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

Introductory Note

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

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

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

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

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

“Truth and Justice are being nakedly sacrificed for UAE’s Reputation”:
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(Scene One) Primarily in a civil case, it was for a defeated landlord

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

EndNote

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

Principal Resources

• ‘A Representation to the Government of India’
• ‘Indo-Gulf Reparations’ Movement
• Photograph: Sheikh Khalifa, President of the UAE on the media, the Guardian UK
• The Promises and Perils of the UAE Constitution and more
• ‘Give us a hand by making a contribution to enforce the Judgments of the UAE Courts’
• Is the External Affairs Ministry of India above the Law?
• ‘India’s National Shame’
• Document Archives
• Published by: The Overseas Indians’ Legal Cell

Ministry of Interior UAE Celebrates International Human Rights Day

Abu Dhabi: The Ministry of Interior, represented by the Human Rights  -

Photograph Security Media, Ministry of Interior and the Abu Dhabi Police

Department, organized a seminar to commemorate International Human Rights Day. The event, which is celebrated annually on December 10th, was held at the Ministry of Interior’s auditorium. This year’s event took place under the slogan “20 Years of Working for your Rights” and marked the 20th anniversary of the establishment of the Office of the High Commissioner for Human Rights.

Brigadier Ahmed Mohammed Nehkairah, Head of Human Rights Department at the Ministry of Interior attended the seminar along with Mahir Al Obad, Assistant Undersecretary for Inspection Affairs at the Ministry of Labor; Brigadier General Dr. Abdullah bin Sahoo Al Suwaidi, Director General of Residency and Foreigners Affairs in Sharjah; Brigadier Mohammed Khalifa Al Marar, Director General of Undersecretary Diwan at the Ministry of Interior; and a number of other officers from the Ministry of Interior.

In his speech, Brigadier Nehkairah said that the Ministry of Interior is one of the ministries responsible for protecting Human Rights. He said that the ministry is committed to keep up with national and international developments in human rights, and is determined to increase the awareness of human rights within the ministry: “The Ministry of Interior is keen to boosting collaboration with all concerned bodies and authorities. This strategy aims toimplement the best methods and practices that can improve the UAE’s position in both regional and international spheres.

He also added that the ministry is deeply concerned with institutional structures that take care of and maintain human rights and is concerned with protecting victims against any infringements that they might be subjected to. To attain this goal, the ministry established the Human Rights Department and other establishments. The ministry has also inaugurated the Human Rights Committee and the National Committee to Combat Human Trafficking, in addition to giving extra care to all members of society, especially women, children, people with special needs, the elderly, and crime victims.

Brigadier Nehkairah concluded his speech by thanking the attendees for the efforts they made to bring it success. He also wished them luck and success.

For his part, Brigadier General Dr. Abdullah bin Sahoo Al Suwaidi, Director General of Residency and Foreigners Affairs in Sharjah, elaborated in his essay on the efforts made to protect house maids in the UAE. He pointed out that the UAE is a role model in the field of human rights, particularly among the labor force. He explained how the country’s higher leadership has offered the labor force all of its attention by issuing legislations and programs that grant workers a respectable life. This strategy was reflected in the UAE 2021 Vision which aims to establish a stable job market that is based on a productive work force that has the ability to strengthen the economy.

He added that the UAE is toiling at various levels to protect the rights and freedoms of individuals, and to improve their living conditions; issues that come at the top of the federal government’s priorities. “The country’s leadership did not only concentrate on the legislative aspect; it has joined efforts with various government and private institutions to achieve this goal, out of the abiding faith in the need to work according to a unified system to protect human rights and support the labor force.

He stated that domestic service workers are subject to direct supervision by the Ministry of Interior, and that the ministry has taken all the necessary measures to improve their conditions. This is in line with the ministry’s objectives of achieving equality, preserving human rights, and protecting domestic service workers in the UAE. To attain these objectives, the ministry has issued a number of procedures to safeguard and aid the laborers. The procedures include, but are not limited to, imposing work contracts, holding specialized training programs, and establishing institutions that educate, raise awareness, and settle disputes.

Brigadier General Abdullah bin Sahoo Al Suwaidi said that the government is making efforts to implement a law designed specifically for domestic workers. The law will mark a milestone in the government’s journey in improving the laws and regulations that aim to create security, stability, and a respectable life for all the people that live in this country.

The bill contains a number of articles that protect the rights of domestic workers. These include articles that will help the organization of labor agencies and define their responsibilities, regulate work conditions and time off. The articles specify what the employers’ responsibilities are and impose inspections on all domestic service agencies, making sure that employers meet certain requirements regarding working conditions and accommodation. The articles also address compensation laws and other rights the workers are entitled to through their contracts.

The new law will complement the government’s procedures in protecting domestic service workers, eliminating bad practices that the workers are sometimes subjected to, and ensures the rights of these workers in their different categories.  Along with this new law, the Emirati judicial system was able to create an exemplary department that specializes in such labor cases. The Abu Dhabi Judicial Department (ADJD) took an unprecedented step and established a judicial section at various judiciary levels that specializes in domestic service-related issues. These courts work within the framework of the UAE’s judicial system, and is meant to apply the principles of specialized laws, ensuring and providing more protection for these workers. ADJD also decided on establishing a specialized committee that will settle domestic service-related disputes. The committees will be responsible for reconciliation and will work under the Alternative Disputes Resolution (ADR) Section at the department.

Mahir Al Obad, Assistant Undersecretary for Inspection Affairs at the Ministry of Labor, presented an essay on human rights in relation to job market, highlighting the Ministry of Labor’s mission to regulate the job market. He also explained that the ministry is committed to providing basic rights for laborers because the UAE’s leadership believes that workers deserve to have their rights protected. Based on this vision, the government issued Federal Law NO. (8) Of 1980 regulating work conditions. The government issued amendments and executive orders with a view to establish a legal framework that will protect workers. He pointed out that the Emirati legislator granted women and juveniles their rights, and placed these regulations within the framework of law to ensure their protection by issuing standards and principles defined in Federal Law NO. (8) Of 1980. This law preserves the worker’s rights. Through this law, the Emirati legislator defined the conditions of hiring workers, and drafted the laws that prevent juveniles under the age of 15 from working. This law also grants women their rights and prevents them from being hired for dangerous work. It also grants women their maternity leave and designated breastfeeding hours.

Mr. Al Obad emphasized the need to regulate the job market to ensure foreign workers are granted their rights, and emphasized the fact that workers have freedom of choice and are working in a country that has a system of transparency. This was accomplished by cooperating with their home countriesin order to deliver awareness programs that are offered when they leave their countries, and are offered upon arrival in the UAE.

The regulations also limit labor agencies’ activities, which ultimately helps prevent cases of human trafficking. In addition to that, various mechanisms and procedures were developed to issue work permits, eliminating black market visas and makes changing jobs an easier process.

He also explained that the Ministry of Labor has taken several steps to control the job market by granting workers the right to move to a new job after finishing the specified employment period indicated on their contracts, granting the worker the right to moving to a new employer if his current employer does not execute his obligations, and developing a system that protects employees’ salaries.

Mr. Al Obad concluded his presentation by pointing out the international agreements that the UAE has signed with the International Labor Organization.

At the end of the event, Brigadier General Abdullah bin Sahoo Al Suwaidi and Mr. Mahir Al Obad answered the audience’s questions.

Photograph: Security Media, Ministry of Interior and the Abu Dhabi Police