“Thanks to State Department Cables, a U.S. Torture Victim Won a Rare $10 Million Settlement against UAE ruling family” – The condition: Silence in the Press.

[Nearly three decades after he was tortured by high-ranking officials in the United Arab Emirates, Los Angeles resident Khaled Hassen secured a $10 million settlement against the top three members of the country’s ruling family. As a condition of his settlement, Hassen is not allowed to speak about the case; documents confirming the secret agreement was obtained by the Intercept through a “hacker,” or someone who had access to UAE Ambassador to the U.S. Yousef Al Otaiba's hotmail account. Hassen, who was held for two years captive in Abu Dhabi prison from at least 1984, brought the suit only in 2009 the Intercept reports].

“THANKS TO STATE DEPARTMENT CABLES, A U.S. TORTURE VICTIM WON A RARE $10 MILLION SETTLEMENT AGAINST UAE RULING FAMILY”
[By ‘Ryan Grim’ and ‘Alex Emmons’]

An American citizen won  a rare $10 million torture settlement against three top members of the ruling family in the United Arab Emirates, after State Department cables proved the man had indeed been detained as he had claimed.

The confidential and previously unreported settlement was paid out in May 2013, according to documents extracted from the hotmail account of UAE Ambassador to the U.S. Yousef Al Otaiba. The documents were provided to The Intercept either by a hacker or someone who had access to his account.

Settlements for torture victims are extraordinarily rare, making the payout to Los Angeles resident Khaled Hassen that much more surprising.

Hassen’s case was brought in federal court in L.A. against three of the most powerful figures in the Gulf — the crown prince of Abu Dhabi, Sheikh Mohammed bin Zayed al Nahyan, known in Washington as MBZ, a man particularly close to Otaiba; the emir of the UAE, Sheikh Khalifa bin Zayed al Nahyan; and General Saeed Hilal Abdullah al Darmaki.

The case had more than geopolitical hurdles to overcome: it was seeking justice from an abduction all the way back in January of 1984, when Hassen was working for a member of the royal family consulting on weapons contracting. Competition for contracts in the arms-trade industry can often turn violent, as it did in Hassen’s case. At the time, the three defendants were also in the arms trading business, and were rivals of Hassen’s boss as they all fought to rise through the ranks of the UAE power structure.

MBZ personally witnessed some of Hassen’s torture, Hassen claimed.

Hassen, in his suit, claims he was held in a windowless 7 by 10 foot cell until November 1985, beaten, blindfolded for days at a time, with the air conditioner cut off in the summers, causing the temperature to rise to excruciating levels. His feet and legs, he said, were bound together and he was hung upside down for long periods of time; he was fed foul tasting liquids that brought on “severe pain and hallucinations.” All the while, the State Department was working feverishly to locate and visit with him, the cables indicate.

The suit was filed in February 2009, just weeks after the Obama administration took office. In November, the judge warned that the case was going to be dismissed for lack of action, as the defendants, who were in the UAE, had not been served. So Hassen’s attorneys served Otaiba instead, and the judge accepted it.

To overcome the denials of the UAE government, Hassen’s lawyers cited State Department cables that were released in 2006, showing U.S. embassy officials trying to locate Hassan and secure his release. “Special state security arm which claims even it has no jurisdiction over Al-Hassan [sic] admits latter does remain detained in Abu Dhabi under personal supervision of ‘highest levels’ of government…” one cable from July 1984 reads.

One of the UAE’s U.S.-based lawyers, Hamilton Loeb, noted in one email to Otaiba on July 2, 2010, that Hassen had produced nine State Department cables from 1984-1985 “that are somewhat ugly.” In them US embassy reports that after initial denials, UAE authorities confirmed Hassen was being held by a ‘special state security arm…under personal supervision of ‘highest levels’ of government.”

Loeb, who didn’t respond to a request for comment, told Otaiba that the cables made it impossible for the UAE to deny his imprisonment, and gave the case a credibility that they needed to take seriously, especially given the geopolitical implications.

