioner had waited patiently all these years, but could not get any relief whatever till this day.

The Petitioner reminded the Government  about the pending representation. After a long delay he was informed that the representation was missing in the office of the Govt. of India. He was directed to file a further representation. This too was promptly done.

It is unfortunate that even now no orders have been passed in his representation.

The compensation payable for the violation of Human Rights, torture, incarceration in jail, and virtually appropriating all his businesses and assets, in UAE, merits redressal of the long pending grievances by the Govt. of India.

The damages under the various counts would come to many hundred millions of dollars. Interest is also due on the amount determined as the liability. Some important intervening developments may also be adverted to:

(a), In a similar situation, the Court in the United States has taken suit, wherein compensation was claimed in USA by an American citizen against the State of UAE. Though the jurisdiction of the US Court was initially questioned, the State of UAE acquiesced in the jurisdiction of the Court, ultimately a settlement between the US citizen and the defended UAE state, the later agreeing to pay 10 million US dollars by way of settlement.

(b), UAE has opened consulate at Thiruvananthapuram in the state of Kerala where the Petitioner resides. UAE has very recently concluded very many investment contracts which involves collaboration between the UAE and India, and between the citizens of both countries.

(c), UAE, it is understood, has resorted to recovery proceedings for the amounts claimed by the UAE Banks. This will imply sale of properties of an Indian citizen in India for satisfying the debts of the UAE banks and the Govt. of UAE. This circumstance will also justify active intervention by the Govt, of India for securing justice to an Indian citizen and repatriation of his assets and the dues awarded by the UAE Courts to the Indian Union.

The Petitioner had suffered injustice from both the governments, India and the UAE, for unduly long periods of over 22 years. The very life of the Petitioner and the members of his family are imperiled by the violation of their Human Rights. An interim relief of 20 million US dollars would be highly just and equitable in the circumstances.

‘The principles enunciated in a Judgment of the Kerala High Court in Radhakumari’s case is a historical example. The decision has been approvingly followed by all other Courts in India. (Radhakumari vs K.M.K. Nair (1983)’.

The Petitioner  earnestly appeals for an early disposal of his representation at any rate before 31.03.2018. If the Petitioner is denied an interim relief even at this stage, he will be constrained to initiate appropriate legal proceedings for vindication of his Constitutional Rights.

The Petitioner prays that he may be heard in the matter before final orders are passed.

Yours faithfully,

Panikkaveettil K. Jabir, [Petitioner],
501, Metro Plaza Building, Market Road, Near High Court,
Kochi, Kerala – 682018.

Encl:
1) Ref. Letter to Smt. Sushma Swaraj, Hon’ble Minister for External Affairs, dated 16.07.2014

2) The principles laid down by Hon’ble Supreme Court, in D.K.Basu Vs State of West Bengal.

Representation [09-02-2018] to:

Hon’ble External Affairs Minister of India, Smt. Sushma Swaraj;

Representation [Copies] to:

1) Hon’ble Prime Minister of India, Shri. Narendra Modi;

2) Shri. Vijay Keshav Gokhale, Secretary to Government of India, MEA;

3) H.E. Dr. Ahmed Al Banna Ambassador of the U.A.E., New Delhi.

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Last updated on 18th  April, 2018

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IN THE UAE, “FIRST THEY CAME FOR THE INDIANS”

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• ‘The Shameful Acts of The Ministry of External Affairs (MEA), The Government of India’
• ‘The Shocking History of ‘Al Wathba’ Central Prison, Abu Dhabi and a ‘Culture of Deception & Secrecy’
• India’s Extradition Treaty With United Arab Emirates (UAE), The Worst Human Rights Abusers! – ‘A Flashback & The Recognition of Representation-1997′
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1) INTRODUCTION.
Article submitted by Panikkaveetil K. Jabir, Founder-CEO, M/s. Overseas Indians Legal Cell (hereinafter referred to as the Judgment Creditor).

The Judgment Creditor is an Indian National. Despite the social and other difficulties, the Judgment Creditor established a career as Electro-Mechanical Engineer. He had valuable experience in the said field by working in projects of International Repute like Voltas and Lufthansa in Mumbai, India.

In the prime of his youth, when aged 22, he reached Abu Dhabi, the capital of the UAE in 1979. UAE at that time was a fast developing country. He had been an active participant in its developmental activities. Due to tireless efforts and commitment to his profession, he could establish and develop three major business establishments in Engineering, Trading and General Contracting in Abu Dhabi that valued at about a hundred million U.S. Dollars by 1995.

2) BEGINNING OF HUMAN RIGHTS VIOLATION.

The Judgment Creditor, on behalf of his principal company, the ‘Premier General Contracting Establishment’, entered into a lease and build-out agreement with Hassan Saeed Hassan, a local Emirati, in September 1995, regarding a nine storied building.

With the rapid progress of the proposed project, Hassan Saeed grew greedy, and conspired to have the lease obligation set at naught with a view to make enormous gains. the Judgment Creditor could not and did not yield to the unjustified demands of Mr. Hassan Saeed, as the Judgment Creditor had already entered into commitments with others on the basis of the planned business deal.

