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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Endnotes:

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

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

Reference Links:

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

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

Features on ‘Human Rights in the UAE’

• 1) Real-life Judgment Fraud by the UAE Administration Uncovered!
• 2) Solidarity with UAE lawyers
• 3) Truth and Justice are being nakedly sacrificed for UAE’s Reputation
• 4) The legacy of torture in the UAE; you may have never heard of!
• 5) Indo-Gulf Reparation Mechanisms Timeline – Submissions & Responses
• 6) A Gift with Lots of Baggage – Sarah Leah Whitson, Human Rights Watch
• 7) The Moral Greatness of UAE is not admirable, and praised when they are not praiseworthy!
• 8) Learn about corrupt practices in UAE

Resource Links:

UAE Judgments For Sale! – What does it mean?

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

Court Judgments are not worthless piece of papers!

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

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

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

[ A part of ‘Representation to the Ministry of External Affairs, Delhi, 2013′ Full Text ]

The representation to the Government of India sheds light on the active involvement of this petitioner, a THREE times of ‘Judgment Creditor’ (winner) from the Legal Courts of Abu Dhabi,  in the process of getting justice and its far-reaching consequences. Visit the featured report: “The legacy of torture in the UAE; you may have never heard of”. Full Text

Underground lockup

The first 21 days of my prison life was in an underground lockup at the ‘Asma’ police station. It was an overcrowded cell with a sort of “sardine treatment”. Even elementary facilities to lie down or even a sheet not provided to sleep on.

There I was subjected to the greatest ordeals by being kept incommunicado in solitary confinement in the name of interrogation. I was confined to secret detention centers in different days with all sorts of malpractices resulting in injury, bodily damage and injury to reputation.

Thereafter I was taken to” Al Wathba Central Prison”, Abu Dhabi. At the entrance, there were small cabins. I spent the very first day in one of those cells. They completely shaved off my head with a primitive type of instrument, a torture indeed.

Whenever inmates of the prison go out of the cell they also get shaved off their head. When inside, photographs are taken for identification. After seizing all my belongings including my cloths, they provided two shirts and two pants not of suitable size, indeed blue coloured rags, 2 blankets, a plastic cup and a plate intended to collect food. Both were broken and unhygienic. When I asked for a change, a policeman showed to me another shelf with worse material, playing a cruel joke on a helpless prisoner. After spending one day for complying with prison formalities, I was dispatched to block No.10.

 Central Prison

The block 10 at central prison on the ground floor of a three storied structure. A round shape hall consisting of 21 Nos. of smaller rooms for more than two hundred prisoners. There were six latrine and three bathrooms but most of them were not in useable condition, thus leaving only one latrine and a bathroom for over two hundred prisoners.

The Wathba Central prison is overcrowded with over three thousand prisoners. In scorching heat of the desert, within concrete cages, prisoners are made to live in inhuman conditions without the basic necessities of life. The food was most unpalatable and unhygienic. Prisoners sustain their life with fermented camel meat and wormy food-grains and clamoured there for a glass of cold water in the hot summer days. Not even a fan provided in those concrete cages. Many prisoners were dumped in the corridors and pinning for a little cool breeze. Even a breath of fresh air was a precious boon! The heartening fact is that many innocents are made to languish here under the banner of criminals which cast a stigma on them for life.

Food Schedule

The prison authorities strictly prohibited outside food. The prisoners were cut off completely from outside. Prisoners had no access to daily news not to say about electronic media. They were victims of perpetual torture, mentally and physically. For elementary rituals in cleanliness, the prisoners were provided with a 100 gm. Bath-soap along with 200 gm. Of detergent, for a period of 50 – 60 days.

The food schedule was as follows:

In the morning: A glass of tea, a piece of bread with a trickle of jam or film of cheese.

Lunch at noon : An oily rice preparation with a piece of camel meat or the like. Occasionally, an orange or an apple.

In the evening : A piece of bread, Lentil curry and a glass of tea without milk.

No other item is provided by the authorities. For many weeks, we couldn’t get a tooth brush. Local inmates usually get toothpaste, brush, writing papers and pens through their special visitors. The plea to get a special visit, always used to be rejected by the public prosecutor.

Visiting Schedule

At the central jail there was a normal visiting schedule, every Thursday, from 4 to 6 P.M (2 hours) and on every Friday between 8 and 11 AM. (3 hours) males can visit the inmates. In order to get a place in the long queue, the visitors would have to start their journey at midnight.

The visiting room is constructed with an area of 3 x 4 meters, with two line steel fencing. It is the only visiting area for the entire male prisoners of the central jail. At every nook and comer police were posted. In the dense crowd, it is very difficult to get in and to see the visitor. A visitor can bring cigarettes for their prisoners. Only permitted item is cigarette for the normal visitor.

Prison Clinic

There is a clinic in the jail compound. But meant only for the locals and other Arabic citizens. No action would be taken by authorities if prisoners fall sick.

Lighting System

The entire electrical system in the cells are controlled from outside by guarding police, who never bother to use it in a proper way, for weeks the light may be on and for weeks, it may be in total darkness.

Flogging

The prisoners were regularly flogged alleging that they violated some rule or other. A person resorting to hunger strike gets 10 Nos. of “major flogging”. It can entail delay in his release from the Jail.

Cleaning Duties

Only Indian, Pakistani and Bangladesh prisoners were called for cleaning duties.

The Agony and Pain

During the entire period of detention, we were subjected to all forms of humiliation, mental agony and unimaginable pain. Though the prison with appealing exterior has been constructed, that remained only a show-piece for the police administration to parade before visiting personalities from the outside world. We, along with three thousand other prisoners in the central prison had been subjected to the most cruel torture and deprivation of basic amenities.

The X-rays and other medical documents would demonstrate the pitiable conditions of us. The physical injuries inflicted on us, had endangered the health and the life of ours. This had the effect of reducing us to nervous wrecks.

Financial Losses

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

A Long Journey To Court

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

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

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

On reaching Court premises, the prisoners are all again packed in a small and narrow room without any ventilation whatsoever. The local prisoners are permitted to smoke there by the support of policemen. We, non-smokers were choked by the dense tobacco smoke gathering inside the tiny hole without any air -outlet. The Court finds time only to deal with a very few cases and most of the cases get adjourned. After returning from the Court, every prisoner was usually subjected to an examination by Alsatian dogs.

Principal Source: http://www.judgmentforsale.com/publications.html

The Prison-life of the Petitioner – ‘My Prison-life in Abu Dhabi’
[Download PDF - 92 KB]

NOTE: Further details of the establishments and related documents other than what is listed above are also available at: http://www.lawyersindia.com/outsourcing/

Shri. Panikkaveettil K. Jabir,
Overseas Indians’ Legal Cell,
5th Floor, Metro Plaza Building, Market Road, Kerala, Kochi – 682018.

[ A part of ‘Representation to the Ministry of External Affairs, Delhi, 2013′ Full Text ]

The representation to the Government of India sheds light on the active involvement of this petitioner in the process of getting justice and its far-reaching consequences. Visit the featured report: “The legacy of torture in the UAE; you may have never heard of”. A true story of an Indian national, a torture survivor of inside the regime’’s brutal prison in Abu Dhabi, United Arab Emirates and most importantly a THREE times of ‘Judgment Creditor’ (winner) from the Legal Courts of Abu Dhabi, United Arab Emirates. Full Text

Photograph:
It’s dangerous to be right when the government is wrong! -
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