Most cases that old don’t get very far — the statute of limitations on the U.S.’s Torture Victim Protections Act is 10 years — but Hassen argued that the power the men wielded made it reasonable for him to wait. He finally decided to go forward, he reasoned, because the UAE had decided it wanted to be on good terms with the US — a relationship that might be soured if an American citizen were murdered on American soil in retribution for a lawsuit.

Plaintiffs are typically required to exhaust all legal options in the home state of the defendants before bringing suit in the U.S., but Hassen argued that the courts in the UAE have no independence, and are controlled by the very people he is suing.

Most importantly, he argued, the release of the cables made it possible for him to prove his case.

The judge let it go forward.

Otaiba and the country’s foreign minister worked hard behind the scenes to shield the ruling family from liability, with limited success. U.S. law creates a process to remove a sitting head of state from a lawsuit for diplomatic purposes, and Otaiba successfully lobbied the State Department to request the emir be struck from the case. But Clinton declined to do the same favor for MBZ or al Darmaki.

On January 9, 2011, Minister of Foreign Affairs Abdullah bin Zayed Al Nahyan thanked Clinton and the Department of Justice for granting the emir immunity, but pressed the case of MBZ. As a sign of how seriously the Emirates were taking the case, bin Zayed relayed to Clinton that he wanted to add it to the agenda of her upcoming trip to the Gulf.

Otaiba prepared talking points with a U.S. legal team, according to the emails, relying on a precedent set by Israel, a country that the UAE does not officially recognize, but with which they work in concert on regional issues in Washington. “We held off asserting ‘official acts’ in the initial round, in the belief that the judge would dismiss all claims on other grounds and thereby not require the UAE involve itself further in eliminating the lawsuit. The judge to whom the case was assigned, however, is brand-new on the bench and favorably disposed to claimants like Hassen. Accordingly, the UAE now needs to obtain State intervention to assert official acts immunity. If State does so, it is virtually automatic that the judge will dismiss the claims,” the talking points read.

“This is the same immunity that, for example, the Israelis used successfully to obtain State’s intervention in the Gaza apartment shelling case against Avi Dichter.”

The reasoning didn’t work, and MBZ remained on the case. When she was replaced by John Kerry as secretary of state, Otaiba pushed him as well.

On March 25, 2013, Kerry sent bin Zayed a letter that began: “Your Highness: It was a pleasure seeing you in Abu Dhabi on March 4, and I thank you for your letter regarding the case of Hassen v. Sheikh Khalifa bin Zayed Al Nayhan et al.”

It read in full:

Attorneys from the Department of State’s Office of Legal Adviser recently met with Mr. Hamilton Loeb, one of Sheikh Mohammed’s attorneys, and discussed with him your request that the United States file a suggestion of immunity on behalf of Sheikh Mohammed. The Department will continue to monitor this case closely and continue our communications with Mr. Loeb concerning developments in the litigation.

Kerry, those who worked with him say, always enjoyed his time in the Gulf region meeting with leaders there — the fabulously expensive bottles of wine that are routinely uncorked when the ruling elite dine agree with Kerry’s elite sensibilities. But the wine wasn’t enough to buy MBZ’s way off the Hassen case, and Kerry’s diplomatic brush off seems to have sent UAE leaders scrambling toward a settlement.

By May 2, 2013, just a few weeks after Kerry’s rejection, the deal had been signed and counter-signed, and wiring instructions for a $10 million payout were circulated by Otaiba. The condition: silence in the press.

“The Embassy is not commenting on the emails,” said the Harbour Group’s Richard Mintz an Otaiba representative. The Intercept reached out to the law firm who represented Hassen and a woman there said the firm couldn’t comment on the case and immediately hung up.

In April 2013, the same years as Hassen’s settlement, the UAE government imprisoned Shez Cassim, a US citizen from Minnesota, for producing a satirical video about Dubai youth culture, the beginning of a horrifying odyssey through the country’s prison system. Soon, Otaiba would be fielding calls and emails from the Minnesota congressional delegation on the detention of Cassim, who became a cause celeb for comedians in the U.S., including Will Ferrell and others at Funny Or Die.