3) FIRST APPROACH TO THE COURT OF LAW.

When Hassan Saeed attempted to break the provisions in the lease agreement, and even sold some of the flats to others violating the terms and conditions of the contract, the Judgment Creditor, as a law abiding citizen, sought legal advice and instituted a civil suit in the Abu Dhabi Court.

Hassan Saeed was, however, reacting in a most unreasonable and arbitrary manner. He threatened the Judgment Creditor with dire consequences if he failed to withdraw the Civil Suit.

The Court was, prima facie, satisfied by the contentions of the Judgment Creditor, and passed an interim order protecting his rights. There was a direction to deposit the contracted value in the Treasury. Hassan Saeed was informed about the direction and the possible serious consequences in the event of his illegal action and violation of the Court order were indicated.

4) THE GRUESOME ACTS OF VIOLATION OF HUMAN RIGHTS.

The stand taken by the Judgment Creditor was lawful, reasonable, and had the support of the Court’s interim order. ‘But in total negation of the Judicial Order of Abu Dhabi Civil Court, Hassan Saeed continued threatening the Judgment Creditor and planned and executed violent and reckless revenge, defying all legal provisions and principles of fair-play. Certain corrupt police officials colluded with him. In consequence thereof, the Judgment Creditor had to undergo extremes of inhuman and deadly tortures from Abu Dhabi Police which no human being could withstand. However, he was fortunate to be spared from death.

The crude and cruel manner of the attempts to break the contract i.e. the aggression, police-looting and the connivance of local police, illegal arrest, arbitrary detention, malicious claim, torture etc., are detailed chronologically in a Representation [link] submitted to the Ministry of External Affairs, Delhi, on 28 October, 2013 in reply of its Letter [link] No.G/3139/2013/MEA (Gulf Division) dated 10th October, 2013. Some of the events [link] are also featured in the following articles. The Judgment Creditor may continue the narrative in brief herein so as to complete the story.
———————————————————————————————————
[‘Judgment Creditor Booklet to Enforce UAE Judgments’; ‘The Uniqueness of Judgment Creditor’; ‘Abu Dhabi Police-looting’; ‘The Worst Cheating Scandal of Abu Dhabi Debtor‘; “Truth and Justice are being nakedly sacrificed for UAE’s Reputation”; Untold sufferings inflicted as an under-trial prisoner at the brutal ‘Al Wathba Central Prison, Abu Dhabi‘, detailed herein ‘The legacy of torture in the UAE‘ and ‘The Prison-life in Abu Dhabi’; ‘The Loss of Business Firms & Assets of the Judgment Creditor In Abu Dhabi, UAE‘; ‘ And more.’]
——————————————————————————————————–
On Thursday 26th October 1995 around Noon, Hassan Saeed trespassed into the private office of the Judgment Creditor along with his accomplice, a policeman in plain clothes, who held a heavy iron rod of one meter length in one hand and a chained handcuff on the other hand.

The policeman enquired as to the original documents of the contract which the Judgment Creditor refused to disclose. On this, the entire office was ransacked, drawers opened by force and files thrown out. Thereupon, the policeman forcibly broke open the office locker with the iron rod in his hand and looted US$.4m worth money and valuables and the Judgment Creditor was severely beaten in cold blood and his fingers were smashed with iron rod.

At this juncture, the younger brother of the Judgment Creditor arrived at the office with lunch. As he arrived the Judgment Creditor asked him to close the door and call the police. By then, the policeman in plain clothes managed to get out of the office with the stolen money and valuables; however, Mr.Hassan Saeed was unable to leave.

It was noticed by the Judgment Creditor that the policeman in civil dress had returned and was shouting and striking on the door with the heavy iron rod of one meter length he held in his hand. By then an inquisitive crowd had gathered around the office of the Judgment Creditor. The policeman was shouting and warning anyone from coming near to him and was saying rather rudely “Pakistani, Bengali, Indian all are thieves and procurers”.

After some time, the police patrol team arrived at the spot as per the request made by the Judgment Creditor. But instead of protecting him from the trespassers, they joined hands with the trespassers, acted like mere savages, and the victims (the Judgment Creditor and his brother) were shackled, brutally tortured and were literally dragged out of the office through the street to the police vehicle in the presence of known friends and bystanders and taken to an underground detention centre. They were abused and assaulted there again and the Judgment Creditor fell unconscious. Eventually they were taken to hospital emergency.

5) ARBITRARY ARREST AND DETENTION – A VIOLATION OF HUMAN RIGHTS.

The wanton acts of infraction of damage to the Judgment Creditor, his office and equipment were temporarily halted only when, pursuant to a telephone call of the Judgment Creditor’s brother, a police team arrived at the scene. In the mean time, a large crowd had gathered at the scene, and there were very many respectable persons from different parts of the world who could witness the incident.

Unfortunately, the police team acted in accordance with the dictates of Hassan Saeed, due to extraneous considerations and undue influence, money and otherwise. Hassan Saeed manipulated, with the connivance of police, the arrest and detention of the Judgment Creditor.

Thus the business deal bona fide entered into, and scrupulously adhered to by the Judgment Creditor, led to very serious deprivation of his liberty, which consisted of a series of violations of Human Rights such as a forcible destruction of his property with the connivance of corrupt police officials, illegal arrest, torture of the worst order leading to his unconscious condition, perilously near death, incarceration in prison, and other physical and mental sufferings. It took about six months for the Judgment Creditor being brought before a Court of law of Abu Dhabi, UAE.

6) A CONTENTION ABOUT HUMAN RIGHTS VIOLATION ARISING FROM THE ARREST.

It is respectfully submitted that this default in not producing the accused promptly before a competent judicial authority, by itself is a serious violation of the rights guaranteed to a victim under the fundamental principles of international law. The Judgment Creditor was not produced before a Court, i.e. within a day, or some of the weeks. It took a long period of six months thereafter, for the Judgment Creditor to have his first appearance in the Court.

He was held incommunicado for about a month in different detention centres, often in solitary confinement, and finally taken to the central prison. During this long spell of illegal detention, he was treated in the most cruel manner, subjected to brutal torture and blackmail, causing him irreparable mental and physical injuries. The Judgment Creditor was exposed to such a gross violation of Human Rights which the competent authority could take serious notice of. Each day of such illegal incarceration is to be reckoned while devising the remedial measures.
——————————————————————————————————–
Article 9 (3) is particularly relevant and read:

“Any one arrested or detained on a criminal charge shall be brought promptly before a Judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release”. [Link: International Covenant on Civil and Political Rights, 16 December 1966, United Nations].

& the UAE had breached Articles 9 of the United Nations Universal Declaration of Human Rights (1948) that condemns arbitrary arrest: ‘No one shall be subjected to arbitrary arrest, detention or exile. [Link: Universal Declaration of Human Rights]
——————————————————————————————————–
7) THE LEGAL COURT OF FIRST INSTANCE, ABU DHABI, UAE.

The Human Rights Violations, the assault, arbitrary detention etc as narrated above were scrutinized by the Court. The Court had the opportunity to have evidence before it from witnesses belonging to different nationalities.

The witnesses of foreign nationals (other than Indian) were in a position to give evidences, despite the fear of a possible harassment by Abu Dhabi Police and public prosecution. This ensured the independent quality of the evidence.

The arrest and detention were against the basic principles of law. The arrogant policemen of Abu Dhabi, however, committed the atrocities in full view of the public. This proved to be their undoing.

8) THE REACTION OF THE COURT.

The Court expressed its shock while noticing that a victim who sought for police help from trespassers was arrested and detained by the police!

9) THE JUDGMENT AND FINDINGS OF THE COURT.

The Judgment of the ‘Legal Court of First Instance’ was pronounced on 10-04-1996.

The Judgment Creditor and his brother who were charged with offences by the Abu Dhabi Police, were acquitted. The Court directed the Authorities, to prosecute the policeman involved in the illegal activities. It was found that Hassan Saeed was guilty of deception and assault. The Court criticized the Public Prosecution for concealing the assault of the policeman on the Judgment Creditor, and its tampering of evidence. Some of the material findings of the Court are:-

i) The policeman and Hassan Saeed had committed the offences of trespass and assault.

ii) The Judgment Creditor had only exercised his legal right, and he and his brother were attacked by the policeman and Hassan Saeed by taking the law into their hand.

iii) The police, which was expected to help the victims, unjustifiably protected the trespassers who were the law breakers.

iv) The Criminal Court observed that, the Interim Judgment of the Abu Dhabi Civil Court, ruled that the Judgment Creditor was the really aggrieved person and had deserved help.

v) The conduct of the police clearly proved the malicious motives in initiating the criminal complaint against the Judgment Creditor.

vi) Ultimately, the Court found that the policeman indulged in the illegal criminal act due to his greed, and that the police framed false charges against the Judgment Creditor to save their face.

10) DIRECTIONS OF COURT – AN ENQUIRY INTO THE CONDUCT OF POLICE.

The Court took a serious view of the entire events. It ordered an enquiry into the conduct of the police. The records were forwarded to the Public Prosecution for facilitating the investigation.

The order of the Court, regrettably enough, was ignored by the UAE authority. No investigation was conducted by the prosecution. The irresistible inference is about an active Police-partisanship to help the law-breakers, who wanted to make wrongful gains, utilizing their influence, and access to the ruling power.

The State has to bear the responsibility for such illegal actions indulged in by servants and officers and for helping anti-social elements with the full connivance of its policemen and other officials.

The claim of the Judgment Creditor is based on solid judicial verdict of a Court of the very country in which the illegal actions took place. [Link: The Judgment of the 'Court of First Instance - Final Decree' ]

11) SERIOUS VIOLATION OF HUMAN RIGHTS GUARANTEED BY THE CHARTER OF THE U.N.