“I continue to be shocked that he is still in jail,” Sen. Amy Klubuchar (D-Minn.) wrote in one email to Otaiba on Christmas Day 2013. “I believe your country has reached a place on the world stage where these things matter even if they were acceptable in the past. That is the case I hope you can make.”

Otaiba told Klobuchar he would continue to lobby MBZ — fresh off the $10 million settlement for allegedly overseeing the torture of Hassen — to release Cassim. “I assure you that’s precisely the case I am making and it does have merit,” he assured her. He was released the next month.

In May 2014, Otaiba authorized the release of that year’s payment to Hassen after a search of the media turned up no articles on Hassen’s case.

Last Updated: July 13, 2017
***

View Excerpts from Failed Arguments of the Defendants, Central District Court:- Khaled Al Hassen v. Sheikh Khalifa Bin Zayed Al Nahyan – The Attorneys for Defendants

* UAE offers a more adequate and alternative forum for Plaintiff’s claims; The UAE Constitution prohibits wrongful arrests, improper detention, and torture of all persons, including non-citizens.

* Litigating Plaintiff’s claim in California would be inefficient and unfair for Defendants, who reside in the UAE and hold extremely high governmental positions which require their presence and attention. Therefore, Plaintiff’s claims should be dismissed because this District is a seriously inconvenient forum for this lawsuit.

* Sheikh Mohamed and Sheikh Khalifa Are Absolutely Immune Under the Head-of-State Immunity Doctrine Regardless of whether general or specific jurisdiction exists, this Court cannot exercise personal jurisdiction over Sheikh Mohammed and Sheikh Khalifa under any circumstances because they are heads of state recognized by the U.S. Government, and thus “absolutely immune from personal jurisdiction in United States courts”.  …
Read full text: ‘Failed Arguments of the Defendants – Motion to Dismiss Case’

 ‘Khaled Case’ Full Text:  ‘Khaled Al Hassen v. Sheikh Khalifa Bin Zayed Al Nahyan’ @ United States Courts Archive

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GLOBAL CAMPAIGN!

“Twenty one years of arbitrary detention in various forms by the UAE administration, denying fundamental rights and grossly offending the values of human dignity”.

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

• First they came for the Indians, I remained silent – I was not an Indian;
  Then they came for the Europeans, I remained silent – I was not a European;
  Then they came for the Americans, I remained silent – I was not an American;
  Then they came for the Emiratis, I remained silent – I was not an Emirati;
  Then they came for the Qataris, I remained silent – I was not a Qatari;
  Then they came for me – and there was no one left to speak out for me.

Link To Global Campaign

• ‘Abu Dhabi Crown Prince and de facto ruler of the UAE Federation, Mohamed bin Zayed al-Nahyan, is a fugitive from justice. The Government of India has also helped him remain a ‘fugitive debtor’ all these years! ‘A total shame for the so-called India-UAE relations’!
• ‘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′
• UAE Fraud: In the instant case, the Emir, the de facto ruler of Abu Dhabi, UAE, played a full-length drama of cowardice. It remains a global shame for the law abiding citizens!
• Observe the ‘Republic Day of India 2017′ as ‘Black Day’ in Protest Against the Decision of the Government of India to Invite the ‘Crown Prince of Abu Dhabi’ as the Chief Guest of the Day!

Link To Articles

United Arab Emirates state security officers have subjected detainees to systematic mistreatment, including torture, say hand-written letters from detainees smuggled out of jails, Alkarama, Amnesty International and Human Rights Watch said today.

The groups obtained 22 statements written by some of the 94people on trial for allegedly plotting to overthrow the government. The mistreatment described in the letters is consistent with other allegations of torture at UAE state security facilities, and indicates that torture is a systematic practice at these facilities.