The Judgment Creditor was NOT released from prison in spite of his acquittal by the Criminal Court of First Instance, in total violation of the order of a judicial authority.

At the same time, there was an alleged omission to proceed against the perpetrators of the crime, in spite of the directions of a judicial authority. This too is a serious violation of Human Rights guaranteed by the law, both the domestic law and the charter of United Nations.

12) CONTINUATION OF LEGAL PROCEEDINGS IN THE APEX COURT.

Ultimately, the prosecution filed an appeal in the Supreme Court of Abu Dhabi. The case was posted for hearing on 18-04-1996.

13) APEX COURT ORDER GRANTING BAIL TO THE ‘JUDGMENT CREDITOR’.

The Court granted bail to the Judgment Creditor on the day the prosecution filing an appeal. However, despite the bail and sureties the Judgment Creditor was not released from the prison.

14) INTERVENING EVENTS CONFIRMING VIOLATION OF HUMAN RIGHTS AND ADMISSION OF POLICE ABOUT SUCH VIOLATIONS.

In the meantime, policeman Ahmed Abdulla Abdul Kadir filed a declaration dated 17-03-1996, attested by a Notary, where-under he dropped the contentions in his complaint. Hassan Saeed followed the suit and admitted his guilt. The two other policemen submitted that they were misguided by Ahmed Abdulla Abdul Kadir in committing arrest and torture against the Judgment Creditor with a view to extort money.

The Hon’ble Supreme Court advised the Judgment Creditor to sue against the perpetrators of the crime for damages and malicious actions.

15) JUDGMENT OF UAE SUPREME COURT WHICH AFFIRMED THE LANDMARK RULING OF LOWER COURT.

The final Judgment of the Supreme Court was rendered on 19-05-1996. The Hon’ble Supreme Court declared that the Judgment Creditor was totally innocent of the charges. The case hoisted against the Judgment Creditor was wholly false, baseless and fabricated by the police for personal gains. The Court observed further that all the pieces of evidence proved propriety in the acts and conduct of the Judgment Creditor.

The conduct of the Prosecutor was strongly condemned. Referring to the principles of Islamic Law, the Supreme Court of Abu Dhabi observed that the law had honoured the man who protected his freedom, his honour, his property and his soul. A person dying while protecting that freedom is considered a ‘martyr’.

With regard to the facts of the case, Supreme Court observed that it was proved that the policemen and other officials sought to arrest the Judgment Creditor without any right and that they curtailed his freedom.

[Link: The Judgment of the 'Apex Court of Abu Dhabi, UAE]

16) UAE GOVERNMENT CONTINUED VIOLATION OF COURT ORDERS AND PERPETRATED VIOLATION OF HUMAN RIGHTS.

The defiant Executive, however, continued the violation of Human Rights. Despite the acquittal by the Trial Court, the grant of bail by the Supreme Court and dropping the charges by his complainant, and finally, the Supreme Court’s declaration precisely in line with the Lower Courts that the Judgment Creditor was totally innocent of the charges, the ongoing arbitrary detention of Judgment Creditor and his brother continued indefinitely.

17) CONTENTION AGAINST THE NON ENFORCEMENT OF UAE COURT’S DECISIONS.

The eminent Jurists Panel of Apex Court cross-examined all aspects of the case and found that the accused was innocent; rather ‘a martyr’. This judgment of the very country in which the police and the Executive Officers perpetrated violation of Human Rights against the Judgment Creditor, held that the Police was answerable for their criminal action.

The ‘Debtor’, the Government of Abu Dhabi, UAE, is responsible for such a grave violation of Human Rights and reparation is legitimately to be reckoned for every day of the deprivation of liberty and violation of Human Rights by the officers and servants of the UAE.

18) AGGRAVATED VIOLATION OF HUMAN RIGHTS BY [FRAUD] DEPORTATION RESULTING IN LOSS OF HIS DIGNITY, RESPECT AND ENTIRE PROPERTY.

Strangely enough, and shocking, the judicial conscience, and giving a jolt to the basic concept of Human Rights, the Judgment Creditor was deported on 28- 09-1996 to India with false and fabricated records without any asset, dignity and respect whatsoever. [Link: The ‘Executive Order of Deportation’ – an ‘extremely fraudulent misrepresentation’, dated 28-09-1996 Abu Dhabi, UAE]

Yet another gross violation of Human Rights was the dare devil action of the Executive of deporting the Judgment Creditor from the country as if the Judgment Creditor was convicted for a crime by the ‘Court of Law’, ignoring the concurrent judicial declaration of the Courts in UAE, the Court of First Instance and the Supreme Court. While so deporting the Judgment Creditor, the Executive Branch was well aware that ‘the reason shown in the deportation order was against the truth.

The deportation order was prepared with the false and fabricated statement, with an intention to save face and simultaneously to avoid paying any reparations. The fraud committed by the Executive Branch of Abu Dhabi has caused grave injury to the Judgment Creditor, that has left him in the worst position than he was in before the fraud.

The U.S. Supreme Court has quoted that, “There can be no doubt that the continuation of a malicious prosecution beyond the initial act of instigation may inflict additional damage upon the victim”.

The competent authority could be justified to pass further orders appropriately dealing with the concerned officers and compensating the Judgment Creditor by awarding compensation which will take in the value of his businesses, freedom or dignity and the assets, lost by him due to the criminal actions of the administration and other officials of the UAE, along with other heads of damages permissible under law.
——————————————————————————————————–
The U.S. Supreme Court has quoted that, “There can be no doubt that the continuation of a malicious prosecution beyond the initial act of instigation may inflict additional damage upon the victim”; [Ray Wong v. Earle C. Anthony, Inc. (1926) 199 Cal. 15 [247 P. 894]. ‘The term ‘prosecution’ is sufficiently comprehensive to include every step in an action from its commencement to its final determination…’ (Lujan v. Gordon, 70 Cal.App.3d 260.)
——————————————————————————————————–
19) CONTENTIONS REGARDING THE CONDUCT OF UAE GOVERNMENT.

It may be recalled that the UAE government was blamed of having been instrumental in defrauding or cheating the Judgment Creditor to avoid honoring its moral obligations and assigned responsibilities. The Judgment Creditor was subjected to total deprivation of his liberty, his business establishments, loss of his accumulated savings and properties, and a great suffering in his dignity as a human individual. Each deprivation by itself justifies the strongest action by the competent authority, in the light of the solid evidence placed before it.

Deprivation of the entire property and life savings constitute a grave violation of Human Rights and the very Right to Life. There are multiple infractions of Human Rights, which constitute a more serious case calling for strongest action on the part of the competent authority. The right to livelihood cannot be subjected to individual fancies of the person in authority.

20) ATTRIBUTION OF CONDUCT TO THE STATE.

The ‘Debtor, the Government of Abu Dhabi, UAE‘ will stand as the fiscally responsible party until the Court Judgment is satisfied. His responsibility to do so will pass on to his successor-in-office; the successor regime is obliged to compensate the victim of state wrongs.

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’.

A three-judge Supreme Court bench in India has observed recently that Decree Holders must enjoy the fruits of the decree obtained by them in an expeditious manner – “It is necessary to remember that success in a suit means nothing to a party unless he gets the relief”. [Reference to the links below].
——————————————————————————————————–
‘HERE WE TAKE A LOOK AT WHAT’S THE LEGAL POINTS OF INTEREST’:

* The Constitution of the UAE and the ‘Arab Charter on Human Rights’ envisages many protective measures under the law. The Article 26, of the Constitution of the UAE it reads:

‘Personal liberty is guaranteed to all citizens. No person may be arrested, searched, detained or imprisoned except in accordance with the provisions of law. No person shall be subjected to torture or to degrading treatment’.

But what the UAE government practice is exactly the opposite of what they preach; making the UAE Constitution itself becomes a solemn mockery!

[Link: http://reparationlaw.com/caselaw/constitution-of-the-u-a-e/ ]

* The Arab Charter on Human Rights, adopted on 15 September 1994 by the League of Arab States, where the UAE is a party. [Link: http://www.refworld.org/docid/3ae6b38540.html ]

*Wife of the late King of Saudi Arabia has won the right to sue his son, Saudi prince for breaching a contract [Link:“The Doctrine of State Immunity” ]

* “Decree Holders Entitled to Enjoy Fruits of the Decree Expeditiously” – Says Supreme Court of India ! Link: ‘Supreme Court Judgment’

* “How does fraud affect a victim? ‘The impact of fraud on victims’ – Supreme Court of India  [Link: ‘Supreme Court Judgment’ ]
——————————————————————————————————–

21) DOCUMENTED EVIDENCE OF TORTURE – HOSPITALIZATION AFTER REACHING IN INDIA.

The Judgment Creditor was admitted in ‘Hinduja hospital’ Mumbai, by the very next day of his release from UAE Prison. There he was treated by different doctors at different specialties including psychiatrists. The Judgment Creditor had a greater degree of psychological stress and physical harm as a consequence of brutal methods used by the Abu Dhabi police under detention. He was advised Post-traumatic stress disorder (PTSD) treatments, Diabetic treatments etc., due to the Pancreas disorder symptoms.

22) PURSUIT OF LEGAL REMEDIES IN INDIA.

The Judgment Creditor fought for justice by invoking all legal flora, including the High Court of Delhi and the Supreme Court of India. The various legal proceedings, costly and time-consuming, are chronicled in [Links] Part A & Part B of the Annexures. They cover events commencing from filing the Writ Petition before the Hon’ble Supreme Court in 1996. The Supreme Court found merit in the case suggested that the Delhi High Court could be approached in the matter under Article 226.

The Delhi High Court by its judgment dated 20-11-1997, directed the Government of India to settle the issue within two months of the date of the judgment. [Link: In the High Court of Delhi, Appellate Civil Jurisdiction]

There was continuous and contumacious delay on the part of the Government of India. No order was passed as directed by the Delhi High Court. This necessitated the Judgment Creditor to approach the Delhi High Court again in 2003. There was an interim order on 28-1-2004 that the Government should intimate the Court of the steps taken to protect the rights of the Judgment Creditor.