The statements describe conditions in pre-trial detention in varying levels of detail.  Several detainees describe mistreatment that clearly meets the definition of torture as outlined in article 1 of the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which the UAE ratified in July 2012. “I was beaten with a plastic tube all over my body,” one detainee said. “I was tied to a chair and threatened with electrocution if I didn’t talk. I was insulted and humiliated.”

“The UAE’s judicial system will lose all credibility if these allegations are swept under the carpet while the government’s critics are put behind bars,” said Joe Stork, deputy Middle East director at Human Rights Watch. “Unless the government investigates and takes action, it will be hard to avoid concluding that torture is routine practice in the UAE.”

On March 4, 2013, at the first trial hearing, some defendants told the judge they had been seriously ill-treated during months in detention. They described prolonged solitary confinement, exposure to continuous fluorescent lighting that made it difficult to sleep, inadequate heating, and hooding when they were taken from their cells — including while being taken to the toilet or for interrogation. They said they had been repeatedly insulted by prison guards. People present in the court said that the judge ordered that the detainees undergo medical examinations, but these did not take place.

The letters obtained by the rights groups indicate that these forms of mistreatment were systematic. All of the detainees who described their conditions said they were held in solitary confinement where they were constantly exposed to bright light in their cells.

All but six said they were subjected to extremes of temperature and that men who claimed to be state security officials interrogated the detainees while they were blindfolded. Two described being threatened with electrocution.

“I heard muffled sounds and screams, suggesting systematic torture, knocking on the iron doors to prevent me from sleeping, and very loud noises from the AC hatch, like airplane engines,” another detainee said.

The allegations in the letters are consistent with previous allegations of torture. Amnesty International documented credible claims of torture in 2003 and raised concerns over the treatment of a UAE national in 2007, along with a US-Lebanese national in 2009.

In September 2012, a Syrian national, Abdulelah al-Jadani, told Human Rights Watch that officers at a state security facility beat and whipped him, held him in painful stress positions, and hung him from the wall by his arms and legs. He also said he was subjected to severe sleep deprivation and extreme cold in his cell.

At the time Al-Jadani’s allegations emerged, the whereabouts of the Emirati political detainees were unknown, and local sources told the organizations that it was likely they were being held in the same state security facility where al-Jadani alleges he was tortured. On September 6, six of the 94 detainees appeared before a judge at the Supreme Court. The son of one of the detainees was in the courtroom and reported that they seemed dishevelled, disoriented, and distressed.

Other detainees have also alleged that they have been tortured.  One is Saud Kulaib, who is being held in Al Sader jail, but spent five months in incommunicado detention between December 29 and May 27. Since his move to Al Sader, Kulaib has told family members and other inmates that he spent all of that time in solitary confinement, and that he was subjected to extremes of temperature and sleep deprivation.

He also alleges that officers beat him, sliced his hand open with a razor blade, threatened to pull out his fingernails and told him that his wife was in detention and on hunger strike:

“I was suspended several times from the legs, by an iron rod, in an extremely painful position, between two chairs while my hands were tied with an iron chain, leaving marks that are still visible today,” said Kulaib.

“I was then severely beaten on the legs for more than half an hour. Next cold water was poured over my head and body. At times my clothes were taken off, leaving only my under-shorts, to torture me in the manner already described.”

It is not clear what charges Kulaib is facing. Local sources believe that his detention relates to comments he made on social media about the alleged torture of one of the 94 defendants, Ahmed al-Suweidi. On June 10, 2012 Kulaib posted a comment on Twitter in which he said that al-Suweidi was “being exposed to severe torture under the supervision of a high official.”

In September, Alkarama and Human Rights Watch documented the enforced disappearance of al-Suweidi for a period of six months. Local activists believe that a forced confession from al-Suweidi forms the basis of the prosecution’s case in the trial. On March 4, during the first session of the trial,   al-Suweidi, told the judges: “I know that what I’m going to say may cost my life, but I deny the charges and I ask the court to protect my life and the life of my family,” witnesses who were in the courtroom said.