The second Judgment of Delhi High Court was rendered on 19-9-2007. It recorded a letter of the Ministry of External Affairs dated 29-7-1998 reading:-

“We are taking up the matter with our Embassy in Abu Dhabi once again, requesting them to pursue the case at appropriate level”. [Link: Second Judgment of the Delhi High Court - 2007]

The Government of India, did not take any action on the order of Delhi High Court, as well as repeated representations and communications from the Judgment Creditor, despite the fact that the most cruel violation of Human Rights and deprivation of freedom or property of the Judgment Creditor had been repeatedly established by judicial verdicts in a foreign country.

23) FURTHER REPRESENTATIONS FOR DIPLOMATIC ACTION BASED ON VIENNA CONVENTIONS.

The International Conventions on Diplomatic and Consular Relations, outlines the rules of law for safeguarding the interests of NATIONALS of the sending States and the treatment of envoys between states. Both the States, India and the UAE are parties to the present Conventions. The functions of Diplomatic Missions according to the Vienna Convention is listed below.
——————————————————————————————————–
Article 5 & 36 of the ‘Vienna Convention on Consular Relations (VCCR) 1963’ specify the duties of consular officials’ when citizens of their country face difficulties in a foreign State.

Representation to Government of India: [Link: ‘Indo-Gulf Reparation Mechanisms’ Timeline Highlighting Submissions & Responses]

[Link: Article 5 & 36 of the ‘Vienna Convention on Consular Relations (VCCR) 1963’] – Done at Vienna, Austria on 24 April 1963. It consist, inter alia, in: (e) helping and assisting nationals, both individuals and bodies corporate, of the sending State.

And also under the Article (3)(b) in the ‘Vienna Convention on Diplomatic Relations (VCDR) – Done at Vienna on 18 April 1961′; the functions of a diplomatic mission under VCDR consist in: (b) Protecting in the receiving State the interests of the sending State and of its nationals, within the limits permitted by international law.

How Far Must We Protect Our Citizens Abroad? Edwin Montefiore Borchard (1884-1951)
——————————————————————————————————

24) INDIA HAD BREACHED ITS OBLIGATIONS UNDER THE INTERNATIONAL CONVENTIONS.

The government of India is in clear breach of its international obligations under the Article (5)(e) Consular Functions of the Vienna Convention on Consular Relations (VCCR) 1963’ – Done at Vienna, Austria on 24 April 1963.

The victim here a citizen of India who has been suffering all through ever since he was a victim of a violent extortion racket in Abu Dhabi police that targeted him. he was illegally arrested, brutally tortured, arbitrarily imprisoned and being held incommunicado and deported illegally from the UAE without any asset whatsoever to India.

The Dignity and Rights of the ‘Judgment Creditor’ was not restored by the Executive authority of Abu Dhabi, as directed by both the Courts, the Court of First Instance and the Supreme Court, Abu Dhabi, UAE.

The Government of India has not been able to get justice for the Judgment Creditor so far, except a cruel and deliberate betrayal over the past two decades”. Virtually, the Judgment Creditor was transferred from one cage to another, his freedom or dignity and his professional life continues to be denied indefinitely despite his running from pillar to post, to restore his dignity and respect and to recover his assets.

Further about the UN Articles on Diplomatic Protection, it has been codified by the existing customary International Law on the protection of NATIONALS abroad or whose Property Rights have been unlawfully violated abroad by a foreign government. [Link to the Article is given below].
——————————————————————————————————–
The doctrine of ‘international responsibility’ [Link: The ‘Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power’ (Adopted by General Assembly resolution 40/34 of 29 November 1985)

The Articles on Diplomatic Protection: In May 2006, the International Law Commission (ILC) has adopted the Articles on Diplomatic Protection, These articles largely codify existing customary international law on the protection of nationals abroad by means of diplomatic protection. [Link: Articles on Diplomatic Protection]

Indian expatriates are exposed to the extreme degree of Human Rights Violations in the Arab Gulf. [Link: India's National Shame!]
——————————————————————————————————-

25) FURTHER FACETS OF VIOLATION OF HUMAN RIGHTS.

The brutal torture of the Judgment Creditor at the Abu Dhabi prisons have caused him irreparable and serious physical ailments. As a result, at his advanced age, he is suffering now great strain, physically and mentally. the Judgment Creditor’s two children and wife who are also subjected to great sufferings as a result of the unjust deprivation of his entire property and their sustenance and facilities of life. The unabated agonies of the Judgment Creditor continues for over two decades. the Judgment Creditor’s younger brother who suffered great physical pain and mental anguish has also taken its toll on his life.

26) THE UN WORKING GROUP ON ARBITRARY DETENTION (UNWGAD).

In February 2016, the UN Working Group on Arbitrary Detention (UNWGAD) announced its decision finding that the detention of WikiLeaks founder Julian Assange is unlawful. The United Nations Working Group has ordered that the Swedish and British authorities to end Mr. Assange’s deprivation of liberty, respect his physical integrity and freedom of movement, and afford him the right to compensation.

The UN Working Group on Arbitrary Detention (UNWGAD) had given inspiration to the suffering individuals in various parts of the world by its glorious Judgment in Assange’s case. A laudable principle was also declared. Various forms of deprivation of liberty “constitute a form of arbitrary detention”. [Link: The Judgment in Assange’s case]

An illustrative precedent of UN Working Group in meting out justice to a person whose Human Rights had been violated are grave criminal acts and serious violation of Human Rights justifying the intervention of the UN Working Group.

Assange lost in all legal proceedings including the appeal to the highest Court in United Kingdom. The UN Working Group, however, meted out justice to the deserving individuals, when fact established beyond doubts the violation of Human Rights.

27) CONCLUSION.

In the case of the Judgment Creditor, there has been integrated and connected activities on the part of the policemen and the officials of Abu Dhabi, UAE and the UAE Government itself in arresting without justifiable reasons; malicious and deliberate misuse of power, subjecting him to torture, violating the provisions of production of an accused in a Court of Law, prolonged arbitrary detention, disregarding the verdict of the judiciary on the innocence of the victim, and violating the basic principles of a civilized Government of honouring verdict of the judiciary, Executive abiding by such verdict.

The Legal Court of First Instance of Abu Dhabi was declared that the conduct of the policemen clearly proved the malicious motives in initiating a criminal complaint against the Judgment Creditor. However, an order of enquiry passed by the Legal Court [Link] against the conduct of the Policemen was ignored by the UAE authority. The conduct of the Prosecutor too was condemned.

The relevant portion of the Final Judgement [Link] of the Supreme Court of Abu Dhabi, praising the qualities of the Judgment Creditor and condemning the malicious actions of his ‘debtors’ is reproduced here for ready reference:-

“All the pieces of evidence proved propriety in the acts and conduct of the Judgment Creditor. With regard to the facts of the case, the Supreme Court observed that the law had honoured the man who protected his freedom, his honour, his property and his soul. A person dying while protecting that freedom is considered a martyr. And it was proved in this case that the policemen and other officials sought to arrest the ‘Judgment Creditor’ without any right and that they curtailed his freedom”.

The illegal deportation of the Judgment Creditor by the Executive of Abu Dhabi, UAE, on fraudulent grounds has multiplied the devastating effects on the victim, such as:-

His dignity and freedom remained lost arbitrarily as he was deported on a ‘fraudulent order’ [Link] issued by UAE Administration purposefully in order to avoid honouring its obligations. His entire assets and properties remained lost; as he was denied access to his three major business establishments [Link] and assets in Abu Dhabi, UAE, that caused ‘Multi-billion Dollars’ worth of damages;

His dignity, respect and all his assets remains lost even after two decades of passing the ‘Historic Judgments of the Highest Court of Abu Dhabi, due to non-enforcement of Judgments. The anguish resultant from the deprivation of his freedom, dignity and property, as such the huge business assets, earned only through his untiring personal efforts causes mental depression which will virtually make the life only a vegetable existence.

Thank You!

Panikkaveetil K. Jabir,

Founder-CEO, M/s. Overseas Indians’ Legal Cell.

Link To Articles

• 1) ‘Judgment Creditor Booklet to Enforce UAE Judgments’
• 2) “Marking the 20th Anniversary of the Abu Dhabi Police-Looting”
• 3) Unique is the case of ‘Judgment Creditor’ – “The White Paper“
• 4) “The worst cheating scandal of Abu Dhabi, United Arab Emirates”
• 5) Real-life ‘Judgment Fraud’ by the UAE Administration Uncovered!
• 6) Khobragade scandal sheds new light on India’s rotten diplomacy!
• 7) Truth and Justice are being nakedly sacrificed for “UAE Reputation”
• 8) The legacy of torture in the UAE; you may have never heard of!
• 9) India’s “National Shame”, the Ministry of External Affairs!
• 10) Representation for ‘Indo-Gulf Reparation Mechanisms’
• 11) A Portfolio of UAE Judgments For Sale!
• 12) Reparation Law
• 13) Publications
• 14) Archives

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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:

• 1) Colombia worries as troops join Arab mercenary force
• 2) International Convention against the Recruitment, Use, Financing and Training of Mercenaries – 44/34 The General Assembly
• 3) UN Expert Reports ‘Alarming Resurgence’ in Use of Mercenaries to Violate Human Rights, Often in New, Novel Ways, in Statement to Third Committee
• 4) ‘No mercenary group is working in the UAE’ – Reply by the ‘Permanent Mission of the United Arab Emirates to the United Nations New York’ under Ref: 2012/991
• 5) “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, UAE] for June 2010 to May 2015. Size 6.05MB PDF”
• 6) Taulbee J., (1985) ‘Myths, Mercenaries and Contemporary International Law’, California Western International Law Journal Vol. 15, No. 2, p. 339-363.
• 7) Top 18 Secret Mercenary Armies of the CIA
  

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

• 1) UAE’s Military Expenditure Database – SIPRI
• 2) Abu Dhabi’s Mubadala eyes bigger regional military supply chain role
• 3) UAE, Egypt plotting coup in Libya, say revolutionaries
• 4) UAE Funding Former Dictator’s Son for Coup in Yemen
• 5) UAE Spending Billions of Dollars to Topple Tunisia’s Marzouki
• 6) UAE Behind Egypt’s Coup
• 7) Evil prospers when good men do nothing
• 8) What, man, defy the devil: Save mankind from dictators!