“Not investigating such serious allegations of torture would add to the litany of the violation of the 94 defendants’ rights, from the vague the charges brought against them for their association with al-Islah, or the Reform and Social Guidance Association, to their rights of defence being repeatedly flouted,” said Hassiba Hadj Sahraoui, Deputy Director of Amnesty International’s Middle East and North Africa Programme.

Another group of 30 people accused of operating a branch of the Muslim Brotherhood have also alleged that they were tortured. On June 19, UAE authorities referred them for trial at the Federal Supreme Court. The authorities have not released their names, although local sources believe they include 13 Egyptians detained between November 21 and January 7.

The son of one of the detainees, Dr Ali Sonbul, told Human Rights Watch that family members of the detainees who have visited the men in prison told him that they are being kept in solitary confinement and have been subjected to “psychological and physical torture.”

To mark the International Day in Support of the Victims of Torture on June 26, Human Rights Watch, Amnesty International and Alkarama call on UAE authorities to:

•    Provide independent forensic medical examinations to defendants who say they have been tortured; •    Exclude any evidence obtained by torture from any trial proceedings; •    Ensure  prompt, independent, and impartial investigations  into allegations of torture and other ill-treatment, enforced disappearances, and other serious human rights violations and bring those responsible  to justice in proceedings that comply with international fair trial standards; and •    Ensure that victims of torture, enforced disappearance, and arbitrary detention receive full reparations. •    Provide for the independent inspection of all detention centers. •    Ratify the Optional Protocol to the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

On  June 7, the foreign minister, Dr Anwar Gargash, told the UN Human Rights Council in Geneva that any allegation of torture in the UAE would be “dealt with in accordance with the laws of our country and the measures provided by the law will be taken in case of violation.”

“To prove his intentions to the international community, Dr Gargash should order investigations into all allegations of torture and mistreatment committed by the state security services, including those made by the UAE 94,” said Rachid Mesli, director of Alkarama’s legal department.

For further information, please contact Elizabeth Berton-Hunter 416-363-9933 ext 332 bberton-hunter@amnesty.ca

The strategy extends far beyond! Read more reports on UAE

UAE behind Egypt coup d’état: Cash and loans from UAE to crush ‘Arab Uprising’.  Strategy beyond the borders!

UAE: Arming up with mercenaries!
What possible security risks could have motivated the UAE to hire outside help?

Photograph: The Colombians had entered the United Arab Emirates posing as construction workers. In fact, they were soldiers for a secret American-led mercenary army being built by Erik Prince, the billionaire founder of ‘Blackwater Worldwide’, with $529 million from the oil-soaked sheikdom. Read Article at New York Times: Sheik Mohamed bin Zayed al-Nahyan of Abu Dhabi hired Erik Prince to build a fighting force

Lieutenant General Sheikh Saif Bin Zayed AlNahyan – The Making of a Police State http://www.boycottuae.com/uaeblog/sheikh-saif-bin-zayed-al-nahyan-the-making-of-a-police-state

Boycott-UAE  Video:

The man in this video, seen torturing an Afghani businessman, is none other than Sheikh Issa bin Zayed al Nahyan, the brother of the President of United Arab Emirates. The UAE interior minister, Saif bin Zayed al Nahyan, is also one of Sheikh Issa’s brothers. Policemen (ADPolice) in uniform pin the victim to the floor as the sheikh uses an automatic rifle, whips, electric cattle prods, wooden planks with protruding nails and even his Mercedes SUV to torture his victim.

Sheikh Issa was acquitted in an Emirati court for the incident. The court ruled that “he was not responsible for the crime, that the sheikh was under the influence of drugs (medicine) that left him unaware of his actions”. [Warning: the images may be disturbing] View Video http://www.youtube.com/watch?v=Ks_MIRvmx9E

Read Featured Report: UAE PRISON
http://www.uaeprison.com/sheikh_nahyan_uae_shocking_torture_video.htm