Reports on ‘Human Rights in the UAE’

• 1) Real-life Judgment Fraud by the UAE Administration Uncovered!
• 2) UN expert calls for probe of ‘torture’ in UAE prisons
• 3) Solidarity with UAE lawyers
• 4) Human Rights Watch World Report 2014: United Arab Emirates
• ‘5) UAE: Human Rights Watch Official Refused Entry’
• 6) Truth and Justice are being nakedly sacrificed for UAE’s Reputation
• 7) The legacy of torture in the UAE; you may have never heard of!
• 8) A Gift with Lots of Baggage – Sarah Leah Whitson, Human Rights Watch
• 9) The Moral Greatness of UAE is not admirable, and praised when they are not praiseworthy!
• 10) Learn about corrupt practices in UAE
  

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UN expert calls for probe of ‘torture’ in UAE prisons

UN Special Rapporteur on the Independence of Judges and Lawyers, Gabriela Knaul, at UN headquarters in San Salvador on November 26, 2012 (AFP Photo/Jose Cabezas)

Abu Dhabi (AFP) – A UN expert on Wednesday urged an independent probe into allegations of torture in United Arab Emirates prisons, which she was not allowed to visit during a fact-finding mission.

Gabriela Knaul, the UN Special Rapporteur on the Independence of Judges and Lawyers, also criticised “violations” and a “lack of transparency” in court proceedings in the Gulf country, where dozens of Islamists have been rounded up.

Knaul called for independence for the UAE judiciary, which she said “remains under the de facto control of the executive branch of government.”

The UAE foreign ministry welcomed her visit, pledging to “study the remarks and recommendations” she made.

But it complained that some of Knaul’s comments “were based on information that had no known sources and was consistent with a politically motivated campaign by a group seeking to distort the UAE’s reputation.”

In her preliminary report on a nine-day visit, Knaul urged the UAE to “establish an independent committee to investigate all allegations of torture and ill-treatment in detention.”

She told a press conference she had received “credible information and evidence” that detainees are arrested without warrant, blindfolded, taken to unknown places and held incommunicado, sometimes for months.

She said she also had evidence of detainees being “tortured and/or subjected to ill-treatment” including by being put in “electric chairs.”

She said she was not allowed to visit prisons or meet with certain detainees, adding that “on one occasion, I was followed.”

The UAE has not seen any of the widespread protests that have swept other Arab states since 2011. However, authorities have cracked down hard on dissent and calls for democratic reform, drawing criticism from human rights groups.

The top UAE security court last month jailed a group of 30 Emiratis and Egyptians convicted of forming a Muslim Brotherhood cell for terms ranging from three months to five years.

The 10 UAE citizens in the group were among 69 nationals jailed in July for up to 15 years on separate charges of plotting to overthrow the government.

Evidence sometimes ‘fabricated’

In her report, Knaul said supreme court rulings must be subject to appeal, criticising “an apparent lack of transparency during both the investigation phase and court proceedings.”

She spoke of claims that “evidence is sometimes manipulated and fabricated by the police or other security agencies and the prosecution.”

“The lack of transparency is compounded when the court hearings are not public,” she added.

Only selected relatives of the defendants, in addition to local journalists and representatives of human rights groups were allowed to attend the Islamists’ trial.

Knaul also accused the UAE of “disturbing” treatment of women “who dare to file a complaint for sexual assault.”

In July, a Norwegian woman was released following a pardon by the Dubai ruler. Although she had filed a rape report with police, the woman found herself tried and jailed for extramarital sex, perjury and consuming alcohol without a licence.

The UAE, which is home to millions of expatriates, must also “redouble efforts to allow access to justice, in particular to vulnerable groups, such as migrant and domestic workers,” she said.

It should provide “quality interpretation and translation for non-Arabic speakers at all stages of legal proceedings.”

In 2010, the appeal of 17 Indian expatriates sentenced to death after being convicted of killing a Pakistani was repeatedly delayed for lack of an interpreter, drawing strong criticism from Indian human rights groups.

The court later commuted the death sentences to two years in prison followed by deportation.

Photograph: The U.N. Special Rapporteur Gabriela Knaul

UN Special Rapporteur on the Independence of Judges and Lawyers, Gabriela Knaul, at UN headquarters in San Salvador on November 26, 2012 (AFP Photo/Jose Cabezas)

‘Solidarity with UAE Lawyers’